Monday, 17 July 2017

CPS decision - Y Cneifiwr's analysis. And a complaint to the Wales Audit Office.

Further to the decision by the CPS to drop the prosecution against me, Y Cneifiwr has written an excellent analysis of it all here, including a dissection of Mr James' witness statement;

* * *

Further to ''Evidence' accessed from council computer - the Carmarthenshire Herald' I have now asked the Wales Audit Office to look into the matter. The email below was sent this morning and also copied to Adam Price AM and council leader Emlyn Dole.
I have had an acknowledgement from the WAO (see end of post), so when, or if, there's a response, I'll post it on this blog.

To; Wales Audit Office 
Dear Sirs, 
I wish to make a formal complaint concerning the chief executive of Carmarthenshire County Council, Mr Mark James, relating to the use of public resources to support a private legal case. 
Mr James made a complaint against me for criminal harassment to Dyfed Powys Police in April 2016. This related solely to a blog of which I am the author [], and was in a private capacity, a position confirmed by the Council press office itself on 12th July 2017 to BBC Wales []. 
I am in possession of police reports (attached) which state that the police visited County Hall, Carmarthen on the 18th April 2016 to take Mr James' initial formal complaint. The same day there was an extensive search of my blog from a council IP address. At the time, as this was a very unusual search, I saved the log. I have attached a printed version for your information. 
I believe that the contents of my blog was either saved or printed, by persons unknown on a council computer to support Mr James' private legal action and to supply information to the police for their criminal investigation. 
On the 20/21st June 2016 there was another similar unusual search of my blog from a council IP address, this was a few days prior to the police again attending County Hall to take Mr James' full statement on the 27th June. This date is corroborated in another police report. Again I believe this search was undertaken to provide support for this private criminal complaint. I attach to this email the saved log from this search, as a file.
Searches similar to these have been carried out before that date and since, most notably around the time a renewed complaint of harassment made by Mr James on the 15th December 2016 and a day or two prior to a County Court hearing held on 23rd March 2017 where Mr James was enforcing damages personally awarded to him from an earlier court case. My blog was again used in evidence at that hearing.
I did not save the logs relating to these two instances but I understand that this information could be retrieved from the council, by yourselves, if you decide to investigate the matter. 
The criminal charge of harassment against me was dropped by the Crown Prosecution Service on the 10th July 2017. 
I would be very grateful if you could investigate this matter. It is highly inappropriate for the highest ranking officer in a public authority to instruct another officer to provide information, via the council IT infrastructure, for a private legal case, not only is it unethical but it is also an improper use of council time and resources. 
In addition, it is of paramount importance for the administration of justice, and the right to a fair trial, that the parties are on an equal footing in terms of representation and resources. For the chief executive to have access, and to use, public resources in this way is a breach of both the conduct expected of him as well as the basic tenet of our justice system, placing myself at a distinct disadvantage. 
With respect, I look forward to your confirmation that you will be investigating this matter, and I would also be grateful for a brief acknowledgement of this correspondence and the attached evidence. 
If you require any further information please contact me via this email address, or by post. 
Yours sincerely
Mrs Jacqui Thompson 
10 Attachments;
Blog stats for the 18th April 2016 (6 pages)
Blog stats for 20/21st June 2016 (one file)
Police crime report for 18th April 2016
Police report (following my complaints to Dyfed Powys Police); Relevant dates confirmed on Page 5

WAO acknowledgement;

Case reference – 020/17
Thank you for your recent email dated 17 July 2017, I also acknowledge safe receipt of the attachments.
I can confirm that your email has been passed onto the relevant audit team and you should receive a direct response from them, once they have had the opportunity to consider the issues you have raised.


Lesley said...

Well done, Jacqui. I have the utmost admiration, not only for the work you do in keeping us all informed, but also for your unbelievable courage in the face of everything that gets thrown at you by Mark James. Let's hope that the Wales Audit Office will take this matter seriously and that you get the justice you richly deserve.

Tessa said...

Bloody hell!
Was there ever a better example of "What doesn't kill you makes you stronger"?
Good for you!

caebrwyn said...

Thank you Lesley. Yes, I hope they take this seriously as well.

Elderly Neil. said...

Excellent Jacqui right from the high court with it's disgraceful decision you have endured; and surely your blogs where all facts are substantiated are slowly and surely
impacting on Mark James. He certainly has had his nails cut in this latest case.
Insufficient Evidence indeed ? There was no evidence. Keep up your good works !!!!

Ken Haylock said...

Well done, good call.