tag:blogger.com,1999:blog-791817892794754996.post5773738492082396390..comments2023-11-18T08:59:54.598+00:00Comments on Carmarthenshire Planning Problems and more: CPS discontinue blog 'harassment' casecaebrwynhttp://www.blogger.com/profile/17233902574832152764noreply@blogger.comBlogger25125tag:blogger.com,1999:blog-791817892794754996.post-25254245270576691412017-07-13T10:21:14.289+01:002017-07-13T10:21:14.289+01:00great news, jaqui.
keep up the good work.
your bl...great news, jaqui.<br /><br />keep up the good work.<br />your blog inspired me to go public- https://gwyneddsfailingcouncil.blogspot.co.uk/rayhttps://www.blogger.com/profile/14904789776311005816noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-689044023862449882017-07-13T09:17:29.340+01:002017-07-13T09:17:29.340+01:00I think that if the 'evidence' is as descr...I think that if the 'evidence' is as described, you have good grounds for complaining to both the IPCC & utilising the CPS complaints process. I think both Dyfed Powys police & the local CPS have questions to answer about the appropriateness of their conduct in this case, because there would appear to be no objective basis for criminal charges at all, & the police should not even be initiating an investigation of a journalist [which is effectively what a blogger is] unless an incredibly high bar is reached. <br /><br />It's also fair to ask - if linking to Mark James 'Shit of the Year award' in your blog is evidence of a crime that should be prosecuted, what was writing that column or publishing it in their internationally famous magazine? Why didn't Dyfed Powys police interview Ian Hislop under caution & threat of arrest? <br /><br />Obviously that would have been grossly inappropriate & a media/legal firestorm of unimaginable proportions would have engulfed Dyfed Powys police had they even tried, but if you genuinely regarded linking to that article on a blog, as evidence of a criminal offence of harassment, you'd have to treat writing it in the first place far _more_ seriously, right? <br /><br />That implies that the thing that distinguishes Jacqui's blog from Private Eye in this scenario is who wrote it. Which is another way of saying that this was personal. But why might the police have it in for Jacqui personally, let alone the local CPS? It seems unlikely that they would, although if they do that's a serious matter. But maybe somebody with undue influence over the activities of _both_ organisations does? <br /><br />I'm pretty sure that, hypothetically, leaning on the police & CPS to settle your personal scores with a journalist (which is what a blogger is) by prosecuting them for writing about events you'd rather they didn't write about would be something you might expect to see in Putin's Russia rather than Carmarthenshire, so if that hypothetically explains why the Police & CPS were so zealous in their attempt to not just silence Jacqui but get her locked up, then surely Misfeasance in Public Office would be the _least_ of it?Ken Haylockhttps://www.blogger.com/profile/02298100658896511024noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-58334046392854550912017-07-13T08:05:47.057+01:002017-07-13T08:05:47.057+01:00@anon 12-7-17 23:04 - yes fair point, I should hav...@anon 12-7-17 23:04 - yes fair point, I should have put my source. However I do include my name.......Tessa "Pound of Flesh" Finch.noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-31374682004571459232017-07-12T23:04:57.154+01:002017-07-12T23:04:57.154+01:00Bad form not to reference your source!
"The ...Bad form not to reference your source!<br /><br /><i>"The tort of Misfeasance in Public Office is an intentional tort that can be committed only by a public official and the core concept is abuse of power. This in turn involves other concepts, such as dishonesty, bad faith, and improper purpose.<br />Power is granted to a public official for a public purpose. It is an abuse of that power for him to exercise it for his own private purposes, whether out of spite, malice, revenge, or merely self-advancement." </i><br /><br />http://www.doverdistrictcouncil.com/misfeasance-in-public-office/<br /><br />Further reading may be found <a href="http://www.cps.gov.uk/legal/l_to_o/misconduct_in_public_office/#a01" rel="nofollow">here</a>, which provides a better explanation in as much that <b><i>'a public officer acting as such wilfully neglects to perform his duty and/or wilfully misconducts himself to such a degree as to amount to an abuse of the public's trust in the office holder without reasonable excuse or justification</i></b><br /><br />I doubt very much james will be prosecuted under the above, no matter how bad he is made to look. The prosecution needs to be brought by the crown on instruction of the police and given the cosy relationship between plod and james there are better odds of <a href="http://www.assembly.wales/en/memhome/Pages/MemberProfile.aspx?mid=4978" rel="nofollow">Lee Waters</a> being elected prime minister.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-62069230513578371852017-07-12T18:46:54.061+01:002017-07-12T18:46:54.061+01:00Well Wavell, it still hasn't arrived, fortunat...Well Wavell, it still hasn't arrived, fortunately my solicitor, and the BBC have reconfirmed the CPS decision today, which is just as well as I was due in court tomorrow morning.caebrwynhttps://www.blogger.com/profile/17233902574832152764noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-28839225757778679712017-07-12T18:09:19.691+01:002017-07-12T18:09:19.691+01:00They could have sent the notice by first class pos...They could have sent the notice by first class post at least !!!<br /><br />Or do the CPS use the same attitude to the public "they are only commoners, next week will be fine".<br /><br />Wavellnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-16043416818844962092017-07-12T17:55:31.828+01:002017-07-12T17:55:31.828+01:00Which raises the possibility that the evidence use...Which raises the possibility that the evidence used to be more extensive than it now is... & some of it was suddenly withdrawn at the last moment. I think I'd want to understand how linking to a bunch of press articles alone _ever_ led to a charge...Ken Haylockhttps://www.blogger.com/profile/02298100658896511024noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-1125301728814106412017-07-12T16:17:37.776+01:002017-07-12T16:17:37.776+01:00Saying that matter has been dropped following revi...Saying that matter has been dropped following review by more senior people in CPS doesn't hold water. The file would have been examined by senior CPS people at the outset I would have thought. I think they were probably hoping for a quick guilty plea and for you to buckle. I for one was looking forward to the report of the evidence being revealed and examined. If the case was as you indicate, a number of reprinted press reports and fair comment on other issues then It would have been chucked out as no case to answer. Very embarrassing for all concerned in bringing this matter this far and I hope they have a post morgen to learn lessons from it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-9413498376697377862017-07-12T16:03:02.928+01:002017-07-12T16:03:02.928+01:00Nicely put, Tessa. I wonder if anyone can pursue ...Nicely put, Tessa. I wonder if anyone can pursue it? We need another Gabrielle Sheppard, sadly deceased, who had the nerve to put her savings and her house on the line during the St Catherine Street fiasco by going for a Judicial Review of the council's refusal to hold a referendum on whether the street should be closed. The proposal was entirely for the benefit of the developers of the new shopping precinct and would have caused traffic chaos in the town. Against all the odds, she won - which gives hope for the Davids who might want to fight this particular Goliath once again.Lesleynoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-13348496554359280182017-07-12T15:31:06.396+01:002017-07-12T15:31:06.396+01:00The tort of Misfeasance in Public Office is an int...The tort of Misfeasance in Public Office is an intentional tort that can be committed only by a public official and the core concept is abuse of power. This in turn involves other concepts, such as dishonesty, bad faith, and improper purpose.<br />Power is granted to a public official for a public purpose. It is an abuse of that power for him to exercise it for his own private purposes, whether out of spite, malice, revenge, or merely self-advancement.Tessanoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-1695273917535150812017-07-12T11:16:37.903+01:002017-07-12T11:16:37.903+01:00Ken Haylock
I am still waiting for the discontinu...Ken Haylock<br /><br />I am still waiting for the discontinuance notice to arrive, it should come in the post later today. That may, or may not, elaborate on the decision to withdraw the charge.<br />I also have the prosecution evidence and will be providing more detail, and comment, later on todaycaebrwynhttps://www.blogger.com/profile/17233902574832152764noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-31910413655886254022017-07-12T11:10:06.295+01:002017-07-12T11:10:06.295+01:00Great news!
Is it possible to gain access to the ...Great news!<br /><br />Is it possible to gain access to the evidence that was going to be used against you & the basis of the initial charging decision & the decision to withdraw?<br /><br />If the CPS decided to proceed, & then decided to drop it all on their own, that's one thing - they made a flawed charging decision. If the reason it is being dropped is because a prosecution witness (i.e THE prosecution witness) suddenly withdrew his statement at the 11th hour, then that is surely another can of particularly smelly worms entirely?Ken Haylockhttps://www.blogger.com/profile/02298100658896511024noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-77867489329267380262017-07-12T10:29:42.802+01:002017-07-12T10:29:42.802+01:00If this doesn't prove it was a just a maliciou...If this doesn't prove it was a just a malicious exercise nothing does.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-90158898391549067912017-07-11T22:56:39.890+01:002017-07-11T22:56:39.890+01:00Maybe plod can bring charges against james for was...Maybe plod can bring charges against james for wasting their time. <br /><br />While they're at it, perhaps you can bring charges against him for harassment, causing undue stress through his personal vendetta against you and the potential misappropriation of council staff and equipment.<br /><br />He has become the stain that simply won't go away.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-62507935555900279672017-07-11T22:41:33.406+01:002017-07-11T22:41:33.406+01:00@ Anon 11 July 2017 at 19:15
Fair comment I think...@ Anon 11 July 2017 at 19:15<br /><br />Fair comment I think perhaps I should stand corrected in hindsight. A wobbly, large, intricate web of dominoes at risk of being toppled is probably the case. One topples and we know the rest.<br /><br />.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-2981184635408348962017-07-11T20:37:53.176+01:002017-07-11T20:37:53.176+01:00So pleased for you, Jacqui. But it is the only pos...So pleased for you, Jacqui. But it is the only possible just outcome from what was a ludicrous situation. <br /><br />Your strength and dignity throughout this latest ordeal have been inspiring, and I hope now that this marks a point of change in the course of events in Carmarthenshire. Mrs Angryhttps://www.blogger.com/profile/00586223909475832791noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-87629345004668507142017-07-11T19:15:28.969+01:002017-07-11T19:15:28.969+01:00I don't think the decision has anything to do ...I don't think the decision has anything to do with 'someone human and sensible' finally seeing sense.<br />I think it's more to do with the fear of opening a can of worms. Someone needs to investigate the prolonged waste of taxpayers money.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-88511474625732692122017-07-11T18:54:58.501+01:002017-07-11T18:54:58.501+01:00I am so pleased to hear this news but furious that...I am so pleased to hear this news but furious that this bloody-minded and vindictive action should ever have got so far. It is outrageous that the CPS took this matter seriously in the first place. <br /><br />It must surely be the case that proceedings have screeched to a halt because the trawl of your blog by someone in CCC became public knowledge and explaining that in court would have been awkward, to say the least.<br /><br />I agree that there should be an independent investigation into this - it's clearly been a waste of police time and resources as well as being a vile harassment of you personally.<br /><br />Let's hope you can have a less stressful life from now on.<br /><br />Lesleynoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-84784512299294613852017-07-11T17:58:04.800+01:002017-07-11T17:58:04.800+01:00Justice when you least expect it - so pleased for ...Justice when you least expect it - so pleased for you! The CCC CEO must be very unhappy. Good. Redheadnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-85688852067428442212017-07-11T17:48:33.115+01:002017-07-11T17:48:33.115+01:00Thankfully it seems that someone human and sensibl...Thankfully it seems that someone human and sensible has finally seen sense and put an end to this nonsense. I am so pleased and relieved for you. I do hope all the years of stress havent greatly affected your health through all of this.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-74673950767001309642017-07-11T17:43:41.801+01:002017-07-11T17:43:41.801+01:00@Anon 16:28
Yes, good news. An interesting idea re...@Anon 16:28<br />Yes, good news. An interesting idea regarding the <a href="https://carmarthenplanning.blogspot.co.uk/2017/07/evidence-accessed-from-council-computer.html" rel="nofollow">council computers</a>, an issue in itself which I will be pursuing, but I think this decision probably had more to do with protected political speech than anything else.<br /><br />@Dafis<br />I hope it's true! There's no fake news on this blog anyway!<br />And yes, I agree.caebrwynhttps://www.blogger.com/profile/17233902574832152764noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-54203520947907577472017-07-11T17:35:08.406+01:002017-07-11T17:35:08.406+01:00Utter disgrace. It should not have been allowed to...Utter disgrace. It should not have been allowed to proceed in the first place. If it IS found that the CEO of CCC DID have Council employees using Council owned equipment in his personal pursuit of you that would surely be deemed maladministration in public office. For far too long many people in Carmarthenshire have had their lives ruined by the unacceptable behaviour by some Council employees who have considered themselves to be above any law and answerable to no one.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-56921681150876629562017-07-11T17:22:39.723+01:002017-07-11T17:22:39.723+01:00Trust that this is true, not fake news. That being...Trust that this is true, not fake news. That being the case we rejoice in the decision at last someone is showing a little bit of sense though it took a long time to flicker into life. The final judgement on Mr James is yet to come. Dafisnoreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-12290400195043704382017-07-11T17:00:49.321+01:002017-07-11T17:00:49.321+01:00There needs to be an independent investigation of ...There needs to be an independent investigation of this absurd allegation against you. And by independent I mean someone other than the thoroughly discredited Public Service Ombudsman for Wales, Nick Bennett.<br /><br />Despite being a lifelong believer in Welsh independence and doing things for ourselves, public life in Wales has become so corrupt and incestuous that I would welcome someone from outside of Wales who could approach the issue with an open and honest mind.Jac o' the North,https://www.blogger.com/profile/02032744625666336148noreply@blogger.comtag:blogger.com,1999:blog-791817892794754996.post-31950430261295192852017-07-11T16:28:19.907+01:002017-07-11T16:28:19.907+01:00Excellent news Jaqui.I wonder what prompted this.
...Excellent news Jaqui.I wonder what prompted this.<br />The questions being asked of whether council computers were used to trawl through your blog perhaps.Anonymousnoreply@blogger.com