(See also later post, 24th August Challenging the police harassment warning)
After four and half months I had a visit from two Dyfed Powys Police CID officers today. I was not arrested nor spoken to under caution. The investigation into perverting the course of justice has been dropped as the evidential test was not met. I am not surprised. As I suspected, this criminal complaint, which was also made by Carmarthenshire Council chief executive Mr James, related to the libel judgement of High Court judge, Justice Tugendhat in March 2013.
The judge, in 2013, made this finding on a balance of probabilities, and in a civil court. That 'balance' was not based on any factual evidence whatsoever and was made simply on the whim of the judge as to who he decided to believe. It was this finding, a total miscarriage of justice, which led to the withdrawal of my legal insurance.
There is further comment, an extract from my closing statement in 2013, on the sidebar of this blog.
I now feel completely vindicated.
In March 2013 a local paper asked the police if they were investigating me for this alleged offence following the judgement, the police said "they were not aware of having to do anything around this".
Clearly, at some point since April 2016, over three years later, the chief executive decided that they did.
As for the complaint of harassment, I was issued with a Police warning notice. This was for alleged harassment of the chief executive, entirely in respect of this blog. It is utter nonsense. The alleged harassment appears to refer, in the main, to my reference to the unlawful payments scandal and wider comment and opinion. This is not harassment.
The warning takes effect from today (18th August 3.15pm).
As this is not a legal notice nor a caution, there is no direct way to appeal it, or defend myself, however, I told the police that I did not accept the allegations, nor agree to any part of their 'warning'.
It will be business as usual.
After four and half months I had a visit from two Dyfed Powys Police CID officers today. I was not arrested nor spoken to under caution. The investigation into perverting the course of justice has been dropped as the evidential test was not met. I am not surprised. As I suspected, this criminal complaint, which was also made by Carmarthenshire Council chief executive Mr James, related to the libel judgement of High Court judge, Justice Tugendhat in March 2013.
The judge, in 2013, made this finding on a balance of probabilities, and in a civil court. That 'balance' was not based on any factual evidence whatsoever and was made simply on the whim of the judge as to who he decided to believe. It was this finding, a total miscarriage of justice, which led to the withdrawal of my legal insurance.
There is further comment, an extract from my closing statement in 2013, on the sidebar of this blog.
I now feel completely vindicated.
In March 2013 a local paper asked the police if they were investigating me for this alleged offence following the judgement, the police said "they were not aware of having to do anything around this".
Clearly, at some point since April 2016, over three years later, the chief executive decided that they did.
As for the complaint of harassment, I was issued with a Police warning notice. This was for alleged harassment of the chief executive, entirely in respect of this blog. It is utter nonsense. The alleged harassment appears to refer, in the main, to my reference to the unlawful payments scandal and wider comment and opinion. This is not harassment.
The warning takes effect from today (18th August 3.15pm).
As this is not a legal notice nor a caution, there is no direct way to appeal it, or defend myself, however, I told the police that I did not accept the allegations, nor agree to any part of their 'warning'.
It will be business as usual.
19 comments:
Its scandalous that it has come to this.
Be cautious about a harassment warning. it could be used by the Police to prove a course of conduct in the future.
Ref your financial predicament - I don't know much about this but have you considered crowd funding. It wouldn't just be a local thing would it. I remember the trial and there was a lot of interest on Twitter and of course in the national press.
Personally I think there is going to be an attempt to bankrupt you to prevent you standing for the council.
I think we all knew this was a malicious accusation with the police struggling to find a case to answer.
The warning for harassment is just a way of trying to save face. They along with the council do not come out of this with any credibility. Perhaps the cicilian cartel isn't quite as powerful as it believes it is after all.
That old chestnut!
You should be receiving an apology, same as Tricia got EVENTUALLY (although only from the fuzz who were probably just guilty of having their strings pulled again - you think they'd be wise to it now FFS).
https://westwalesnewsreview.wordpress.com/2015/10/12/trishas-torment-when-turning-a-blind-eye-lets-abuse-escalate/
Given the chief executive's legal qualifications and the fact that he is backed up by the council's inhouse legal team (Motto: "Cavalier at best, incompetent at worst"), plus the possibility that his own private lawyers were involved in this (if he chose to dip into his own pocket for once), collectively they must have known that the perverting the course of justice accusation would not fly. But with the taxpayer there to pick up the costs - again - there was no risk to Mr James in a strategy which seems to boil down to "let's throw everything at her, and perhaps something will stick".
A cynical waste of police time and resources which is inexcusable when you consider the legal expertise he has access to.
Good for you Jacqui - keep fighting and don't let the ******* grind you down. As for the crowd funding suggestion, I would certainly contribute.
Thanks for the comments.
Yes Cneifiwr, this was a horrendous waste of public money, for the police and the council, and a waste of police time, over four months of it.
I will explore ways of challenging the police warning notice next week. It is not a criminal record but is kept on police file for 14 months. Aside from that, and as I said in my post, it is utter nonsense. It appears to me to be a very poor attempt at a civil injunction, with no legal basis, delivered under the guise of a criminal matter.
Thanks also for the crowd funding suggestion, as before, the thought is very much appreciated but it's far too much money and I am not comfortable with it, there are far more deserving causes than this!
The situation is simple, nobody's getting any money because I haven't got it.
For information on harassment warnings and challenging them see http://crimebodge.com/harassment-warnings-how-to-challenge-them/
Four and a half months? If the police were acting within the time frame usually employed by CCC it would be considerably longer,unless of course the Council was chasing anybody that might dare to criticise them then speed would be of the essence! A public enquiry into the workings of this Council is long overdue if only the Welsh Government had the desire to bring to an end to the executive led Council and it.s flagrant policy of cronyism . "Keep the public in the dark like mushrooms and fed them plenty of s---".
Welsh Government? Far from it as this and other cases prove. Just another costly non job centre that serves itself. The costly Circumlocution Office of Committees. How about a Referendum on the Assembly?
I agree with a referendum on keeping the Assembly. A petition could be started. It was one of the worst decisions ever. It serves itself and cares not about abuses of the system in Wales even when Ministers are shown clear and unambiguous evidence of extremely serious misconduct in public office. Such abuses can destroy innocent people lives, and there are many examples of this, which certain Ministers are fully aware of and continue to turn a blind eye to.There is a lot to be ashamed of in Cardiff.
Anon 19:06 gave the http://crimebodge.com/harassment-warnings-how-to-challenge-them/ I found it very interesting. Actually the way you were given this PIN causes me to believe the police are supporting the CCC to act against your Human Rights. You have a right to free speech & expression and as others have mentioned your comments/blogs are political. These people whether CCC officers or members should accept the public's right to criticise them. They have been in their positions for years and believe they have become too powerful with too many "friends" to have to put up with dissent and criticism. Time the Welsh Assembly Government got off it's **** and acted to rein in and discipline this wayward Local Authority.
Another thing public bodies are by law supposed to follow the principles of the HRA including the police.
Using the police as an instrument of suppressing dissent is a blatant abuse of power. We know that those in the Kremlin on the Hill have no shame or scruples,but you'd think that after the #daftarrest incident,the police would want nothing to do with this campaign of intimidation.
I'd say him making false allegations to the police about you to prevent you exercising your right to free speech is him harrassing you at the very least. I suggest a counter complaint of harrassment against him, along with an FoI to ensure that he has in fact been issued with a mirror image 'harrassment' letter. Trying to silence a blogger by making false allegations to the police is a pretty cut & dried example of deliberate harrassment. I'm actually surprised there's not enough evidence to support an allegation against Mr James of wasting police time... it would be great to see the details of the original complaint... I wonder what the police would do if they received an allegation about somebody wasting police time from a member of the police precept paying public outraged that their contribution was apparently being wasted by a so called public servant in pursuit of what could be construed by an observer to be a personal vendetta?
What is the criminal sanction for harrassment? Does anyone know the maximum and minimum sanctions?
Anon 9.37 I totally agree with your comments. Our lives in our case have been ruined since the creation of this faux institution. It seems that it causes more trouble than the worth and nobody down there in the Bay of Flying Pigs gives a jot about people let alone their rights. Anyone setting up a petition for a Referendum would be most welcome. People are sick of it all. Like the EU it has had its chance and it has blown it. Worst thing to happen and all under the guise of a load of bluff and bluster. Just another gravy train IMO. Very unpopular and totally out of touch.The Emperors clearly have no clothes.
Jennifer you are right. The local council have a statutory duty to encompass the Human Rights Act in their decision making. Ministers in Cardiff are fully aware that our lives have been destroyed due to the serious failures of CCC in totally ignoring them and allowing highly questionable planning decisions which have had a disastrous affect upon our home and our lives. Unforgivable. A lot to expose here.
The police too need to follow HRA & police fairly & without bias. Here we cannot say that this is how they are handling the situation concerning Jacqui who has only been making political commentary on our very clandestine toxic Council.
PINs should be binned. One can't even appeal against them. Those with power using them to 'harass' and silence their opponents. Pippa bartolotti got one put onto me. I got the blog bit removed.
Post a Comment