GRIMSBY AND CLEETHORPES

Application to start a prosecution

(s1 Magistrates Courts Act 1980)

MAGISTRATES COURT
(Code 1940)

Listed: 26 April 2016

Yyyyy Xxxxx
Prosecution
v
Humberside Police
Defendant

STATEMENT OF EVIDENCE

LIST OF EXHIBITS
No

DATE

DESCRIPTION

FILE

8 March 2016 Magistrates Courts Act, s 1 (Information)

Exhibit 1

12 Nov 2015

Email from Humb Police

Exhibit 2

12 Nov 2015

Email to Humb Police

Exhibit 3

13 Nov 2015

Email from Humb Police

Exhibit 4

2 Dec 2015

Evidence supporting allegations

Exhibit 5

8 Dec 2015

Humb Police confirming recording of complaint

Exhibit 6

13 Jan 2016

Humb Police outcome of complaint

Exhibit 7

25 Jan 2016

Appeal against outcome of complaint

Exhibit 8

19 July 2013

10

October 2015 Councils Witness Statement

11

Nov 2013

12

October 2015 Councils Exhibit (NELC12)

13

20 Nov 2013

Original letter to Administrative Court

Exhibit 13

14

25 Nov 2013

Original letter from Administrative Court

Exhibit 14

15

15 Jan 2014

Email Read Receipt from Council

Exhibit 15

16

14 Feb 2014

Email Read Receipt from Council

Exhibit 16

17

23 April 2014 Email Read Receipt from Council

Exhibit 17

18

10 Jan 2014

Letter to the Justices Clerk (query delivery of case)

Exhibit 18

19

13 Feb 2014

Letter to the Justices Clerk (query delivery of case)

Exhibit 19

20

22 April 2014 Letter to the Justices Clerk (requesting certificate)

21

1.

Costs suspended until outcome of proceedings

Screen shots of internet forum posts

S 26 of the Criminal Justice and Courts Act 2015

Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12

Exhibit 20
Exhibit 21

This statement and the above listed provides evidence to support the information laid on
8.3.16 [Exhibit 1].

2.

On 12.11.15, Humberside Police (HP) responded by stating that a reported crime (one
punishable as an offence whether occurring in criminal or civil proceedings), was a civil
matter [Exhibit 2].

3.

An email expressing dissatisfaction with HPs response was sent 12.11.15 stating that a
complaint would be submitted about whoever within the force made the decision. A
request was made for the matter to be escalated for the attention of the Chief Constable
so dissatisfaction of a subsequent decision would be subject to external scrutiny rather
than the force investigating itself. [Exhibit 3].

4.

HP made contact on 13.11.15, advising that all evidence should be collated to support
the allegations [Exhibit 4]. HP confirmed in a letter dated 23.11.15 that the Professional
Standards Branch was in receipt of the complaint. The advice was acted on regarding
the evidence and a statement produce dated 2.12.15 [Exhibit 5]. A number of
supporting documents were indexed but withheld awaiting assurance that they would be
considered but the documents were never asked for.

5.

A letter dated 8.12.15 from HP confirmed that the matter had been formally recorded
(CO 461/15) and enclose a copy of the complainant report [Exhibit 6]. The letter
(outcome) in relation to the complaint was sent on 13.1.16 [Exhibit 7] stating that
unless a request comes from the court, HP do not investigate allegations of perjury and
was a matter to be argued with the court.

6.

On 15.1.16 Grimsby Magistrates court was forwarded HPs outcome letter and asked if
it would confirm that the North East Lincolnshire Council (the Council) had in fact
produced a false witness statement and inform HP (the court had been forwarded the
statement [Exhibit 5] on 11.12.15). The court replied in this matter on 26.1.16 stating
that it would not be taking any action regarding the allegations of perjury.

7.

An appeal against the outcome of local resolution was submitted on 25.1.16 [Exhibit 8]
but to date there has been no update in relation to any progress made.

Exhibits supporting false statement

8.

In summary, the council applied to the Magistrates' court to obtain a Council Tax
liability order relating to the 2015/16 tax year. Payments were made in sufficient
amount to meet the legal obligation to pay the sums set out on the demand notice and so
the account was never in arrears.

9.

The Council engineered a 'non-payment' scenario, by allocating monies to a disputed

sum which related to a previous year's account that was under appeal to the High Court.
That sum was suspended [Exhibit 9] pending the court's decision which has yet to be
concluded. The Council allocate monies to the wrong account attributing that decision
to believing that the sum was no longer disputed because the appeal had been withdrawn
(paras 69 & 73 of the Councils Witness Statement submitted for Council Tax liability
hearing 30.10.15 [Exhibit 10]).

10.

Evidence held supports that this claim was untrue, not on account of the appeal never
being withdrawn (though it hasn't), but specifically because it is beyond all reasonable
doubt that the council knew it had not been withdrawn. The Council posted monies to
the suspended account on the premise that it believed the appeal had been withdrawn
and therefore did so fraudulently.

11.

It is beyond reasonable doubt that two internet forum posts [Exhibit 11] were the source
of one of the Councils exhibits (NELC12) referred to in its Witness Statement for
Council Tax liability hearing 30.10.15 [Exhibit 12]. These were two letters on which
the Council sought to rely in justifying having no further reason to believe that the
costs were being disputed because the application for the Judicial review of the costs'
had been withdrawn.

12.

The original letters one dated 20.11.13 [Exhibit 13] was in response to the
Administrative Court's recommendation to withdraw the judicial review claim as the
process had prompted the Magistrates to produce a draft case and deemed there no
longer a need for further action on their part as the process of stating a case was
underway.
Note: The judicial review claim, which was a separate matter from the application to
state a case for an appeal challenging the costs, was merely the vehicle used to get the
Magistrates' court to comply with the procedure. The judicial review claim therefore
was for a mandatory order, not a 'review of the costs' and so the case stated appeal
challenging the summons costs had not been withdrawn.
The other letter dated 25.11.13 [Exhibit 14] was the Administrative Court's response to
confirm that the letter to withdraw had been accepted and the Court file closed.

13.

The letters contained in the Councils submission had been redacted and matched the
entries that were posted on the public forum. The forum is the only place from which
those letters could be sourced in that form. The characteristics (redaction, formatting
etc.) of the letters which the Council submitted to the court were identical to the forum
posts [Exhibit 10].

14.

The Council had for some reason not sought the original letters and made use of the
website where every correspondence connected with the matter (albeit redacted) could
be conveniently accessed. It is likely that if the Council had made use of the forum to

produce its submission, it would have been informed from the regular updates posted
that the case stated appeal was still being pursued. Even if the forum was not regularly
viewed it was enough that it did once to source content to be certain that it knowingly
made a false statement. The crux of the matter is that one of the posts from which the
content was sourced [Exhibit 11] (though omitted) had the following commentary
accompanying it which reinforced the matter in itself:
Back almost to square one.
Although the judicial review claim for mandatory order was not entirely
successful in mandating the Magistrates' Court to state the case (other than the
draft), it would never have been known there was a possibility to negotiate the
terms of a recognizance at the hearing. It took this process to prompt a response
from the Justices at Grimsby Magistrates' Court.
The next move then will be to arrange to appear before the Magistrates' Court to
agree terms of a recognizance.

Receipt of correspondence acknowledged after judicial review claim withdrawn

15.

The Council had acknowledged receiving letters (email attachments) by way of 'read
receipts' returned on 15 January [Exhibit 15], 14 February [Exhibit 16] and 23 April
2014 [Exhibit 17] in respect of letters dated 10 January [Exhibit 18], 13 February
[Exhibit 19] and 22 April 2014 [Exhibit 20]. Those letters, which were copies of
correspondence sent to the Justices' Clerk concerned matters that left no doubt that the
high court appeal was still being pursued, and sent after the judicial review claim for
mandatory order was withdrawn.

16.

The appropriation of monies was supported by the Council on the basis that it believed
the appeal had been withdrawn, and on that basis alone. The council officer had
therefore wilfully made a statement material in the proceeding, which he knew was
untrue. As a consequence the Council now has a court order enabling it to enforce a
fraudulently obtained sum, which is likely to accumulate because of additional costs
which will over time to be sufficient in amount so the council will claim justification in
taking measures such as bankruptcy, charging order or applying for a custodial sentence.

Improper exercise of police powers and privileges

17.

HPs decision not to act, especially in light of the indisputable evidence must amount to
improperly exercising police powers under subsections (5) and (6) of Section 26 of the
Criminal Justice and Courts Act 2015 [Exhibit 21] as clearly the failure to exercise a
power is to the detriment of another person.

18.

This statement is true to the best of my knowledge and belief.

Dated this 25th day of April 2016

Signed: