Category Archives: In The Courts

Our fine local legal establishment

DEAR COUNCILLOR, REGARDING THE PERSONAL VENDETTAS AND THE OPEN PERJURY …

‘Meat Zeppelin’, Councillor Gary Hopkins, watercolours, 2013, @guriben

‘Meat Zeppelin’, Councillor Gary Hopkins, watercolours, 2013, @guriben

From:
To: gus.hoyt@bristol.gov.uk; rob.telford@bristol.gov.uk; wayne.harvey@bristol.gov.uk; matthew.melias@bristol.gov.uk; colin.smith@bristol.gov.uk; mark.bradshaw@bristol.gov.uk; daniella.radice@bristol.gov.uk; tim.malnick@bristol.gov.uk; kevin.quartley@bristol.gov.uk; richard.eddy@bristol.gov.uk; mike.wollacott@bristol.gov.uk; mike.langley@bristol.gov.uk; rhian.greaves@bristol.gov.uk; jackie.norman@bristol.gov.uk; alex.woodman@bristol.gov.uk; mark.wright@bristol.gov.uk; charles.lucas@bristol.gov.uk; barbara.janke@bristol.gov.uk; simon.cook@bristol.gov.uk; christian.martin@bristol.gov.uk; neil.harrison@bristol.gov.uk; anthony.negus@bristol.gov.uk; afzal.shah@bristol.gov.uk; faruk.choudhury@bristol.gov.uk; mhairi.threlfall@bristol.gov.uk; mahmadur.khan@bristol.gov.uk; christopher.jackson@bristol.gov.uk; jeff.lovell@bristol.gov.uk; lesley.alexander@bristol.gov.uk; bill.payne@bristol.gov.uk; naomi.rylatt@bristol.gov.uk; mark.brain@bristol.gov.uk; mark.weston@bristol.gov.uk; chris.windows@bristol.gov.uk; barry.clark@bristol.gov.uk; michael.frost@bristol.gov.uk; glenise.morgan@bristol.gov.uk; clare.campion-smith@bristol.gov.uk; noreen.daniels@bristol.gov.uk; phil.hanby@bristol.gov.uk; claire.hiscott@bristol.gov.uk; olly.mead@bristol.gov.uk; tim.leaman@bristol.gov.uk; jason.budd@bristol.gov.uk; christopher.davies@bristol.gov.uk; margaret.hickman@bristol.gov.uk; hibaq.jama@bristol.gov.uk; estella.tincknell@bristol.gov.uk; gill.kirk@bristol.gov.uk; fi.hance@bristol.gov.uk; martin.fodor@bristol.gov.uk; jenny.smith@bristol.gov.uk; brenda.massey@bristol.gov.uk; sean.beynon@bristol.gov.uk; charlie.bolton@bristol.gov.uk; s.pearce@bristol.gov.uk; fabian.breckels@bristol.gov.uk; ron.stone@bristol.gov.uk; sue.milestone@bristol.gov.uk; jay.jethwa@bristol.gov.uk; david.morris@bristol.gov.uk; john.goulandris@bristol.gov.uk; peter.abraham@bristol.gov.uk; geoffrey.gollop@bristol.gov.uk; alastair.watson@bristol.gov.uk; helen.holland@bristol.gov.uk; tim.kent@bristol.gov.uk; mark.bailey@bristol.gov.uk; sam.mongon@bristol.gov.uk

Subject: RE: IS THIS THE WAY A COUNCILLOR SHOULD CONDUCT THEMSELF?
Date: Wed, 10 Dec 2014 21:13:02 +0000

 

Dear Councillor,

I feel I must bring the following to your attention as a matter of urgency.

This afternoon a senior pollution control officer stated in the Bristol Magistrates Court – while on the witness stand and under oath – that Councillor Gary Hopkins has a personal vendetta against the defendant in the case in which he was giving evidence.

In addition to this alarming fact, the defendant has powerful evidence to show that a second pollution control officer has openly perjured himself under oath.

It begs the question as to why or how a councillor has been able to influence officers in the conduct of their office? Clearly Mark Curtis was not prepared to take the fall for Councillor Hopkins.

I further hope that other councillors will rally around Mark Curtis and support him in what I have no doubt will turn into a witch-hunt to have him dismissed.

The defendant in this case is the same defendant who was denied planning permission recently for the Gothic Mansion, 100 Redcatch Road. Again one can only assume that Councillor Hopkins was involved behind the scene in orchestrating this refusal because he was the person who actually called this planning matter before committee. The very same committee in which I accused Mr Calabrese of being corrupt.

In light of today’s revelation, Mr Woodman should note, that I feel somewhat vindicated.

I have no doubt that this particular case will end up costing tax payers tens of thousands of pounds and all because an overgrown bully, Gary Hopkins, wanted to run a vendetta against a citizen of Bristol who stood up to him.

Unfortunately what has been disclosed here is only a fraction of the evidence that supports Mark Curtis’ statement. However I am unable to disclose further evidence at this stage as it would be prejudicial to the case and because it has not yet been heard in open court. Methinks a big scandal is about to hit the Lib Dems and the big house on the green.

Yours Sincerely

 

Stephen Norman

The case continues tomorrow and Monday at Bristol Magistrates Court (free entry) …

Background to the case here: thebristolian.net/2014/10/23/knowle-noise-annoys/

LAUGHABLE TAKEDOWN NOTICE FROM INCOMPETENT COUNCIL LAWYERS

We just got this off some third rate interim council lawyer, presumably just out of college?

Disclosure of Exempt information
Sanjay Prashar <sanjay.prashar@bristol.gov.uk> 5 November 2014 17:55
To: “Bristoliannews@gmail.com” <Bristoliannews@gmail.com>
Cc: Shahzia Daya <shahzia.daya@bristol.gov.uk>

Dear Sirs,

You have recently published an extract from a report to Bristol City Council’s Cabinet concerning AVTM/Metrobus.

The part of the report you have published is not for publication by virtue of paragraph of Schedule 12A of the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006). This is because the information contained therein is information relating to the financial or business affairs of a particular person (including the authority holding the information) ie it is commercially sensitive information relating to the value of a contract yet to be awarded.

In the circumstances, publication of this information seriously jeopardises the project and the Council’s ability to deal with this matter in the best interests of the people of Bristol.

You are therefore required to remove this document immediately.

Failure to do so may necessitate the Council in having to take further legal proceedings.

To confirm, once the contract has been awarded then information that will assist the public in understanding the decision making process, will be published.

I do hope that you can understand why this information should not be in the public domain at this particular time and will assist us by removing it immediately. Please confirm by return that you will be doing this.

Yours faithfully

Sanjay Prashar
Interim Service Director Legal and Democratic Services
Bristol City Council
Parkview Office Campus
c/o City Hall
College Green
Bristol BS1 5TR
DX: 7827 Bristol
Tel: 0117 92 22839
Mobile: 07775227302
E mail: Sanjay.Prashar@bristol.gov.uk

Here’s our response:

The Bristolian . <bristoliannews@googlemail.com> 5 November 2014 21:47
To: Sanjay Prashar <sanjay.prashar@bristol.gov.uk>
Cc: “Bristoliannews@gmail.com” <Bristoliannews@gmail.com>, Shahzia Daya <shahzia.daya@bristol.gov.uk>

Hi Sanjay,

Could you confirm on what basis you will be taking your “further legal proceedings” please?

Obviously it is not by virtue of paragraph of Schedule 12A of the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006) since this is NOT a gagging or confidentiality clause and it does not prohibit us disclosing information in the way you appear to be claiming.

Schedule 12A of the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006) is an exemption clause that simply allows the authority not to disclose the information as required under Part VA of the LGA 1972.

What’s that to do with us?

We look forward to your response.

Toodle pip!

And, er, here’s the dickhead lawyer not understanding how to use email and admitting he has to get his boss to write his letters for him!

Re: Disclosure of Exempt information
Sanjay Prashar <sanjay.prashar@bristol.gov.uk> 5 November 2014 21:58
To: “Bristoliannews@gmail.com” <Bristoliannews@gmail.com>
Cc: Shahzia Daya <shahzia.daya@bristol.gov.uk>

Who is this joker!
Shahzia-Could you draft a response for me to send please. I suspect it won’t make an iota of difference unless we can identify the perpetrators and take them to court.
Thanks
Sanjay

And Sanjay will be taking us to court for what exactly? We await the reply with interest …

***CORRECTION***

After further research it appears that Sanjay Prashar is the Service Director (and monitoring officer!) for Bristol City Council Legal Services and therefore the unfortunate Shahzia Daya’s boss. Yes, this is the oaf now in charge who replaces Liam “Malfoy” Nevin. Perhaps he should focus a little more on making sure the council’s delegated planning decisions are constitutional and a little less time making a fool of himself with crap threats?

 

KNOWLE NOISE ANNOYS?

>> HOPKINS, THE “TRAINED EAR” AND THE GREAT LANDVEST MYSTERY

‘Meat Zeppelin’, Councillor Gary Hopkins, watercolours, 2013, @guriben

‘Meat Zeppelin’, Councillor Gary Hopkins, watercolours, 2013, @guriben

BRISTOL City Council boss, Senior Environmental Health Officer, MARK ‘BUNGLE’ CURTIS displays an interesting approach to his enforcement work.

Up in leafy Knowle he’s been showing zero tolerance to noise pollution, slapping a noise abatement notice on the so-called TOWN HOUSE, a business hiring out a large house for family gatherings. They also run the GOTHIC MANSION on Redcatch Road, which has recently been refused retrospective planning permission because of just one verified complaint and lots and lots of hearsay evidence.

Indeed, so enthusiastic is Bungle to prevent pollution in the leafy south Bristol suburb many neighbours of the Town House and the Gothic Mansion claim to have never heard any noise from either place at all!

However this hasn’t stopped the local councillor, GARY ‘FUCKBUCKET’ HOPKINS, who resides a long way from either house on the other side of Redcatch Park, from running a one man campaign against the business via his regular excruciating assault on the English language, the Lib Dem Focus leaflet for Knowle.

The few local supporters FUCKBUCKET has managed to recruit to his campaign also display similar signs of mental disorder towards both the Town House and the Gothic Mansion. One neighbour, when visited by the owners of the nearby mansion to discuss any problems, opened his door and announced, “I have dealings with LANDVEST,” and promptly shut the door again.

Why would anyone care if this neighbour has dealings with Landvest? A PROPERTY DEVELOPMENT COMPANY registered in the Isle of Man, presumably for tax reasons, who recently built a load of executive homes on land next to the Gothic Mansion on the site of the old St Peters cancer hospice.

It’s also reputed that Landvest got the land despite bidding £150k less for it than a local consortium headed by that old friend of The BRISTOLIAN, Bristol Labour leader HRH Helen of Holland.

So far, so murky. But now we hear that pollution control man BUNGLE, having issued the paperwork to get the Town House in court and fine them in the region of £140k for noise is now backing out and getting the council’s legal team to settle out-of-court.

Why would that be? Does Bungle not want these local witnesses with “dealings with Landvest” and his ‘evidence’ – all of which is based on his ‘trained ear’ rather than from certified audio reports from the calibrated equipment he has access to – cross-examined in court?

This is a strange – and expensive – turn of events when you consider the council will happily settle the case if the defendants agree to cover their own legal costs. Thus dumping us, the council taxpayer, with a large bill for the legal costs BUNGLE and FUCKBUCKET have run up over their weird Knowle NOISE OBSESSION.

Meanwhile, over in the working class suburb of AVONMOUTH, we find Bungle taking a very different approach to enforcement when there’s no obsessive Lib Dem councillor with an agenda; no shady property firm in the background; lots of certified audio reports from calibrated equipment and a set of very credible witnesses able to back up their claims and itching for action.

The SIMS METAL plant at Avonmouth docks has been, since at least 2010, the subject of literally hundreds of RECORDED COMPLAINTS for noise and dust pollution. While whistleblowers have come forward and stated that noise and dust suppression equipment has not been used at the plant for years, apparently with the full knowledge of the plant’s regulators Bristol City Council and the Environment Agency.

However, the council boss responsible, BUNGLE, has done NOTHING whatsoever about the plant. It seems, in this case, Bungle popping down for a friendly chat over a cuppa and a slice of cake every now and then with the wealthy businessmen in charge is all that’s needed.

This informal, light-touch approach seems to be backed by BUNGLE’s employers, Avonmouth Tory councillors WAYNE “DEE” HARVEY and MATTHEW “DUM” MELIAS who are happy to tell any complainants crap such as, “it’s none of your business you’ve only lived here four years” and our favourite response to this major public health threat – “you just have to put up with it”.

It’s enough to make you wonder what drives and influences Bungle’s regulatory decisions isn’t it? It’s not witnesses or evidence that’s for sure.

FORCED ADOPTION: NOT IN MY NAME

A small film about a small protest about a big issue at Bristol Civil and Family Justice Centre two weeks ago:

There will be another protest this Monday 21 July at 10.30am at Bristol Civil and Family Justice Centre, 2 Redcliff Street. All welcome. Say no to forced adoption.

Further information: For the first time, leading social workers, barristers, a High Court judge and families torn apart by the process, talk about the subject of forced adoption.

Exposure – Don’t Take My Child: https://www.itv.com/itvplayer/exposure/series-25/episode-1-exposure-don-t-take-my-child

DID THE BRISTOLIAN KILL A BOSS WITH A TOP SECRET SONIC DEATH RAY MACHINE?

A strange article appears in the Nazi Post regarding the death of Tony Harvey and featuring Bristol City Council’s PR boss and general odd bod ‘Dim’ Tim Borrett in various guises.

reich cloud buster

BRISTOLIAN boffins prepare their sonic death ray for action

Borrett accidentally overlooks his own council’s duty of care towards Harvey and appears to blame your caring, sharing BRISTOLIAN for Harvey’s death while painting a picture of the man as some kind of modern day saint.

Quite how The BRISTOLIAN killed Harvey is not made clear by Borrett or The Post. Can a few simple documented facts on a page kill? Or have we invented a secret sonic death ray machine?

Anyway, we’ve fisked and filleted the whole article for you.

BRISTOL City Council has defended a senior member of staff who was found dead after his department was investigated for financial irregularities and bullying.

That should actually read departments. Not only the council’s Markets Service but also their Security Services, responsible for the collection of cash across the council – which, coincidentally, Harvey ran – were under investigation. Why haven’t the council mentioned this as part of this generous mission to explain to the public?

Tony Harvey, 53, facilities manager in the markets department of Bristol City Council, was found dead at his home on January 9 this year.

The father-of-two’s department had been the subject of an internal audit following complaints from staff made to public services union Unison.

Complaints were actually first made to Harvey – who completely ignored them. Instead he started a “restructure” to remove troublesome whistleblowers – who were asking simple questions about glaringly dubious financial arrangements – from his department.

It is widely believed Mr Harvey may have taken his own life due to the pressure of allegations that were made public online, the Bristol Post understands.

It is widely believed by who? ‘Odd Bod’ Borrett by any chance? Or did Spunkface Orrett feed them that one?

A number of fact-based article, based on documentation regarding Harvey’s conduct, have appeared in The BRISTOLIAN (a newspaper). The content of these articles have never been disputed by Harvey or his employers, Bristol City Council. We also have a number of emails that show Bristol City Council was invited on numerous occasions to properly resolve the issues in the Markets Service internally. It refused.

But the council said Mr Harvey was not guilty of any mismanagement and there was no evidence of dishonest activity.

Can you be guilty of mismanagement? And as the article later points out, Harvey was never investigated, so it’s hardly surprising that mismanagement was not uncovered.

There was “no evidence of dishonest activity” because in November 2012 Harvey SPIKED any investigation that might have obtained the evidence. He preferred to leave around 20 allegations UNRESOLVED.

A spokesman said Mr Harvey was never investigated personally and was not suspended, but in fact he helped the council to resolve its accounting problems.

See! He was NEVER INVESTIGATED. So of course there was no evidence of mismanagement or dishonesty.

The “help” he provided to the council in resolving its “accounting problems” included:

  • SPIKING an investigation;
  • Starting a departmental restructure DURING an Internal Audit investigation;
  • Creating a new departmental staff structure that DID NOT COMPLY with the authority’s financial regulations;
  • Removing staff so that there was “A LACK OF RESOURCES AND EXPERTISE within the Markets operation to resolve all the outstanding issues.”

When he died in January, Harvey had been “helping” resolve accounting problems in the Markets Service for 20 months. Yet after nearly two years of this “help” the Markets Service accounts were still being described to councillors as “OF CONCERN”.

It appears complaints were first made about Mr Harvey’s department in May 2012, when a member of staff at the council contacted Unison.

No. A complaint was first made to Harvey personally in early April 2012, which he ignored.

Unison wrote a letter, seen by the Post, to Mr Harvey directly highlighting a number of concerns about financial mismanagement and bullying. But an official internal audit triggered by the letter found only a small sum of money unaccounted for. However, the audit did uncover irregularities and recommendations were made to bring it into line with council book-keeping policy.

The audit uncovered £165k of “uncollected licence fees” for 2012. About one third of the department’s yearly income. This figure is listed in a budget monitor report presented to councillors in January 2013. It is not “a small sum of money”.

It beggars belief that Harvey would not have noticed this amount of money apparently missing from a department he was monitoring and it beggars belief that he ignored a whistleblower who tried to tell him this in April 2012. And it is absolutely startling that he then removed the whistleblower from their job later that year.

And what “irregularities” were uncovered? They seem to be in bookkeeping. Usually, irregularities in bookkeeping require further investigation. This never happened. Harvey just tried to change the bookkeeping system and ignore what might have happened in the past.

Council spokesman Tim Borrett said any financial malpractice was down to a formerly “antiquated” system that had now been modernised with the full help and cooperation of Mr Harvey before his death.

Note Borrett acknowledges “malpractice” and then blames it on a ‘formerly “antiquated system”’. Systems don’t commit malpractice. People do.

In a statement released yesterday, a council spokesperson said: “He aided investigations into several allegations and managed the work to improve business operations.

He improved business systems by ignoring financial regulations, firing knowledgeable staff, ignoring whistleblowers and leaving serious investigations INCOMPLETE and allegations UNRESOLVED?

“While the limitations of the old financial practices meant that ability to reconcile and audit was inadequate by good practice standards, no evidence has been found of dishonest activity.”

That’s because Harvey stopped any investigation into wrongdoing in November 2012.

He added: “With regards to the tragic suicide of Tony Harvey, we cannot and will not speculate about the cause. To do so would be grossly irresponsible and risks more upset and harm being caused to his grieving family.

So, wait for it … Here’s the speculation about the cause:

“Suffice to say the anonymous implications made elsewhere that this somehow implies an element of guilt is simply not true.”

The BRISTOLIAN has never implied anything.

We have been upfront in naming Harvey and provided facts about his conduct that are not and  never have been disputed.

We are not anonymous. We can be contacted. We recently shrugged off soppy threats from crappy Bristol establishment solicitors Burges Salmon over defamation. So if Borrett fancies it…

He added there was no evidence that Mr Harvey should be criticised for his role in the situation, rather he “helped bring improvements to the financial management”.

Total bollocks. See above.

Mayor George Ferguson said: “It is clear that Tony was a much liked and a respected friend and colleague to many at the council.

This is a joke, right?

“He was diligent in sorting out the previous unsatisfactory financial management at the markets, for which we should all be grateful.

No he wasn’t. He spent 20 months “sorting out” markets and it still wasn’t sorted. At best he was a gross incompetent.

“He is sorely missed and our deepest sympathies have been extended to his family and all who knew him.”

Mr Harvey is thought to have taken his life on January 9. Neighbours at Hinton Drive, Oldland Common, said he appeared to be happy on the days leading up to his death.

A neighbour, who chose not to be named, said he had two daughters, but lived alone. She added that nobody had been to the house in the past three weeks.

An inquest into Mr Harvey’s death has been opened at Flax Bourton’s coroner’s court and has been closed again while further inquiries are made.

Unison chose not to comment on the matter.

‘THREATS’ OVER DOCKS DEATH

Rush to silence whistleblowers over ‘accidental death of a cyclist’ that could have been avoided

Counsel for the Council Liam ‘Malfoy’ Nevin uses dark arts to silence docks death whistleblowers?

Bristol City Council’s new legal boss Liam ‘Malfoy’ Nevin is trying to wave his magic wand and put an INVISIBILITY CLOAK OF SECRECY over events leading up to the death of cyclist Sean Phillips, who plunged into the city docks outside the M Shed museum in early March.

Last year the council’s Docks Office suggested putting railings up at this very site – only to be vociferously overruled by a gaggle of the city’s great and good. Among objectors to improved safety were (of course) His Royal Gorgeousness St George of Bristol; the director of the ss Great Britain Trust, Matthew Tanner; skipper of the Matthew, Rob Salvidge; and the local Tories’ terminal buffoon, Richard ‘Bunter’ Eddy, who called the proposal “EXCESSIVE NANNYING”.

Alas, they were all wrong – and it took the unfortunate death of Mr Phillips to prove it. Now council bosses and their chief solicitor Malfoy are working overtime to cover arse. Malfoy has already roundly rejected a Freedom of Information request asking for the documents that informed the decision to not put up railings on the site, claiming the release of this information might prejudice the forthcoming Coroner’s Inquest into the death. A claim described by one health and safety lawyer we spoke to as “BOLLOCKS”.

Meanwhile, just a few weeks back a senior council manager appeared at a staff meeting at the Docks Office and threatened staff. They were told to shut up and say absolutely nothing to anybody about the case or they may be dismissed. Because the best way to ensure the safety of the public is to gag and sack honest, competent public service workers, isn’t it?

Docks staff should be very wary, and should perhaps brush up on whistleblowing law. Malfoy and his management gang are clearly dabbling in the dark arts and creating a cover-up. The intention of which will be to push the blame as far down the line as they can and well away from this city’s illustrious ‘leaders’.

And who’s furthest down the line? Why, the gagged staff at the council’s Docks Office of course!

HARRY POTTER AND THE USELESS SOLICITOR

Little change at the City Council Legal Department as keen ‘Bristolian’ reader McNamara replaced by Nevin

Liam Nevin as Malfoy plus Stephen McNamara

Can we at The Bristolian be the first to welcome Bristol City Council’s new boy wonder legal boss LIAM ‘MALFOY’ NEVIN to town?

The spooky fresh-faced former public schoolboy recently jumped ship as Town Clerk in Stratford-upon-Avon to take over from our old friend STEPHEN ‘LYCRA’ MCNAMARA, after the sweaty-crotched baldy-head took early retirement to spend more time with his cycling accessories and Bristol Rovers plaque of honour for his outstanding contribution to local stadium planning in the south of the city.

It will be a hard act to follow, even though McNamara’s ‘retirement’ takes him only 500 yards from his old office to a cushy CONsultancy at the gated complex of glossy law firm Veale Wasbrough Vizards – best known for representing Catholic private school St Benedict’s during a paedo priest scandal.

Following such an IMPRESSIVELY OAFISH predecessor, rosy-cheeked Malfoy really has to pull out all the stops in his drive to demonstrate he can be an even bigger tool of the law, while taking a very interesting approach to managing the huge cuts required in his fiefdom.

In mid-February, on discovering he runs a legal department that can no longer afford, err, lawyers, Malfoy thought it would be a terrific wheeze to send – instead of, y’know, a qualified solicitor or something – one of his secretaries down to the County Court to represent the council at a hearing.

Alas, the judge was less than impressed with this fine example of local authority “efficiency saving” and sent said secretary packing back to Shitty Hall to tell Malfoy that m’lud would hold him in CONTEMPT OF COURT if ever he dispatched an unqualified representative to his court again.

A contempt of court charge – that will definitely save Bristol’s taxpayers lots of money!

Well done, Malfoy. You’re going to be fun to have around aren’t you?