26 Apr 2010

May 1991 District Council Election Injunction

Another 2005 file in need of redrafting!

In May 1991 there was a district council election.

During the election,
Tim Wilmot displayed a large sign in Callington
alleging that election candidate GERALD PENGELLY
had committed 'serious planning offences'
connected with his application.

CDC obtained an injunction
under The Representation of The People Act,
on the basis that Tim Wilmot was making
'false statement about the character and integrity
of an election candidate'.

Mr Tolley ( solicitor to CDC ) arrived with the injunction,
looking very smug, and handed it to Tim Wilmot.

Tim Wilmot read it carefully from start to end twice,
then Tim Wilmot removed the vowell letters from GERALD PENGELLY,
saying "I have just satisfied your injunction. Good day!"

Tolley's mouth dropped wide open.

No further attempt was made by CDC to stop display of the sign.


This is important
because obtaining an injunction is a serious business
in which a complainant must swear
to the truth of the actions complained of.

Once a person has been served with the injunction,
if that person continues in the action complained of,
the complainant can get him put in prison.


Unfortunately for CDC,
their affidavits contained easily proveable lies.


To CDC's horror,
they had given Tim Wilmot a free route into court,
as he had stated that he was going to counterclaim.

First they tried to intimidate him into not counterclaiming.

Then they invited Tim Wilmot to a meeting
four days before the hearing
where Tim Wilmot would ask for consent to lodge a counterclaim.


The County Councillor, Roger Screech,
came with Tim Wilmot as a witness
as he was fully convinced that CDC were in the wrong.

On arrival at the council offices,
Tim Wilmot was asked by the Chief Executive, David Newell
to go alone with him.

Turning into a room, Tim Wilmot was confronted
with no less than SEVEN armed police officers.

Tim Wilmot was searched.

As CDC were on the defensive,
and Tim Wilmot was heading towards a court
( as he wrongly thought ),
what possible motive could he have for having any sort of weapon?

On the other hand,
what better way to 'persuade' a subject to withdraw his allegations,
and become amenable to authority,
than to deploy armed officers?

In fact, the moment Tim Wilmot smelt gun oil,
he knew he had them by the balls.

Tim Wilmot may add that County Councillor Screech was furious.


After searching,
Tim Wilmot was taken
to solicitor Tolley, planner Hartridge,
and County Councillor Screech.

Hartridge was on top of the world,
rabbiting on about Tim Wilmot's planning problem.

Then he said something which caused Tolley's jaw to drop open,
and which was noticed by Screech.

Hartridge said:-
"When I spoke at the [ Planning Committee ] Meeting,
I did not intentionally mean to misrepresent you!"


This is of interest because during the earlier part of the cover-up,
it was the official position
that Hartridge never spoke upon my application,
and therefore could not have misrepresented Tim Wilmot.


Here was Hartridge admitting speaking,
and claiming that any misrepresentation was not deliberate.


No doubt Tim Wilmot was supposed to be beaten down by police,
and willing to forget the falsification of council minutes,
in order to advance his planning application.

Instead, Tim Wilmot said
"OK! You may have misepresented me by mistake,
but who falsified the planning committee minutes?"

Hartridge's joviality vanished instantly.


While nothing was achieved by the meeting,
vital information had been given by Hartridge,
and Tolley was willing to lie to limit the damage.


Tolley produced a FILE NOTE covering the meeting,
which both Screech and Tim Wilmot received.

Both of them immediately noticed
that Tolley had altered Hartridge's statement
from "when I spoke at the meeting"
to "IF I spoke".

The 'IF' was in capitals, and underlined.


County Councillor Screech went so far
as to formally write to Tolley
stating that 'IF' was not said at the meeting.

This is an important demonstration of TOLLEY's lies.

It is also one of many, many points that Detective Inspector DRAPER -
author of the 1992 Police Report to the CPS -
totally failed to act upon in his report.

After all, people do not lie without good reason.

And Tolley was definitely lying,
and was caught redhanded.


When an injunction is served,
the parties must later attend a Hearing
where costs and so on are sorted out.

At the Hearing, CDC unreservedly WITHDREW their injunction.

The District Judge said he was
"less than happy with the way in which it was done!",
which is a pretty severe rebuke for a lawyer.


Tim Wilmot filed five extremely serious charges,
which included by name not only PENGELLY,
but also chief executive NEWELL, solicitor TOLLEY,
and planner Hartridge.

Tim Wilmot's mistake was to ask for mere £1 in damages
( they paid it to avoid answering the charges ).


At this stage Tim Wilmot phoned Caradon's Chairman, Eric Distin.

So concerned was Mr Distin,
he dropped whatever he was doing,
and drove 20 miles from his Plymouth to his Callington office,
to meet Tim Wilmot.

The Vice-Chairman, St-Paer-Gotch was also there at short notice.

Bear in mind that this is for allegations
that Caradon District Council say are untrue!

Having heard what Tim Wilmot had to say,
Eric Distin set up an independent solicitor, Vivian Carne,
to look at the planning file, and give his recommendation.

Read how Mr Carne backed Tim Wilmot fully,
and how his recommendation was rejected
by Caradon's Emergency Committee,
a 'secret' committee that was unheard of
until Tim Wilmot discovered its existence..

An Emergency Committee made up of the very same officers
Tim Wilmot had accused of serious criminal offences,
and which keeps no minutes.

Read how Caradon's solicitor refers to this
when he says in his Police witness statement:-

"34.1. I have continued to collate these matters
but with the exception of a meeting
between the Chief Executive, Mr Hartridge,
the Chairman of the Council and myself
held in October/November time of 1991
geared towards exploring the possibility
of opening any new dialogue with Mr WILMOT,
nothing more was pursued
as our view was that we had done all that could be done
and progress was not being made.

34.2 No realistic solution was forthcoming."

By any standard of honesty,
"No realistic solution was forthcoming!"
has to be extremely 'economical with the truth.

Which makes it clear
that it was unthinkable for Caradon to admit the truth -
and that Tim Wilmot was deliberately robbed of the benefit
of a unaminous democratic vote
by Caradon District Council's Planning Committee
supporting his concept for a garden centre
on 7 acres of land at Callington,
leading directly to his total ruin and discredit
as a result of a criminal conspiracy cover-up.

For Mr Carne's recommendation was clear and simple -
restore Tim Wilmot to what the Planning Committee decided
before the internal manipulation of the planning process began.

That would have set Hartridge's
internal manipulation of the planning process at naught,
and obliged him
to properly convey the Planning Committee's decision to Tim Wilmot
( the very last thing he ever intended ).

Of course, as Caradon's carefully constructed cover-up
would have been utterly wrecked,
and as they were fully aware of my keen interest
in the falsified minutes,
and as Caradon possessed the 'missing' minute notes book,
it is hardly surprising
that such dishonest people took the view
that "no realistic solution was forthcoming"!

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