Friday 7 February 2014

STANDARDS COMMITTEE/PRESTON PARISH COUNCIL POST 3.

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POSTED BY KENNETH LYONS, A RESIDENT OF PRESTON

POST 3. WITNESS STATEMENTS.

Some councillors gave witness statements including Councillor’s Elizabeth Whatling, Janet Weatherill, Adrian Bullock, Mandy Masters and Keith Gilby. I will later refer to these as Group A Statements.

The statements included;

Cllr. Elizabeth Whatling,

A recollection that Councillor Bell and Mr. Lyons were both angry and had a heated exchange.”

Statements from the Council Chairman Janet Weatherill and Vice Chairman [at the time] Adrian Bullock included;

A recollection of Councillor Bell behaving in an aggressive manner towards a member of the public which went beyond the normal boundaries of behaviour one would expect in a meeting and of a councillor.”

And;

“One recollection that councillor Bell reacted in a sarcastic manner towards the complainant”.

Councillor Keith Gilby, who was sat directly next to both Cllrs. Bell and Fortnum and myself but a member of the public at the time, witnessed the whole incident from approximately 1m away. Cllr. Gilby was kind enough to give me a copy of his statement provided by him to Mr. Buckley, Monitoring Officer, East Riding County Council.

I must point out that Cllr. Gilby gave me the copy of his statement for my personal records and not for publishing, I, Kenneth Lyons am solely responsible for it being published here, he wrote,

“Mr. Lyons was directing his comments in a measured way quite properly to the Chair of Preston Parish Council. I cannot remember the detail of what he was talking about but I do remember that without provocation Councillor Bell turned to face Mr. Ken Lyons. His demeanor was very angry, aggressive and red faced and he commenced an abusive and threatening personal attack on Mr. Lyons accusing him of being a liar and the cause of the Clerk’s stroke.

Mr. Lyons quite understandably responded to defend himself and the exchange continued for a short while. I recall Councillor Pam Fortnum placing a restraining arm on councillor Geoff Bell and saying something to the effect ‘its not worth it Geoff’. Having vented his anger, councillor Bell eventually sat down and more normal behaviour was observed. I believe that people who witnessed this were quite shocked and unbelieving that a councillor would behave in such a way.

In my view this completely unprovoked attack by an elected representative on a member of the public is unacceptable. Such behaviour must be addressed and dealt with such that the public can have confidence that when they challenge the council, they will not be met with such aggression and abuse.

Group A witness statements [Weatherill, Bullock, Whatling, Gilby and Masters] conclude;

1.              Councillor Bell turned in his seat to face me;

2.              Councillor Bell behaved in an aggressive manner towards a member of the public;

3.              Cllr Bell’s attack was entirely unprovoked;

4.              Cllr. Bell was red faced, aggressive and threatening;

5.              There was a heated and angry discussion between councillor Bell and Mr. Lyons;

6.              Cllr. Fortnum eventually calmed Cllr. Bell down and said to him “Its not worth it Geoff”.

This is I believe a question of councillor honesty, and therefore no statements by members of the public are represented here. Where such statements exist [two other than my own that I am aware of] and, according to the Investigating officer, they all fully confirm the details as included in my original statement of complaint.

Following the Standards Committee’s findings I understand that at least three councillors [Mandy Masters, Adrian Bullock and Keith Gilby] submitted letters to Mr. Mathew Buckley [Monitoring Officer for East Riding Council] protesting at the flawed outcome. I am not in possession of the statements given by Councillor’s Bullock or Masters but both parties assure me their statements were submitted and that they confirmed the version of events contained in my original account of the incident.

AN ALTERNATIVE ACCOUNT.

We do have a different version of events submitted by Cllrs. Bell, Fortnum, Mendham and Fenwick.

East Riding identified one other statement from Councillor Julian Clappison who indicated that he “did not wish to comment”.

East Riding Council identified Pam Fortnum as being ‘the main witness referred to by Mr. Lyons and sitting next to Cllr. Bell.”

In Cllr Fortnum’s statement she wrote;

Councillor Bell comes across as a forceful character but not his true nature, Mr. Lyons made a statement and Mr. Bell replied but no impression of aggression and no indication of this from his body language, he did not turn to face Mr. Lyons and spoke to him over his shoulder”.

With regard to calming Cllr. Bell down Pam Fortnum wrote;

At no time did Mr. Bell in his body language show any aggression, he was sat with his back to Mr. Lyons and spoke over his shoulder, he did not turn round fully to face Mr. Lyons.”

In Cllr. Bell’s witness statement he wrote;

“I did not threaten Mr. Lyons and did not turn around to face him at all.”

Cllrs. Barbara Mendham and Mike Fenwick also submitted witness statements on almost identical lines as Bell and Fortnum. Their statements included;

A recollection of Cllr. Bell responding to aggressive comments from Mr. Lyons, no indication of Cllr. Bell threatening any sort of violence, either in the form of physical or verbal threat.”

And;

A recollection that Councillor Bell had his back to Mr. Lyons and Mr. Lyons made a derogatory comment.”

My initial reaction was to give these two councillors the benefit of the doubt because they were furthest away from the incident and could have misinterpreted what they saw and heard. Looking at the statements later I realised they had exactly the same incorrect events in their statements as Cllrs. Bell and Fortnum, I find that difficult to accept as mere co-incidence given their positions and level of involvement at the time of the incident.

Group B witness statements, [Bell, Fortnum, Mendham and Fenwick] conclude;

1.              Mr. Lyons was the aggressor;

2.              Mr. Lyons made aggressive/derogatory remarks to Cllr. Bell;

3.              Cllr. Bell displayed no aggression at all;

4.              Cllr. Bell had his back to Mr. Lyons and didn’t turn to face him at all;

5.              Cllr. Fortnum specifically denies calming Cllr Bell.

It is in my carefully formed opinion that in effect, Group B statements have crudely swopped roles between Cllr. Bell and Mr. Lyons. It is entirely accurate to say no other known witness recalls any of the events included in any of the Group B statements.

According to the Investigating Officer there are no statements from members of the public which support any element contained in any of the Group B statements.

Conclusion.

It is agreed by both groups that an incident took place at the Council meeting identified. It is also agreed that the main two participants were Cllr. Geoff Bell and Mr. Lyons and closely followed by Cllr. Pam Fortnum who I identified in my original complaint as being in my view the main witness to the incident.

It is in my opinion impossible for both groups of statements to be accurate and truthful because they are mutually exclusive.

POST 4.

A CLOSER LOOK AT THE STATEMENTS AND CONCLUSION, will be posted in the next couple of days.

If there are any residents with similar experience of the council do please contact us by comment or email. If you wish we will post on your experience without your identity being released, or not post anything if you simply want to share your experience it’s entirely up to you. We would love to hear your story, your not alone, there are a number of us, let us compare notes and grow as a group.

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