Ex-Derby councillor jailed for election offence that could cost taxpayers £30,000

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Ex-Derby councillor jailed for election offence that could cost taxpayers £30,000

Lorraine Moss
Ex-Derby councillor jailed for election offence that could cost taxpayers £30,000
By ICrowsonDT  |  Posted: August 23, 2016

   
   4 COMMENTS   54 SHARES
image: http://www.derbytelegraph.co.uk/images/localworld/ugc-images/276250/Article/images/29645809/15293575-large.jpg

Former city councillor Richard Smalley
Former city councillor Richard Smalley
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Former Derby city councillor Richard Smalley was today jailed for two months after pleading guilty to an election offence.

Smalley pleaded guilty to providing a false address when he was elected as a Derby city councillor for Allestree in May. He stood down 10 days after his victory.

charged with providing false information to the election returning officer under section 13d of the Representation of the People Act 1983.

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Under election law, you cannot become a councillor for an authority if you live outside its boundary. Borrowash is in the borough of Erewash and not in Derby city.

The court heard Smalley claimed he was living in Allestree when he stood in May's city council elections. Prosecution barrister Fiona Morrison told the court that Smalley had also voted in the ward under the false address.

image: http://www.derbytelegraph.co.uk/images/localworld/ugc-images/276250/binaries/RichardSmalley213.jpg


Richard Smalley has pleaded guilty to an election offence
Smalley entered the Allestree address at the election and that was accepted by the council. She said Smalley told a friend that he wanted to stand and asked if he could use his address.

After the election he was interviewed by the council and admitted what he had done. Mrs Morrison told the court Smalley said it was a safe Conservative seat and whoever stood in Allestree would win.


Read more at http://www.derbytelegraph.co.uk/ex-derby-councillor-jailed-for-election-offence-that-could-cost-taxpayers-30-000/story-29645809-detail/story.html#oPplRQ5xaMfAP4Er.99

He had given his address as Coppice End Road, Allestree, when it was and remains Manor Road, Borrowash.

Smalley appeared at Derby and South Derby Magistrates' Court this morning and the court was told a by-election for the seat could cost taxpayers around £30,000. The 49-year-old was

She added: "This is going to trigger a by-election and significant cost to the taxpayer." She said estimated costs were £30,000 based on printing and staffing.

Andrew Oldroyd, defence barrister for Smalley, said his client was a company director for a scrap metal firm and had been for 20 years. He said he was "under an enormous amount of financial pressure" after his wife left her job as a teacher in 2013.

He said: "It all got on top of him. He had a huge mortgage and was suffering from stress and anxiety."

Mr Oldroyd said Smalley felt "seduced and flattered" when he became more involved in local politics before the election and he canvassed in the 2015 general election. At the May election night, Smalley started to feel "uneasy" and was "aware of rumours on Facebook that he had been rumbled".

Judge Taffe said it was "an attack on the fundamental principles of the political system". He said: "This was a calculated and deliberate decision. When he decided to return to contest Allestree he knew he did not meet the legal requirement."

Smalley will be released at the half way stage of his sentence.


“Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth.”
― William Faulkner--
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Re: Ex-Derby councillor jailed for election offence that could cost taxpayers £30,000

Lorraine Moss
HE SHOULD HAVE STOOD IN HAVERING

From The Romford Recorder

Havering councillor Damian White claims his election was valid amid investigation
18:00 18 October 2012 Ramzy Alwakeel Cllr Damian White
Cllr Damian White
A top Havering councillor’s election was the subject of a police investigation over an allegation of deception, according to an internal council report due to be considered tonight behind closed doors, but seen by the Recorder.

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The police investigation concluded that no crime had been committed.

However, Havering Council has also conducted its own investigation into claims Cllr Damian White was not resident in the borough when he ran for election.

Cllr White says his election was completely valid and that the allegations are “without substance”.

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A report from the council’s audit department in February concluded that Cllr White “was not normally resident” at the Romford address given on his election papers at the time he stood for election.

Cllr White, who chairs Havering’s towns and communities overview and scrutiny committee and sits on three other council groups, was elected in May 2010 to the Hylands ward.

Cllr White stood in Hylands on the basis that he was registered in Havering as an elector, which the council’s legal department confirmed as being the case.

This registration would have required that Cllr White be resident in Havering when the electoral roll was compiled, a point made in the council’s most recent report.

His residence on the day he submitted his election papers in 2010 has been the subject of two investigations by the council, the second of which is due to conclude tonight.

“Two reports by two of the most senior legal officers of Havering Council have established that I was legally eligible to stand,” Cllr White said this week.

“I stood for council on the basis I was on the electoral register in Havering. I fulfilled that requirement.”

On Thursday evening, Havering Council’s adjudication and review committee (standards hearings panel) was due to meet to consider the report from its legal department into whether Cllr White had breached the members’ code of conduct.

But because Cllr White was not an elected official at the time he ran for office, the legal officer in charge of this week’s report recommends he can’t be guilty of breaching the code – even though the February 2012 investigation states at one point that “the available evidence” indicates that “false statements” were made about Cllr White’s residence

The legal office’s report describes some of the evidence from the February investigation as “circumstantial”.

Cllr White told the Recorder: “My election was completely valid – I was entitled to stand. If [the panel] does decide no breach has occurred, all the allegations are without substance.”

Pick up tomorrow’s paper to read more.
“Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth.”
― William Faulkner--
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Re: Ex-Derby councillor jailed for election offence that could cost taxpayers £30,000

bellend
is this what the then leader meant when he said havering was hideously white?
If we learn from our mistakes, why aint I a genius, If you educate the masses where's the advantage for the few?

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Re: Ex-Derby councillor jailed for election offence that could cost taxpayers £30,000

Percy
Does that mean the Dame has broken the law as well.?
Revolutions are always verbose.
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Re: Ex-Derby councillor jailed for election offence that could cost taxpayers £30,000

bellend
the law is different with MPs..... I think.
If we learn from our mistakes, why aint I a genius, If you educate the masses where's the advantage for the few?

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Re: Ex-Derby councillor jailed for election offence that could cost taxpayers £30,000

Lorraine Moss
In reply to this post by bellend
Hi Bellend, do you remember this incident ? http://www.essexlive.news/neighbours-rottweilers-killed-children-s-rabbits/story-13243875-detail/story.html.

If I remember rightly the man featured in this article who was a neighbor of Damian White actually posted on the old site.  He told us that he had received letters for Cllr Damian White at the address in Chelmsford that had been put through his door by mistake !

It is also rather interesting that MP Andrew Rosindell has been speaking out about reforming the Dangerous Dog Act.  Perhaps he can seek some advice from his Caseworker and Deputy Leader of the council, Damian White !
“Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth.”
― William Faulkner--
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Re: Ex-Derby councillor jailed for election offence that could cost taxpayers £30,000

bellend
yes I do.
If we learn from our mistakes, why aint I a genius, If you educate the masses where's the advantage for the few?

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Re: Ex-Derby councillor jailed for election offence that could cost taxpayers £30,000

Mr. Angry....
Administrator
At the time of the 2010 local election Damien White was living in Rettendon at his mother's house and for electoral purposes he was using his grandfather's address in Rise park Romford......

The next door neighbour of White's mother contacted this site and showed us letters to Damien White from Andrew Rosindell that the postman mistakenly put through his door......

Rosindell had written the letters to White giving Whites address as Chalk Street, Rettendon, Essex.
Havering's angriest person...