VICTORIO (VIC) PATRICK SCARPA
Victorio Scarpa and Nelson Kruschandl, battled it out during several appeals, with Kruschandl victorious in his first case as an advocate (Bushy Wood animal sanctuary) and his second case as a consultant (Twissells Mill). The final nail in Vics coffin was the revelation by English Heritage and the County Archaeologist, that Wealden's evidence during an appeal in 1986/7 was negligent to the extent of being fraudulent. Kruschandl had no legal training. As an engineer, he did not study law, nor attend law school. By contrast Scarpa was a time served solicitor of many years. He still lost these cases - because this council were not telling the truth and were pursuing policies that today would land them in the Human Rights Court. Kruschandl headed off threatened enforcement in other cases without the need for appeal, etc. It is hardly wonder then that WDC were keen to see this particular thorn in their sides "taken care of." Mainly because they could no longer fudge their way to a conclusion they were pursuing in a fair fight. And that was because Kruschandl had learned just how devious and in his opinion, dishonest, these council officers had become.
Vic Scarpa was one of the solicitors working for the Wealden District Council at the time of the demolition of the Bushy Wood animal sanctuary buildings and the fraudulent presentations to Committee members that resulted in enforcement against the Old Steam House monument, now Herstmonceux Museum.
Other officers of this council were also party to the deception over a prolonged period of time, designed to deprive the occupier of the buildings a beneficial use in 1986, with the unlawful suggestion that that buildings would be better in the ownership of neighbors in Lime Park.
Many of you will know that such discrimination is unlawful, according to the European Convention of Human Rights, and of course our own Human Rights Act 1998. Sadly, Wealden District Council ignored European law, and only modified their behaviour to try to get away from past unlawfulness, in 2000, when the HRA 98 was enacted in the UK/
Other officers of this council were also party to the deception over a prolonged period of time, designed to deprive the occupier of the buildings a beneficial use in 1986, with the unlawful suggestion that that buildings would be better in the ownership of neighbors in Lime Park. This was recorded and transcribed from an Area South Committee planning meeting. A copy of the recording was sent to every member of the Committee, but they did nothing - because they were told what to say and do by the officers. The same officers who has deceived planning inspectors and judges for many years - which is of course perverting the course of justice.
The suggestion that property should be in the hands of another person is not only unlawful discrimination in HR terms under Article 14, but it is akin to procurement by this corrupt council acting as an agent for neighbors who may have expressed an interest in acquisition, presumably provided that the price was well below market value.
Many of you will know that unlawful discrimination becomes criminal malfeasance. Wealden District Council routinely ignore European law, and only modified their behaviour to try to get away from past unlawfulness, in 2000, when the HRA 98 was enacted in the UK. They have since gone back to their old ways. Fraud is not only doing something, but failing to do something; such as forgetting to consult English Heritage.
"It was an easy mistake to make guvnor. It just slipped my mind."
"Not once, but several times?"
"Yeh, well, I've got a terrible memory."
"When you're paid to forget?"
"I can't recall honest."
Another ploy used by councils is to swap staff around, to distance themselves from their past misdeeds and prolong employment that is wholly inappropriate. "Oh he's no longer in that department."
We will bring you more on this unresolved saga in the coming months.
Christine Nuttall & David Phillips
CERTIFICATE OF LAWFUL DEVELOPMENT
Vic Scarpa was the solicitor representing Wealden District Council in the matter of applications for a lawful development certificate for commercial use between 1997 and 2000. These were in respect of appeals to the Secretary of State, reference numbers: APP/X/98/C1435/002904 and APP/C1435/X/99/003209.
During these appeals Vic Scarpa alluded to certain ventures involving the appellant and Don Wales, as not being of a commercial nature. We note that these applications coincide with the dates of litigation between Mr Wales and Mr Kruschandl, and that such litigation was mentioned in the proceedings. It did not escape Mr Kruschandl's attention that Mr Wales would make remarks as to immediate matters at hearings in the London Patent Court, that he should not have knowledge of, suggesting that there was a rapport between this Council (its members or officers) and either, Mr Wales, or his legal team. We wonder if any such interest was ever declared by any member or officer?
At the moment the Sussex Police appear to have granted their chums at Wealden immunity from prosecution. The law is though clear, where an instrument was obtained by deception some time ago and limitations may have applied, if that instrument is being used today, then the method by which the instrument was obtained may be the subject of a criminal investigation under the provisions of the Fraud Act 2006.
Chris Arnold is the latest Wealden officer to come under suspicion in terms of malicious prosecution and misfeasance in public office. Sussex Police are once again invited to investigate - and no doubt will do their level best to do nothing at all - which potentially makes them party to the crime. It is a criminal offence to know of a possible crime, but not to investigate it.
FRAUD ACT 2006
Section 4 - Fraud by abuse of position [such as a planning officer]
(1) A person is in breach of this section if he —
dishonestly abuses that position, and
intends, by means of the abuse of that position—
to make a gain for himself or another, or
to cause loss to another or to expose another to a risk of loss.
(2)A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.
COMMENT - In relation to David Phillip's suggestion that The Old Steam House would be better in the possession of another property owner in Lime Park, you can see from the above that he breached Sections (1) (a) and (1) (c) (i) and (ii). In that this Council then sought to obtain possession with a Statutory Demand, such as to be in a position to effect a transfer of land, that reinforces the allegation that all of those officers of this Council involved, conspired to that effect.
WDC Autumn 2010 STAFFING UPDATE (MUSICAL CHAIRS)
Can we find photographs of these officers on the web? Can we buggery. Any person who is afraid to publish their photograph on the internet for fear of recognition, is to our mind hiding a whole lot.
Vicarage Lane, Hailsham,
East Sussex, BN27 2AX T: 01323 443322
Sexual cannibalism in humans is commonplace where the (UK) state still pays bunny-boilers to fabricate allegations - despite the untenable ratio of false allegations. This is called Noble Cause Corruption, so named because the cause (more convictions of rapists and perverts) is noble, but the means (convicting significant numbers of innocent men) is corrupt. A decent justice system is one where convictions are safe; where an appeal is guaranteed and where the court system does not refuse appellants the evidence for their barristers to perfect grounds of appeal. Unlike most European countries, the right of appeal in the UK in not mandatory and the discretionary single judge paper system is open to startling abuses. This book is based on a real case study, that reveals the fatal flaws in the English justice system. No man in England is safe until these issues are dealt with - it could happen to anyone.
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