STATUTORY DECLARATION APRIL 1997
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I Nelson J Kruschandl, of Oakwood, Lime Park Herstmonceux in the County of East Sussex, do solemnly and sincerely declare as follows :-
That I filed a
planning application on the 10th August 1995 with Wealden
During the determination of the application Mr J D Moss signed an
Agreement of Copyright Ownership under which I allowed him to take
photographs strictly for use in determining that application.
The Agreement was dated the 14th September 1995
(14-9-95) and was co-signed by Mr R Thornley.
Under the terms of the Agreement Mr Moss was to return all of the
photographic material within 14 days.
I wrote to Mr Moss on the 24th October 1995 giving
Notice to return all of the photographic material.
Mr Moss replied by letter on the 26th October 1995.
In this letter he stated that he enclosed all of the photographic
material secured on the site visit of the 14th September 1995
and that he posted the letter, photographs and negatives by first class
recorded delivery to secure compliance with the terms of the Copyright
A visit was paid to the Oakwood site under warrant by David
Phillips and others on the 22nd February 1996.
Mr Phillips and others took photographs during this visit.
Mr Phillips is the Chief Enforcement Officer at Wealden District
Council. Mr Moss is a
senior Planning Officer.
Later on the 29th April 1996 Mr Phillips swore an
Affidavit on oath concerning the visit in February 1996.
In this Affidavit Mr Phillips included photographs as Exhibits
DLP2. Mr Phillips asserts that the photographs were taken on his
site visit of 22nd February 1996.
Two of the photographs in the Exhibit marked DLP2 are
identical to and were actually taken on the site visit by Mr Moss in
September 1995, some five months earlier.
It is my considered opinion that Mr Phillips used these photographs in
an attempt to distort the evidence and to obtain a committal sentence
for contempt of court.
At the very least Mr Phillips perjured himself by saying that the
photographs were taken on his site visit.
I am disturbed that a high ranking Wealden council official should twist
the evidence in this way. Had
Mr Phillips been successful I could have been deprived of my liberty.
I am now at the stage where I cannot trust the local authority.
Quite simply, these photographs should not have been in the
possession of any person at Wealden District Council after Mr Moss
claimed he had returned them.
At least two officers in the local authority have been caught red
handed. I have additional
evidence concerning the legal services department where Mrs Christine
Nuttall supplied evidence to the High Court under oath on the 12th
June 1995, which is provably incorrect.
Mrs Nuttalls evidence left out buildings known to be on the site.
The evidence submitted to the Court by way of a plan was put
together with misleading reference numbers suggesting that an
enforcement notice covered more area than it actually did.
On that occasion the actual enforcement notice was also smudged
so as to appear to cover a larger area and to match the later enlarged
No explanation was given to the Judge (Justice Previte) concerning
lawful developments which may have occurred and it was asked of Justice
Previte to expand Injunctive relief over and above that area of the
enforcement notice on the grounds that it would not prejudice my case. In fact that decision deprived me of a home and forced me to
purchase a caravan for my accommodation - which in my view has
materially prejudiced my case.
technicalities were placed in my path to appeal by seeking a final
Order. This tactic
effectively prevents everyone but the very rich ever gaining justice in
the Courts of the land.
All of the above leads me to suspect that Wealden District Council
regularly alter of omit evidence as it suits their case.
Whereas, I believe that a local authority owes a duty of care
to committee members and the general public, to produce a full and
complete picture in all matters planning or otherwise so as to obtain a
I am also of the opinion that if a council officer has been found guilty
of altering or in any way shaping evidence so as to influence the
outcome of a case, then that or those officers should be barred
henceforth from acting in such position of power or seeking similar
positions of power elsewhere.
make this Solemn Declaration conscientiously believing the same to be
true and by virtue of the provisions of the statutory Declarations Act
1835 and I attach copies of the correspondence cited as exhibits.
by the above named
in the County of
East Sussex this .. day of April 1997
Solicitor or Commissioner of Oaths
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