Tel: 07905 147709    Email: nelson@horsesanctuary.org 



ATT: Ken Jones                                                                              Ask for:  Nelson Kruschandl

Chief Constable

Police Headquarters                                                                     FAX REFs.  01273 404263

Malling House                                                                                             &   01273 404229

Church Lane


East Sussex    BN7 2DZ                                                          

                                                                                                                    1 September 2003

Dear Mr Jones




We write to provide information of a suspected offence under the Freedom of Information and other similar Acts designed to protect the right of the public to inspect public documents.


This morning Mr & Mrs Punter telephoned Wealden District Council to advise they wished to inspect the planning file relating to the Bushy Wood Horse Sanctuary.  Later this afternoon an officer of the Council known to us as Clifford Bradshaw advised Mr & Mrs Punter they could not see their file, he then disappeared into the offices to seek assistance from the legal department.  Later still a solicitor for the Council known to us as John West confirmed to Mr & Mrs Punter the Council were deliberately withholding their file. 


These two officers were apprised of the Access to Information Acts, but refused to allow access to public files, hence are complicit and conspired together in the matter.  These same two officers then locked themselves away and refused to speak to Mr & Mrs Punter after a second approach.  It seems clear to us the Wealden officers owed a duty to these ratepayers to produce their files on demand.  We would bring to your attention the precedents set in the following cases:


R. v Dytham 1979 (467 3 WLR) Court of Appeal


Police & law enforcement: A Constable witnessing an assault failed to preserve the peace or protect the victim or arrest assailants was convicted of wilful neglect.  So upheld at appeal: Omitting to take steps to protect the person of the man or to arrest his assailants or otherwise bring them to justice constitutes the crime of failing to carry out a duty of his office.


R. v Bowden 1995 Court of Appeal (98 1 WLR)


Regarding local authority employees - the common law offence of misconduct in public office applies generally to every person who is appointed to discharge a public duty and who receives compensation in whatever form salary, wage, expenses and the like.


 Considering the above, it appears to us the two Wealden officers identified in this matter may be guilty of Willful Neglect or Willful Obstruction or both to include Conspiracy to Pervert the Course of Justice.  Would you therefore please treat this letter as a formal complaint and arrange to take statements from our witnesses and from the two Wealden Council officers concerned, with a view to prosecuting them for failing to carry out the duty imposed by their office or indeed perversion.


Might we also mention we believe this Council is guilty of Culpable Overcharging which matter has been brought to their attention and in all likelihood is the motive behind the extraordinary efforts of these two officers to fail to cooperate with Mr & Mrs Punter with such a simple request.   Where overcharging is concerned, the evidence is concrete, in as much as this Council billed Mr & Mrs Punter for lifting concrete at the Bushy Wood Stables but actually failed to lift the concrete. 


Though itemised works were not carried out to the land, this did not stop this Council from applying a caution to the land to impede a pending sale, based on charges; including the lifting of concrete.  Indeed, we understand an officer of this Council contacted an estate agent to put the agent off handling any potential sale pointing out the Council had a caution on the land.  Whoever the officer was in this case, he or she may be guilty of a Malicious Falsehood or Harrassment.  However, we would ask you to concentrate your investigation on the perceived Wilful Obstruction at this time, where we have witnesses to the event.


We look forward to hearing from you as to progress in the matter and if we can offer any assistance, please do not hesitate to contact us.


Yours sincerely







Horse Sanctuary UK Ltd INFORMANT


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