Unlawful payments - payback time?


The Wales Audit Office have confirmed that they will be reviewing any exit package agreed for the chief executive prior to his retirement in June.

That was the response I had when I asked the WAO if they would be instructing Mr James to repay the unlawful libel indemnity and the tax avoidance pension cash.

Whatever agreement is made with Mr James, whether it's a straightforward pension or something more, these illegal payments should be returned to the council. The WAO insisted on a similar instruction when the former chief executive Bryn Parry Jones left Pembrokeshire in 2014. The WAO sent me a link to the details.

I have also asked Jonathan Edwards MP and Adam Price AM to detail the steps they will be taking to ensure Mr James accepts liability and repays the cash before he retires.

I mentioned to them that in 2014 Mr Edwards was in the press stating that Mr James should be instructed to repay the money, and, presumably nothing has changed...? Well, apart from their colleague at the council, Emlyn Dole, now a loyal disciple of Mr James, and, remarkably, trying to reinstate the illegal clauses and also enable councillors to unawfully sue with public money.
Anyway, I emailed them on 3rd February but I've yet to receive a response. When I do, I'll post it here.

The illegal cash directly pocketed by Mr James is detailed in the two public interest reports and amounts to around £60,000, but is the tip of an iceberg. The council were charged £51,000 for the two reports, they spent £30,000 on a QC to defend him, and incalculable hours of officer time, meetings and external legal advice. This doesn't include his misuse of council facilities and resources to pursue his personal agenda and failed complaints to the police.

The scandals were indefensible, I'll not repeat it all again here, but in my view it was theft, and he should not be allowed to get away with it. A more junior employee certainly wouldn't have.
As for the illegal libel indemnity we now know that on top of the WAO's findings, he also made false statements to extort the cash.

Mr James once said to me (in writing) that he would use "all legal means possible" to get his 'damages' from me. Well, he's certainly tried. I'd like to say the same about his ill-gotten gains, or proceeds of crime, being returned to the council, but unfortunately I don't have an unlimited pot of taxpayers cash and the free use of a publicly funded legal department, complete with a complicit head of department, at my disposal to do so.

I'll certainly try though, retired or not, and so should those who have the clout, and the bottle, to force the issue.

* * *

My second query to the Wales Audit Office was a request for the detailed remit of the investigation they are carrying out into the Council's decision making relating to the Wellness Village.

This was refused on the grounds that disclosure of documents could interfere with the work of the Auditor General. For instance, the council would become even more reluctant to hand over information, and also that "political and media" interest could effect the impartiality of the process and 'weaken the mechanisms by which local authorities are held to account'.

So, we'll have to wait and see the final report.

As I have already mentioned, the use of the chief executive's own personal solicitors, Acuity Legal to carry out the council's own 'review' is not, for reasons which are obvious, worth the paper it's expensively written on. 

Incidentally, the WAO's detailed response did not suggest for one moment that they had been 'invited' by the council to carry out the review, as claimed by the chief executive to all 74 councillors.

As I have reported here and here, the net is closing in, and there are now two police forces investigating the latest scandals involving Mark James CBE.


Please use the searchbox on the right for background to the two issues discussed in this post


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