Public Service and Local Government




OMBUDSMAN WATCHERS RESOURCE CENTRE

An Account of my Anti Social Behaviour trial. (Updated in May 2009)

By James Murray

Currently being threatened with imprisonment by ACIS for insisting on his right to the quiet enjoyment of his home.
I am a 75 year old ex-service pensioner with a lifetime's unblemished service - civil, diplomatic and military - to this country.

I have lived in Tealby, Lincolnshire, for the last three decades. I moved about ten years ago from a 19th century cottage to an ex-council house on which I lavished a fortune. I moved to be near my friends of more than 30 years - the husband is blind and formerly lectured in a Northern university before retiring here. I support him and his wife where I can. They own the land adjoining the council houses now in the ownership of a morally corrupt housing association : ACIS Group of Gainsborough, Lincolnshire.

For upwards of five years I was the victim of severe anti-social behaviour from ACIS tenants so bad that on many occasions my home became untenable and had to be temporarily abandoned.

I complained to ACIS but did not confront the neighbours who are dangerous and volatile. My persistence and determination produced no other result than an escalation of the anti-social behaviour which was now clearly deliberate and provocative. The nuisance was never abated and it took more than two years before we were visited by an ACIS official, who refused even to inspect the problem.

The stress caused me to suffer a near-fatal stroke in October 2007.

ACIS seeks respectability and credibility by claiming to work with "other agencies". These are West Lindsey District Council and Lincolnshire Police who are by association equally as culpable as ACIS. We have here an unholy trinity.

ACIS 'commissioned' West Lindsey District Council ASBO unit [consisting of a very unpleasant WPC named appropriately Parker and an equally disagreeable, self-important and untruthful anti-social behaviour "specialist" named Hannah Raven] to obtain "evidence" of my alleged anti-social behaviour. I was put under covert surveillance by these two who were coercing ACIS tenants into providing false witness statements as "evidence" of my alleged anti-social behaviour. This only came to light when we discovered an allegedly "broken down" surveillance vehicle which had been left foolishly parked for upwards of six days exactly outside a drive which I and friends use constantly. This was in a most dangerous position on the wrong side of the road on an almost right-angled bend facing oncoming traffic in a narrow country lane. No explanation has so far been forthcoming.

The ASB "Team" knew, therefore, when my home was vacant and are believed to have illicitly gained entry. A paper war with West Lindsey District Council and Lincolnshire Police is being conducted over this but meets nothing but persistent delay, evasion and obfuscation. West Lindsey District Council claims that its "complaints procedures" have been exhausted and Lincolnshire Police simply will not reply.

Complaints regarding this have been made to the Independent Police Complaints Commission but have got nowhere.

On the 2nd. August 2008 I received a sheaf of false "witness statements" (as thick as a telephone book) made by ACIS tenants and other persons unknown to me supporting a hearing for an injunction for anti-social behaviour to be heard against me at Lincoln County Court on 6th August. I had little time to find legal representation, but at the last minute managed to engage a young solicitor. The result was that in order avoid a formal ASBO I was obliged under duress and at very considerable expense to give certain "undertakings" which actually amount to an ASBO, breach of which will make me liable to arrest and imprisonment. I have always indicated that I will keep to these "undertakings" with meticulous care as I believe ACIS will try to accuse me falsely of breach and hence silence me by imprisonment.

I am now virtually a prisoner in my own home fearing that, as these evil people are dishonest and unscrupulous enough to do this, they will not hesitate to accuse me falsely of breach. Therefore, I go out only in a car, or where possible accompanied by a witness, but fear imminent arrest. My movements, inside and outside my home, can be accounted for to the second. This is Britain in 2008!

The "undertakings" refer to things which I have never done, nor would ever do, but one badly drafted clause purports to have the effect of a gagging order. It reads, "Not to publish any comment r (sic) remark in the public forum that has the sole purpose of unfairly damaging the Claimant's reputation or is factually untrue, misleading or inaccurate".

This account does not breach this attempted gag. Its sole purpose is to bring out the truth of the misdeeds of West Lindsey District Council and Lincolnshire Police. ACIS has no reputation other than one described in the local press (not by me) as "disgusting". I find that word not strong enough!

It has been pointed out to me that my descriptions of Parker and Raven will be considered perjorative by them. I insist that the epithets applied are true : Parker behaved badly in public and I have evidence of Raven’s untruthfulness.

Yesterday I met Duncan Sharkey, Chief Executive of West Lindsey District Council. The meeting ended in stalemate. Sharkey was unhelpful and hostile. He inisted on asserting that I was guilty of Anti-Social Behaviour which is the problem! When challenged to prove this he demurred and seemed to insist that I do the impossible and prove a negative. I am entirely innocent of anything other than insisting on my right to the quiet enjoyment of my home.

This man was soon discovered being 'economical with the truth'. For example, when I asked him how many people were sentenced by him to a 'single point of contact' with his Council...he immediately replied that I was the only one. It was pointed out to him that this was untrue, and I could give him several names of persons to whom this 'admininstrative ploy' has been meted out, including four members of a single family. His response was heard by three other people. In the meantime his 'human shield' Lyn Marlow has admitted on a website that there were 'Two'. This is also untrue. Little wonder that West Lindsey District Council is morally corrupt when the Chief Executive behaves in this manner!

The York Ombudsman has behaved abominably. The council deemed my complaints had 'exhausted the complaints procedure' even though no satisfactory answers to numerous questions had been given even after a very considerable time of persisting with requests/complaints. The usual delay, evasion and obfuscation. The case landed in York and was 'judged 'by an individual, C. Denton - again after delay and evasion - in favour of the council. A request for 'review' produced no more than a fobbing off letter from Assistant Ombudsman Richard Corney - deeply offensive stating that I 'accepted at least some responsibility in a court of law for unacceptable behaviour'- this is absolutely untrue. The fact is I was obliged to give the court 'undertakings' not to do things which I have never done or would ever do. This in order to avoid an actual ASBO. There was no question of 'undertaking' not to do things which were done in the past. This insidious insinuation of my guilt is a wicked perversion of the truth. My situation is dire, but I am determined to clear my name and obtain redress for what is turning into a 'Dreyfus' case. What in God's name has this country come to?

Truth will out.

As predicted I have just received a solicitor's letter from ACIS accusing me (falsely ) of breaches of the 'undertakings' [including a false accusation that I have 'attacked a dog'] and threatening me with imprisonment.........'

Subscribed : J.Murray.
20th December 2008.

May 2009 update

Some four months and numerous e-mails later, Sharkey still has not accounted for his untruthfulness, for the simple reason that he has no possible excuse. ACIS have got him into this mess, and it is little wonder that West Lindsey District Council is so morally corrupt when it is led by an individual so unscrupulous as Sharkey. He appears to have no shame.

Incidentally, I have intelligence that, in spite of many requests that the council cause her to desist, secret agent WPC Parker of WLDC ASBO 'Team' continues to make illicit 'enquiries' about me. Big Sister is watching me!

What in Heaven's name has this country come to?