Clean EUkip up NOW & make UKIP electable!
after a chat with The Electoral Commission with whom we have been trying very hard to co-operate in order to try to clean up EUkip in the desparate hope that it can be handed back to the members and the endemic atmosphere of intimidation, corruption, dishonesty and lack of probity surrounding the liars and cheats who have wormed their way onto EUkip’s NEC and into its leadership team; we understand that there is at last movement on The Judicial Review.
We have confirmed with Justice Walker’s secretary, who has been most helpful, that at 10:00hrs. Thu-22-Jan-2009 at The Royal Courts of Justice in London Justice Walker will present his Judgement in The matter of The Judicial Review.
Clearly Andrew Smith & Nigel Farage are directly responsible for the fact that EUkip has had this sword of Damaclese hanging over its head for so long – in their stupidity, self importance and arrogance they have immensly damaged ‘Brand UKIP’ whatever the outcome and this is the first of a series of Court cases expected as a result of dishonesty, corruption and incompetent leadership.
Eric Pickles on Radio 4 World at One was so very right when he said of UKIP:
We understand that since Alan Bown has foolishly offered to bail Farage and his corrupt self serving cronies out – well a fool and his money are easily parted!
We understand that Alan Bown has already been advised of the verdict/Judgement and it is NOT looking good as Steve Harris is presently phoning members to ask them to attend The Courts to give Alan Bown some ‘moral’ support and show that even if Smith & Farage are stupid there are a few members left who still value Alan’s huge contribution to UKIP, misguided as he has been in backing Farage and the endemic corruption.
* perhaps ‘moral’ was the wrong word in view of the level of immorality EUkip leadership and NEC indulge themselves in!
Conclusion on Page 31
122. For the reasons I have given I conclude that the Commission’s challenge succeeds in part. The parties are agreed that in consequence the Senior District Judge’s decision must be quashed, and the matter must be remitted to the Magistrates’ Court to consider the Commission’s application afresh.
To Quote Petrina Holdsworth past Chairman of UKIP
and a qualified Barrister
“93.Thus I conclude that the Senior District Judge must have applied his mind to the question whether UKIP’s failure to comply with s 56(1) warranted forfeiture of donations accepted prior to the awareness date. He concluded that it did not.
This failure occurred time after time, culminating in the period leading up to the awareness date and despite repeated queries by the Commission.
It is difficult to envisage how the Senior District Judge could reasonably have concluded, at least as regards donations in the period leading up to the awareness date, that forfeiture was not warranted. However without knowing more about the facts I cannot condemn the outcome as so unreasonable as to be explicable only as the result of a misdirection in law.
“Just had a quick look at the judgment .The above section is of interest -in common parlance it would read “how the hell the District Judge could come to the decision to forfeit only the amount he did I really don`t know but I`m willing to let it go because I don`t have the full facts before me (Magistrates Court is not a court of record -no transcript available) maybe something somewhere was said which could explain the extraordinary view that Judge Workman took.The High Court Judge`s decision to send this back for another shot at it by the lower court is based on the facts that District Judge Workman got a date wrong and failed to properly explain why he was doing was he did.
He clearly did have a discretion to forfeit a smaller amount than the whole amount and there is no presumption to forfeit.
So UKIP`s back in the dock and is probaly looking at a greater forfeiture next time round.Good judgement in my view -very fair.
END of QUOTE.
I understand Judge Workman, who used to be a Probation Officer from 1967-‘69, who then qualified as a Solicitor and despite the fact that he clearly lacked the bottom he was fast tracked as a Judge as he was a Trendy Lefty – another bloody champagne socialist?
I note Wiki states Lt.Col. Robert Workman was shot and killed aged 83 in 2004 by mistake as it should have been Tiny Timmy Workman in view of the Police as he had fallen foul of The KGB!
He also fell foul of the Zionists by issuing an arrest warrant for effectively a war crime against a Zionist terrorist!
Many will recal that I welcomed the original Judgement before Dist. Judge Worman as it had shown a staggering leniency in terms of forfeiture, particularly as the loss would be Alan Bown’s when the crime was clearly that of Andrew Smith & Nigel Farage aided by others including Ma Zucherman, the idiot Wittaker who had so incompetently dealt with the ElCom etc. etc. – yet the decision did prove the law in favour of The Electoral Commission.
The original decision was one that all parties could live with but Farage’s immature and irresponsible behaviour left ElCom with no choice but to seek either an appeal or a Judicial Review.
How right Eric Pickles was when he said ‘Nigel Farage has presided over the collapse of his party’, he was kind not to add and its demise due to his complete and predicted incompetence as a leader!
The Electoral Commission has issued a rightly (from their legal standpoint) upbeat Press Release:
Statement from the Electoral Commission
22 Jan 2009
The Electoral Commission today (Thursday 22 January 2009) welcomed the decision of the High Court to order the re-hearing of a case concerning donations to the UK Independence Party. The Commission had brought a judicial review of the decision by Westminster Magistrates Court to order UKIP to forfeit only £18,481 of £367,697 in impermissible donations that the party had accepted. A re-hearing will take place at Westminster Magistrates Court.
Commenting on the decision, a Commission spokesperson said: We sought judicial review of the original decision of the Magistrates Court because we thought that it was important for parties, the public and for the Commission for there to be greater clarity about how the rules on forfeiture of impermissible political donations are applied.
The judgement has set out considerations that should be taken into account when a court is deciding cases about impermissible donations. In particular, these must include Parliaments intention when passing the legislation that the test for permissibility of a donation by an individual to a political party is whether the donor is on the electoral register.
Political parties are vital to the health of our democracy and they need to raise money to campaign, develop policy and communicate with voters. However, it is also important that they follow the rules on party funding.
For further information
0207 271 0704
Background for journalists
In February 2007 the Commission decided that it would seek forfeiture from the United Kingdom Independence Party of donations amounting to £367,697 from Alan Bown and Nightech Ltd. These were from impermissible sources as Mr. Bown was not on the electoral register at the time of making the donations and Nightech was not registered in the UK under the Companies Act 1985.
The application by the Commission for a court order for forfeiture was heard at Westminster Magistrates Court in July 2007. In August 2007 the District Judge ordered that Ukip should forfeit £14,481 of donations given to the party by Alan Bown. The Judge also ordered them to forfeit the £4,000 from Nightech ltd.
The Commission was disappointed that, given all donations in question were from impermissible sources, forfeiture of the full amount was not ordered. On 28 August 2007 the Electoral Commission filed papers to appeal the 7 August judgement. The Magistrates Court subsequently expressed the view that the most appropriate mechanism for appealing the decision was by judicial review. Todays decision is the conclusion of that judicial review.
The case has now been referred back to Westminster Magistrates Court for a re-hearing.
Notes to editors
1. The Electoral Commission is an independent body set up by the UK Parliament. Our aim is integrity and public confidence in the UKs democratic process. We regulate party and election finance and set standards for well-run elections.
2. Under section 58 of PPERA, the Electoral Commission has the power to apply to the courts for an order to forfeit a sum equal to any impermissible donation a party has accepted and not returned within the statutory 30 days.
3. Any amount forfeited is paid into the Consolidated Fund. It is not retained by the Electoral Commission nor returned to the donor.
but further material on this subject
will be in subsequent Blogs.
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