Police launch probe into leaflet which attacks Prestbury election candidate
John Payne is seeking re-election as PAB councillor for Prestbury
Police have launched an investigation to track down the author of a leaflet which makes false accusations about a Cheltenham Borough Councillor who is seeking re-election on polling day next month.
The leaflet targeting John Payne of the local People Against Bureaucracy Action Group was condemned last week as inaccurate and misleading by the election returning officer at Cheltenham Borough Council Paul Jones.
It hs been circulated to households in Prestbury ward and alleges that Mr Paye has claimed more than £22,000 in expenses from Cheltenham Borough Council since 2018 and that he voted for a car park in the ward to be sold off.
Both allegations are untrue, says Returning Officer Mr Jones.
Now Gloucestershire Police have added their weight to the council's concern that the leaflet is a breach of the Representation of the People Act.
Paul Jones, returning officer at Cheltenham borough council.
A police spokesperson said today (April 25) “Any election publication must include the name and address of the printer, the promoter, and anyone else for whom the material is being published. This includes material campaigning against a particular candidate.
“The flyer in question was lacking this detail and after seeking advice from the Electoral Commission it was determined that there has been a breach of electoral legislation.
“We are now conducting enquiries towards identifying who produced the flyer and anyone with information which may help is asked to make contact with police by completing the following online form and quoting incident 138 of 25 April: https://www.gloucestershire.police.uk/tua/tell-us-about/cor/tell-us-about-existing-case-report/
“Alternatively you can call police on 101 quoting the same incident number."
Mr Payne has been councillor for Prestbury since 2014.
At next month's local election on May 5th he is defending his seat against Laura Haley (Con), Ben Ingram (Lib Dem), and Dan Taylor (Green).
He said last Friday that he does not believe that his election rivals are in any way involved in the leafleting campaign but he has a good idea who is responsible.
"The fact that someone has deliberately done this, issuing a leaflet which could affect my reputation and credibility in the village, is beyone belief" he said.
"I have lived in Prestbury for 12 years, I have been chairman of the parish council for four years, I am on the board of governors of the local school and I consider I have given a lot to the village.
"Now the individual or individuals responsible for this leaflet are bent on destroying the reputation that I have worked hard to build up.
"I am 100 percent confident that it is not any of my political opponents. I have had reassurances from them and I know them and the local parties and have worked alongside them all for eight years.
"Clearly, somewhere along the line I have upset someone and they are now getting their own back. I have spoken to the police because we have videos of some of the leaflets being delivered to local homes by a professional delivery firm. I have suggested to the police that they contact that company to find out who they are working for."
The returning officer's statement says "It has been brought to my attention that a leaflet is being systematically distributed to all residents in the ward of Prestbury containing false information in respect of John Payne.
"It is my personal view that the contents of this leaflet is in contravention of section 106 of the Representation of the People Act 1983 in that said leaflet is relaying false statements towards a candidate with the purpose of affecting the return of a candidate at the Borough Elections due to take place on 4th May 2022.
"A review is underway to consider if the leaflet and its professional distribution contravenes any legislation in respect of candidate expenses used for the purposes of the candidate’s election’ during the regulated period.
"The purpose of the leaflet is to make false statements in respect of John Payne’s voting record at a Full Council meeting that took place on 16 November 2020 and an allegation that he has claimed expenses from the borough council in the sum of £22,457.92 since 2018.
"In respect of both these allegations the actual situation is as follows:-
"The claim that John Payne voted for Idsall Drive car park in Prestbury to be sold off is factually incorrect
"The Cabinet Member for Finance at the time made it clear in her opening statement that 'It is important to say at this point that what I am asking of council today is to note the potential disposal as there would of course need to be all of the normal due diligence and consultation done before cabinet would accept any decision.'
"The claim that John Payne welcomed the proposals and fully supported them and that John Payne put on record his thanks to the finance team has also been taken out of context.
"The full script of what John Payne said at that meeting was: 'I would agree with everything that everyone has said. Councillor Hay and Paul Jones and his team have pulled together a strategy that is innovative and imaginative and that’s very impressive. But what I would like to do is to highlight something that Paul did which has not been well-publicised and you can imagine with regard to the potential disposal of the Idsall Drive car park in Prestbury has caused a great deal of unrest in the village.
"'We’re normally a very peaceable village and I have to apologise to Paul that he has been inundated with emails stressing the value of the car park to the viability of the High Street…but that’s for another day; I was really pleased that Cllr Hay said that nothing would happen until there had been due diligence, and that’s absolutely fine, I have no problem with that”.
“What I would like to thank Paul for is the fact that the people who wrote to him, he didn’t simply acknowledge the emails, he wrote to every single one a detailed response, and for a man who is so busy and has so many commitments, I think that goes above and beyond the call of duty and I would like to thank him publicly for doing that'.
"Members of the public who wish to see the full recording of the meeting of Full Council that took place on 16 November 2020 can view it via this link: https://youtu.be/04oFFb7Vnt4
"The Cabinet Member of Finance introduction is about 30 minutes in, and lasts about 10 minutes. Councillor John Payne speaks at about 1 hour 10 minutes in.
"The second allegation in the leaflet is that John Payne has received the sum of £22,457.92 in members’ expenses since 2018. This is factually incorrect.
"John Payne has not claimed nor received any payment in respect of expenses. All Cheltenham Borough Council Councillors receive a Members Allowance, details of which can be found at: https://democracy.cheltenham.gov.uk/mgGeneric.aspx?MD=MembersAllowances&bcr=1 "