River: “Kent Police must answer for their interference in the democratic process”

“The actions of Kent Police after the election of David Craggs have led to the need for a possible further election to be held in River Ward”, according to River Ward Councillor Craig MacKinlay.

In a statement released today, Cllr MacKinlay stated that “[h]aving confirmed to David that a serving special constable could stand for election, and could become a local councillor, Kent Police force then put pressure on David to resign, telling him that a special constable could not serve as an elected councillor.”

The statement follows former Conservative Councillor David Craggs’ shock resignation less than two weeks after his victory in the by-election brought about by the resignation of former Labour Councillor Bill Esterson.

Medway Council have confirmed to Alan W Collins that a Notice of Vacancy has been published, but that the required two signatures requesting a by-election have not yet been received.

Meanwhile, the Labour and Liberal Democrat agents have rounded their attack on the Rochester and Strood Conservative Association. Liberal Democrat Sue Hannant said “”I am seriously considering sending our invoices for the last election to Rochester and Strood Conservatives. I am disgusted that they have wasted public money like this”.

Labour agent Cllr Vince Maple added “I think it’s an absolutely disgraceful situation. The Rochester and Strood Conservative Association have treated the voters of River ward with total contempt. Someone has not done their job properly. They should have checked the eligibility of their candidate. This has cost taxpayers thousands of pounds. The Rochester and Strood Conservative Association is responsible and they should pick up the tab.”

Cllr MacKinlay told Yourmedway that “We are entirely vindicated on all counts – it is Kent Police who are spectacularly wrong. As regards costs of another election, let us not forget it was Labour who forced this election by the resignation of Bill Esterson and they who petitioned for it, local Conservatives did not cause the election.”

Cllr MacKinlay’s statement today continues: “Before the election [Kent Police] had confirmed that there were no rules to preclude a volunteer special constable from being a local councillor, indeed there are two Conservative MPs and one Labour MP who serve as special constables, whilst being at the heart of the law making process at Westminster. Philip Hollobone, Conservative MP for Kettering is also a SITTING COUNCILLOR on Kettering Borough Council. Magistrates are similarly allowed to become local councillors and vice versa, there are no restrictions.

“Such was the intense pressure put on David that he felt he had to resign from the post of a paid councillor in order to carry on as an unpaid and volunteer police officer, a position he has held for 17 years. That letter of resignation was delivered to the Acting Chief Executive of Medway Council yesterday at 11.00am. Acting upon the resignation letter, an appropriate ?Notice of vacancy? in River Ward was issued by Medway Council, in accordance with electoral law. Within hours, and subsequent to legal advice already obtained by Rochester and Strood Conservative Association, the Kent Police Authority confirmed that there is no restriction in a special constable being a councillor.

“Kent Police were incorrect, and arguably unlawful. They had even threatened disciplinary action against David Craggs. Because the statutory ?Notice of vacancy? has now been issued, acting upon David Craggs resignation letter, the electoral cycle is started and cannot be retracted, despite the resignation now clearly being unnecessary, based on wrong advice and arguably extracted under duress.

“This means that another election may need to be held, because Kent Police got the law wrong. The situation is virtually unbelievable. Kent Police must bear full responsibility for this situation, and for the extra costs to be borne by the council, candidates and political parties. No explanation or apology has been forthcoming.”

Cllr MacKinlay now asks “with the aim of redressing a clear wrong, for the other political parties to allow an uncontested election in River, which would cost nothing to administer and would reflect the clear will of the electorate given just a few days ago. Alternatively, there need not be another election at all; I have been the sole councillor in River, effectively so since Bill Esterson?s adoption as a parliamentary candidate in March, and absolutely so since his election as an MP in May and subsequent resignation as the second ward councillor”.

A Kent Police spokesman said: “We recognise the decision David Craggs has made. It is very important that policing is politically impartial and seen to be impartial, and we are pleased that Mr Craggs will now be able to continue to serve the community in his role as a Special Constable.”