"Shame on you all" over Costain 'secrecy'

Apolitical Democrat blasts Newbury Town Council's refusal to answer questions on 'crackgate' legal claim

THE row over Newbury Town Council’s ongoing legal dispute with Parkway developer Costain resurfaced this week – after the council again declined to answer questions about its failure to claim back up to £50,000 of public money in 2010.

In July 2014, the council’s former deputy leader, Ruwan Uduwerage-Perera, revealed that the local authority had missed out on the chance to trigger a legal expenses claim with an insurance company to recoup a portion of its fees four years ago.

In December 2014, following an internal investigation, the council admitted the mistake and put the fault down to ‘human error’, adding that it now “considered the matter closed”.

At a Newbury Town Council meeting in April, however, Apolitical Democrat Charlie Farrow demanded to know which councillors knew about the claim.

Mrs Farrow asked whether the then chief executive officer was the only person to know that no claim had been made on the Victoria Park legal insurance prior to the whistle being blown.

The then leader of the council, Julian Swift-Hook (Lib Dem, Pyle Hill), replied: “The issue to which you refer is subject to legal proceedings, so I cannot comment further.”

Last week, Mrs Farrow again requested answers and referring to the change in leadership since the election said: “Now that they are in control, I hope the Conservative group will be rather more energetic in holding the previous administration to account than they were in opposition.

“So when can the public expect to see their proposed timetable and methodology for rooting out the truth about the failure to make the Victoria Park damage claim?”

Jo Day (Lib Dem, Northcroft), who was chairing the meeting, replied: “As you were advised by councillor Julian Swift-Hook on April 27, this issue is currently subject to ongoing legal proceedings, therefore I cannot answer your question.”

Mrs Farrow responded by saying: “Absolutely outrageous.

“In response to my question to the last policy and resources committee meeting regarding the Victoria Park damage insurance claim, Cllr Swift-Hook declined to answer, claiming the issue is subject to legal proceedings.

“Please would you clarify which legal proceedings these are and who are the parties involved?”

Cllr Day replied: “Having taken legal advice, we are not able to answer your question, for fear of prejudicing the parties involved.”

Mrs Farrow then stormed out of the meeting shouting: “Shame on you, absolute shame. Shame on you all.”

Speaking to the Newbury Weekly News after the meeting, Mrs Farrow said: "I hardly know where to start on this.

“The breathtaking arrogance of the outgoing administration absolutely takes the biscuit.

“I can only hope that the new administration will choose to answer these questions, and without delay.

“We have a right to know what is going to be done to hold those responsible for ‘crack gate’ to account.

“And as for my second question, as precept payers we have a right to know what legal proceedings we are engaging in and that knowledge cannot possibly be construed as prejudicial.”

The cracks damaged sporting facilities in the park, including Newbury’s historic bowls club lawns. Residents complained of damage in their homes, and Victoria Park Nursery School was also affected.

The town council launched legal proceedings shortly after the damage appeared and the subsequent four-year legal battle has cost more than £100,000 and keeps rising, with the council paying out £50,000 of legal fees in the last six months of 2014 alone.