Whatever the rights or wrongs of the case against former Anglesey Council Leader Phil Fowlie, it seems to me entirely wrong that the Ombudsman tribunal against him will go ahead just days after he has undergone serious heart surgery for the second time. According to the Daily Post the Adjudication Panel for Wales will proceed to hear the case on Monday (27 September) and rely on written submissions only. Of course the case needs to be heard, but I see no good reason why it couldn't be postponed on compassionate grounds until a later date -- Fowlie is anyway no longer a councillor and its not as if the Ombudsman doesn't have any other cases to consider...
As Councillor Bryan Owen quite rightly says, "Phil deserved the chance to be there to represent himself".
90 comments:
This is a classic scam, if the defendant is ill, then the case continues without him, this is morally wrong, the Ombudsman has a moral obligation to ensure that everyone involved has a fair hearing, in this case Phil is ill, so the Ombudsman must postpone it, however, will it be postponed or will it be pushed through without it, if that happens then there is a problem with the way the Ombudsmans Office works, everyone is entitled to a fair hearing after all.
"Classic scam" denotes that it has been deployed on numerous occasions before.
Some examples would be useful so that team Phil can quote them in any future unfair hearing, erm ,hearing.
Why was the post removed?
Let's hope that Phil is allowed to show all his cards and not disallowed, it's called selective disclosure, one sided trial.
Is that post allowed?, we all know of the dirty tricks one party use to discredit the other, selective disclosure is one, the other is selective memory, " I can't remember my lord, if I was driving the car, I was too pissed at the time"..
Os wyt ti eisio cael chwarae teg defnyddia iaith dy fam, ni fedar yr Ombudsman dallt na diodda yr iaith Gymraeg. Dyna paham fod y dogfenna yn saesneg, fedar Phil siarad Cymraeg?
The first posting referred to the Human Rights Act and a fair hearing, it was removed because it touched a raw nerve, we all know that we are NOT allowed a fair hearing, especially if it concerns the Ombudsman, you removed the post too early, that was unfair.
So, it's obvious that Human Rights and the blog administrator are strangers....
If Phil is ill, the hearing should be postponed, if it goes ahead without him being there, will it be fair? that is the question, however if it does go ahead, it will be unfair, as we are all entitled to have afair hearing or trial, it's our Human Right!
One of the main attributes of the Ombudsman and the Adjudication Panel is IMPARTIALITY. This issue highlights that's is all bollocks.
Both the Ombudsman and the Adjudication Panel are not fit for purpose and should be abolished.
Anon 11.27 is another example of one of those super fast readers who are even faster typists. I.e Can read a post and comment about it in one minute flat.
What a guy!
Just another breach of our Human Rights. This will not go unchallenged.
Anon 11:13 - because it explicitly blamed certain persons who are not responsible for the hearing not being postponed.
Bollocks it's their choice what is disclosed and what isn't they know how these things run, no wonder the Ombudsman is the weakest link in Welsh Adminisration, a complaint to him is a waste of a stamp. Put it back druid, Phil deserves to know what they are doing to stop him getting justice.
This is absolutely disgusting.
It should be adjourned until a later date and the man allowed his say if he wants it.
Lets see what the Ombudsman has to say about the complaints made this week about Clive McGregor & David Bowles. That will put the whole bunch of hypocrite's in a spin.
If the Adjudication panel go ahead with their white was against Phil on Monday, there'll not be a news paper in the County that won't get to Know about it.
There is an element of unbelief running through Anglesey that this hearing is already beyond reason and a very bad way for justice to be seen to be done. Phil Fowlie is gravely ill, make no mistake, this is a serious illness, and we have an Ombudsman hell bent on having a hearing with or without him, this isn't justice this is a Kangaroo Court.
If, and this is a big IF, if th ehearing goes without him, then what Justice is there for WELSH PEOPLE, when the law is taken into the greasy bllod stained hands of the Ombudsman and he decides if he is fit enough to attend the hearing, is he qualified to do so? You will find that answer is NO! He bllody well isn't! As far as I am concerned the Ombudsman is a waste of money, time and space, the Welsh ASSEMBLY SHOULD INVESTIGATE THIS MATTER IMMEDIATELY!
Dear Phil Fowlie,
The people of Anglesey are behind you, believe me when I say, that today, I had the blindfold ripped from my eyes, there is no Justice in ANGLESEY, if this hearing continues without you, then the war will begin.
Hi
How dare we challenge these bureau-rats! They only work for US.
I previously put faith in the Ombudsman; the lady case worker was as "sharp as a beachball"....these guys only see "only what they want to see" and the matter was eventually resolved (favourably) in The High Court.
I'm staggered Fowlie's case is proceeding regardless.....this is not being even handed.
You must all remember that Anglesey Council is being run by Labour as is WAG so expect the worst....reminds me of the cold war era!
It will be interesting to see what The Ombudsman makes of letters Fowlie put his name to but written by The Leader.
Wow, I can see that PF has a lot of followers on this thread. One even had the blindfold taken off this very morning. Another is of the 'Is it cos I is Welsh ' variety.Yet another is of the opinion that merely making a complaint about CMcG and DB is sufficient to put them in the dock with PF, probably on the same day. This somehow makes PF not guilty.
Brilliant theatre.
Long live Blogs. Power to the people!
Glyn
It will be interesting what the Ombudsman makes of letters Phil put his name to but was written by the Leader.
It will also be interesting what the Ombudsman makes of the astounding personal letter the current leader wrote to the previous MD making serious allegations against him and his officers.
Anon at 12:36.
The war has already started.
Anon at 12:36.
The war has already started.
Druid
Is this the same sort cowboy set up both Aled And Glyn Jones suffered when they were barred from being councillors recently?
And where's our so called Minister for Justice in all this? Another bloody hypocrite. Him and Bowles make a very good pair.
Who do we report the Ombudsman to for breaches of the Disability Act?
Lets not mix the rolls of the Ombudsman and the adjudication panel up.
The Ombudsman investigates complaints made against councillors for alleged breaches of the their Code of Conduct.
The Adjudication Panel adjudicates on the Ombudsmans decisions and decides what punishment they should dish out if any, or whether the Ombudsman decision is the right one.
It is not the spoon fed Ombudsman who is denying Phil Fowlie's his rights, it's the do as we tell you Adjudication Panel.
"Lets not mix the rolls of the Ombudsman and the adjudication panel up."
Wise words but some that will, alas, fall on deaf ears I'm afraid.
They are all part of 'they' after all and 'they' is everyone bar ....well, everyone who is not agreeing with 'us' I suppose
For Panel read Flannel. Flannel is prevarication. If there's one issue that best embodies the surge of creativity fuelling the new breed of bloggers it's Justice and the lack of in Wales. Easily the most secretive of the crop, the readers who try to run this Island have pretty much run to ground, since the Druid and his followers caught sight of them. Of course, this has only served to intensify the scrutiny surrounding them. So why are they so vilified. First and foremost, they don't care. Secondly, there's the ever- growing sense of mystique amassing behind the Druid, and he has become the focus for people who have become disillusioned and feel that they are uncared for. Inernet rumours are currently in overdrive about whether the Druid is real or just a ploy( for the record I am going with the former). Many eye these pages with suspicion because of his all-encompassing online presence( facebook, twitter etc)...the Druid always appears to be one step ahead of his detractors thanks to his never ending sprawl of cannily designed pages.
But the Druid isn't that aloof. Every message is there online for all to see- you've just got to find them. And that's half the fun of this blogger, with some of my postings I got lucky- some where taken down instantly. Why? I don't know. But others are readily available, while many eye the Druid with suspicion, his message is spreading, and that's the main thing, and the supporters of Phil Fowlie are spreading too.
Don't let the pressure against us writing about the Ombudsman and the Flannel Panel stop democracy!
Someone mentioned that a complaint to the Ombudsman is a waste of a stamp - I totally agree.
The Ombudsman seems to ask the Council for their opinion if you complain against them and the Councils explanation seems final.
It`s a bit like if you reported a crime and the police asking a criminal for his opinion and that would be it.
I have learnt of others who complained to the Ombudsman through meetings we have had. Similar complaints, same Council Officers. One would think the Ombudsman would put two and two together and realise that there IS something wrong - but no. We were all turned down, no investigation just - No, the Council have explained.
He has let all our group down but I`m glad we have a Shadow Minister for Justice, without him we would never have been heard.
Now that is interesting, but don't you think it's a sad affair when we have a so called Assembly, that seems to distance itself from real people with real problems, I though it was a good day for Wales when we had an assembly, sometimes I think it was the worst!
The Ombudsman in action in Anglesey..
http://www.psow.co.uk/articles/ombudsman_promotes_maladmin.html
DO NOT READ IF YOU HAVE COMPLAINED TO THE OMBUDSMAN THIS IS THE DIRECTIVE BY THE GOVERNMENT TO STOP PEOPLE COMPLAINING..PLEASE..DO NOT READ IF YOU HAVE COMPLAINED AND BEEN IGNORED.http://www.rottenborough.org.uk/SilenceComplainants.html
That's why a complaint is a waste of a stamp and that's why we have no JUSTICE in Wales, horrific....
The Adjudication Panel for Wales is a (So called) Independent body established under Part 111 of the Local Government Act 2000. It's role is to form tribunals to consider whether elected members have breached their authority's statutory code of conduct.
The Tribunal may determine the adjudication without a hearing, in the following circumstances:
(A) if no reply is received by the Registrar within the specified time.
(B) If the accused person states that he/she does not intend to attend or be represented at the hearing; or
(C) the accused person does not dispute the contents of the report.
So why are the Adjudication Panel for Wales denying Mr Fowlie one of his basic human Rights?
I think Cllr Durkin was right to call on Carl Sergeant get rid of Bowles and send in the Assemble to run Anglesey County Council. Personally I think they are all as bent as one and other.
As for the Public service Ombudsman for Wales, that lot should be abolished tomorrow, their an insult to democracy and the law abiding people of Wales.
The only answer to all this abuse of power, cover-ups and corruption, is a far ranging Judicial Review into how Anglesey County Council is run. How the Ombudsman and the Adjudication panel operates outside their remits and last but not least the breaches of human Rights on Anglesey.
"The only answer to all this abuse of power....."
Do you mean like those breachs of their Human Rights, suffered by the Amlwch two?
The whole affair is horrific, every avenue that starts with a complaint results in a cover up and absolute protection for the abusers of power, the set up of Anglesey County Council DEMANDS PUBLIC EXAMINATION and the people of Anglesey DEMAND PUBLIC PROTECTION FROM THE COUNCIL. The whole system is a breach of HUMAN RIGHTS AGAINST THE PEOPLE.
"I plead guilty to being "uncooperative" in the eyes of those who would seek to abuse their office, misuse their power and treat the council as a personal fiefdom" David Bowles on Leaving Lincolnshire Council.
Its a pity instead of going way over board to cover up Dishonesty. David Bowles pursed that agenda on Anglesey, or was it just another load of his bollocks?
Dear Councillor Durkin,
I hope you appreciate this message, but people are getting really upset and angry, the whole system we have in Wales for complaining against the Council, the Ombudsman, is a total farce, a total waste of time and effort, we need you to respect the wishes of the people, and we need you to find a means, any means possible to have an Inquiry or a Judicial Review into the way complaints are handled by Anglesey County Council and how they are handled by the Ombudsman, there is a serious lack of respect going on here, and we are NOT IMPRESSED.
Wish Phil Fowlie well for us, I'm sure he would appreciate that some of us do care about him.
More bad news I'm afraid this is the Ombudsman in bed with the council...http://lgowatcher.blogspot.com/p/about-me.html
Given that Bowles' contract is with SOLACE and in my view he is in breech of contract, then the remidy is to get legal with SOLACE.
Do SOLACE realise DB could bring thir operation into disrepute?
One thing I do not understand, maybe one of you cunning foxes could enlighten me?
Lincolnshire suffered from a bad image and one councillor was eventually sent to prison and Bowles testified against him....this was a road scheme being re-routed to benefit a councillor or something close on these lines. So Bowles was fighting wrongdoing at Lincolnshire Council....
.......so why is he not fighting wrongdoing at Anglesey??
The simple answer my friends, is that he could be acting on orders from WAG and the Labour machine.
Remember, Lincolnshire was Tory whereas Anglesey is neither Labour nor Tory but I think since DB took control, politics has become a Labour agenda....
Maybe I'm wrong but I would like to see any MD as neutral and non-political doing the job they are paid to do.
CIVIL SERVANTS are meant to be NON-POLITICAL!
Glyn
Anon at 20:57
It's all in hand.
It won't be easy, but it's all in hand.
If my memory serves me right. The Ombudsman has already shown his lack of impartiality in the complaint by David Bowles against Cllr Durkin on no less than three occasions. Big mistake.
If ever there was was an opportunity to stuff the Ombudsman found conspiring with the council, this is it. In essence he has shown how deceitful and dishonest he is and a review would crucify him.
I'd like to know what influence the council had in Phil Fowlies Case?
Don't think it will be long before we find out.
Glyn.
I think a complaint to Solace about one of their employees (Bowels) is in order. No sooner said than done. Oh and one to their trade paper for good measure.
does anyone really think fair play will prevail where anglesey clown council is involved ,come off it there all a bunch of lying cheating effing crooks the whole dam lot of them ,have been for years .
and regardless of who you complain to it gets swept aside .has anyone of them ever been succsefully prosecuted for there abuse of public office
OT
Quote of the Year
Red ED on Marr show after having said that Blair, Mandleson, Campbell etc were 'towering figures'
" They've got wisdom. They didn't back me"
Priceless!!!
Ombusman and The Adjudication Panel:
No Compassion, Dishonest and Gutless. Just a bunch of old farts who will rule the day if there go ahead and shit on Phil.
Phil Fowlie should be able to attend the meeting, so it should be posponed. The sort of stress this could cause will not help his recovery. Is the Ombudsman under someones paw and is smoke to be seen??
BBC NEWS CHANNEL 2nd MAY 2008.
One of the new councillors, Clive McGregor, who won in the ward of Llanddyfnan, said" The Electors have done a pretty good job in changing the Council by getting 13 new Councillors"
"There will be a big change now in the way thing's are done and it should improve confidence in the Council," he added.
What a bloody hypocrite, he alone has done more damage to the Council than all the other Councillors put together since it's inception in 1986.
Having stitched Phil Fowlie up along with Bowles, If they had any integrity they would both resign and go before they are forced out.
As for the Adjudication Panel. They ought to be totally ashamed of themselves.
16:19
The Ombudsman has already stuffed himself by showing (in writing) that he has allowed Anglesey County Council to corrupt his impartiality.
The stench of corruption is about entrench Cardiff like the plague.
"Both the Ombudsman and the Adjudication Panel are not fit for purpose and should be abolished."
I agree. But there is a fatal flaw that many here now, and I in the past, have made, which is to expect these organisations operate along the high standards of law.
Sadly, they are not legal institutions and are not even close to having those standards, nor do they often exhibit leanings towards natural justice. All they are is a necessary pathway of complaint that people should not have much faith in. If you ever highlight inconsistencies in their investigations and/or conclusions, then they will invariably just ignore them.
Fatal flawed governmental organisations that have a detrimental impact on quality of life are acting at all times in breach of the Human Rights Act.
I wonder before making the above comments people actually looked who the members of the Adjudication Panel for Wales were. They are
The President is Mr J Peter Davies runs his own legal practice in Cardiff specialising in civil and commercial litigation and, in particular, regulatory matters. He is a Deputy District Judge and chair of the Solicitors Disciplinary Tribunal
Mr Stewert Sandbrook-Hughes is a barrister in Swansea and is also an adjudicator for the National Parking Adjudication Service.
Mr Hywel James is a District Judge
Mrs Helen Cole is a senior partner in a general practice in rural west Wales specialising in non-contentious private client work.
Mr Ian Blair is a part time civil engineering consultant. He was County Surveyor with Powys County Council and has been an invited lecturer for the University of Wales, Aberystwyth. He is a member of the Courts Board for Mid and West Wales.
Ms Juliet Morris is a Policy Analyst with the Local Government Information Unit and freelance social policy researcher for organisations including the Wales Consumer Council. She also runs a farm business in Carmarthenshire.
Cllr Christine Jones is an Independent member of Conwy County Borough Council. She is also a member of the Conwy Community Health Council
Cllr Colin Evans is a former member of Carmarthenshire County Council. He is also a Labour councillor with Cwmamman Town Council
So maybe thoose like say the Great Councillini would like to explain that why then the independent body established under Part III of the Local Government Act 2000, with a District Judge a Deputy District Judge, a barrister, a solicitor and lay members, is not a legal institutions and are not even close to having those standards.
See http://wales.gov.uk/apwsubsite/APW-PDC/?lang=en
"Where the Ombudsman sends his report to the President of the Adjudication Panel, A Tribunal will be convened from the panel to consider the report and hear representations made by the Member who is subject of the complaint and any witnesses".
"THE MEMBER MAY APPEAR IN PERSON, OR BE REPRESENTED BY ANOTHER PERSON".
SO WHY IS MR FOWLIE BEING DENIED THIS RIGHTS?
No Judge in his right mind would deny an adjournment where the defendant was found to be to ill to appear, so what the hell do these people think they are playing at?
If ever there was an organisation asking for nation wide condemnation it's this bloody Ombudsman and the Adjudication Panel.
I don't know, maybe his doctors have advised him not to go, maybe his solicitor has told him that it's not neccesary, and that paper repenrentations are good enough.
Maybe it's something agreed between the APW and Phil Fowlie. Maybe he just wants to get on with this life and concentrate on getting better, than having this as unresolved either way slowly eating away at his wellbeing in the background.
Above all let's hope he get's better, for the sake of himself and his family.
SORRY 21:06.
It's none of those. It's the Adjudication panel refusing to adjourn.
I am very happy to answer the person interested in why the Adjudication Panel for Wales does not, as is my general position, constitute a valid legal process.
Firstly, let's look at the Panel's own response to the Daily Post. They say that the hearing is a paper submissions-only hearing, and that attendance is not required.
So they are themselves eroding any trust we might have in them, as it is a closed-doors system, where neither the 'accused' nor the public have access.
Have I made this up? No. I just called the Panel's offices, and they confirm what I have just written. Cllr. Fowlie's case will be heard in this way - no public access, no calling, examination and cross-examination of witnesses.
If anyone thinks that this is following concepts of natural justice, then I would ask you to please go and buy some books about the development and operation of the legal system. Also ask: why do we call witnesses in proper court-based hearings, civil and criminal, and why do the public in virtually all instances have a right to sit in court and see justice in operation?
I'd be very interested to read a defence of private, closed-doors hearings where the accuser is not required to account for his/her claim, and the accused is not required to attend.
To remove any doubt about what Councillini says:
http://wales.gov.uk/apwsubsite/APW-PDC/RegTrib/FutureTrib/cllrfowlie/?lang=en
TGC you are forgetting one point, the tribunal may be held in private, but it's findings will be made public, together with the reasoning as to the decision reached. See previous decisions at
http://wales.gov.uk/apwsubsite/APW-PDC/RegTrib/PreviousTrib/?lang=en
See also interestingly the decision report on Cllr O.G Jones on the website.
I for one whilst not agreeing entirely with the decision to proceed (with Mr Fowlie’s case) shall await the decision report before making my mind up. Natural justice does after all require a balanced and considered approach, so let us see all the relevant evidence first before we ourselves jump to a conclusion.
13:42 - yes, they used to have secret hearings in the middle ages, and the executions were very public. We may well see the reports, but we don't have a public airing of the evidence, which is vitally important.
You can't pick and choose which elements of a just and fair trial you are going to have; you either have all of it, or you have no meaningful, transparent justice.
Who made the complaint to the Ombudsman about Phil Fowlie and does anyone know whether it's true that complaints have been sent to the Ombudsman about Clive McGregor, David Bowles and a number of senior officers.
I like that: House of Commons, Select Committee, House of Lords, WAG and Scottish Parliaments are on TV. Even Judge Judy!!!
Public Inquiries are in the public domain. Courts admit public and deny public in only special cases.
Planning and Councils are held in public (but Ynys Mon have a pre-meeting)
Anything not in the public domain appears to be fundamentally WRONG because it breaks the "transparency rule"
These guys are leaving themselves wide open in Fowlie's case.
"I like that"
The very basis of the Democratic process, Openness, Transparency and certain aspects of the Human Rights Act are now on trial.
Which ever way Phil Fowlies case goes's is no-longer relevant, It's the arrogance and the failure by the Ombudsman's and the Adjudication Panel to do things right which is the foremost issue and needs to be challenged.
No News Yet.
If the Panel had met in public we would Know the out come by now.
No matter what the out come we all know who put phil up to it, then stabbed him in the back.
Today we see the NOTICE OF ELECTION FOR RHOSNEIGR following the resignation through ill health of Phil Fowlie, a man who has served his Constituency and the Residents of Anglesey, second to none.
I't is hoped that those who took advantage of phil as the Leader of the Council are pleased with them selves. They need to remember, That what go's round, comes a round.
Phil Fowlie, be strong, were thinking of you, the caring, the brave always find out who their friends are, when the chips are down, some can count them on one hand, have faith, and remember the other victims of this Council.
"They need to remember, that what go's round,comes a round"
That go's doubly for Cllr Clive McGregor and Mr Allowances.
The unresolved issues will tear this Council apart, there's no representation when the monkeys are running the zoo, for Llangefni is now a part of Gazza, the people are in a prison, Anglesey is the same, our politicians and the Council have created a monster, and the people are getting blamed, if the Law won't listen, maybe the Lawless will be heard.
" Forgive them Lord, they know not what they do" Unfortunately Phil, they know exactly what their doing, destroying this Island and taking away our liberty and freedom, the Law makers in this Adjudication Panel are an insult to the Welsh Speaking People, none of them are Welsh, they may seem to give that impression, but inside theri dark hearts beats the will and wishes of the Roman invaders!
Show your disgust and Boycott the Election.
Someone asked earlier who was it that complained about Phil.
It was Cllr John Chorlton with the help of Llyn Ball.
Lake Ball ?, nope I've not heard of that on the island. What does he do kneel by the lakeside and prey for inspiration?
Was it Lynne Ball or Lyn Wall or am I confusing a planning issue with something else?
Either way, it's massive.
I know who the Druid is afraid of, what a shame, or are they the Druid? see comments deleted above
Anon 19:37 - you wish.
Comment made at 20:50 deleted for making a specific accusation about a named person.
Druid
Is the Blog Administrator at 20:50
The Council?
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