Agenda item

The Monitoring Officer advised the Sub-Committee that Cllr Hawker had decided not to attend the meeting but he had requested a postponement of the hearing on grounds set out in his email correspondence to the Monitoring Officer since the previous meeting on 20 March 2013. The grounds included:

• Cllr Hawker’s legal adviser had decided to stand down and he was now without legal advice and representation on a complex matter. He was unable to prepare his defence properly as a result;
  
  
• His witnesses were unable to attend the hearing;
  
  
• The process was unfair and was being rushed through; the substantive hearing was fixed without proper consultation with the parties.
  
  
• He had only received documentation from Mr Cain 0n 7 April 2013 leaving insufficient time for him to respond.
  
  
• It was inappropriate for this matter to be heard during the pre-election period.

Having heard from Mr Cain on behalf of the investigating officer, the complainant, Mr Taylor, and both independent persons, Caroline Baynes and Colin Malcolm, the Sub-Committee decided to agree a postponement of the hearing. 

The Sub-Committee had particular regard to the fact that Cllr Hawker was currently without legal representation following Mr Morland’s decision to cease acting for him after the previous preliminary hearing, and the unavailability of Cllr Hawker’s witnesses, particularly his key witness, Mr Parker, who was out of the country until 15 April. They decided an adjournment was appropriate in these circumstances in the interests of fairness to enable Cllr Hawker to prepare and put his defence properly.

The Sub-Committee wished to make it clear that it was Cllr Hawker’s responsibility to ascertain the availability of the witnesses he wished to call in his defence and, once a date has been agreed, to secure their attendance.  The Sub-Committee also made it clear that any further adjournment of the case would be highly unlikely to be granted.

The Chairman thanked the witnesses who had made themselves available for the hearing and apologised that it had not been possible to proceed.

The Sub-Committee therefore:

Resolved:

To adjourn the hearing on 10 and 11 April 2013 and to ask for the matter to be re-listed on the first available date after  3 June 2013