Conservative donor who did not declare £9,000 donation to ex-Northamptonshire MP spared jail
A Conservative Party donor who did not declare the right information when giving £9,000 to a former Northamptonshire MP’s election campaign has avoided prison.
Sharad Bhimjiyani, who is in his 60s, admitted six offences contrary to the Political Parties, Elections and Referendums Act 2000 in September last year.
They relate to six £1,500 donations he made to David Mackintosh, who was then the Conservative parliamentary candidate for Northampton South, in 2014.
The ex-MP, who was elected in 2015 but stood down two years later, was cleared by a jury of withholding information about the source of £39,000 donated to his election campaign fund following a trial late last year.
Warwick Crown Court heard the majority of the money was funnelled through others – including the defendant’s wife’s company, his brother-in-law’s company and two clients.
The funds came from money provided by property developer Howard Grossman and his company 1st Land Limited.
The company paid the defendant’s accountancy firm £16,500 while Mr Grossman himself gave a further £2,000.
The judge, Mrs Justice Eady, said these transfers were “for the purpose of enabling you to arrange donations by others for Mr Mackintosh’s parliamentary campaign”.
Donations of more than £1,500 must be published on the Electoral Commission website.
Mr Grossman’s company was a “single purpose” one established for the redevelopment of Northampton Town Football Club, and the club had received a “substantial” loan from Northampton Borough Council while Mr Mackintosh was its leader between 2011 and 2015.
The defendant worked for Mr Grossman as his bookkeeper and as financial controller of County Group – the umbrella company for Mr Grossman’s commercial interests.
The judge said Mr Grossman had wanted to donate to Mr Mackintosh’s election campaign but did not want them to come from him directly because of his links to the football club.
Nine donations totalling £39,000 were made by the property developer in total.
A jury cleared both Mr Mackintosh and Mr Grossman of withholding information from the treasurer of the Northampton South Conservative Association with intent to deceive.
Prosecutors dropped charges against the defendant’s wife Nutan Bhimjiyani.
The judge said he did not provide the relevant information when donating the money but, following the acquittal of Mr Mackintosh and Mr Grossman, it is not said that he acted “with an intention to deceive”.
She accepted the defendant did not believe he was doing anything criminal but “alarm bells should have been ringing” given the fact he was then working as a bookkeeper.
She told him: “There are obvious reasons why it is important that the electorate knows who is funding those who seek political office; such transparency is vital in a functioning democracy.
“More particularly, the correct information needs to be provided so that the party in question, and the Electoral Commission, can check that the donation is from a permissible donor.
“These checks are undermined if those acting as agents for others do not provide information about the identity of the true donor.”
She added: “I am, of course, aware that others who were charged with related offences have now been acquitted after trial by jury. The offences for which those other defendants stood trial were, however, not the same as that to which you have pleaded guilty and the fact that a jury has accepted others may not themselves have withheld information with an intention to deceive does not say anything about the entirely separate obligation upon agents who made donations to provide information about the true identity of the donor.”
His 10-week jail term was suspended for eight months and he must pay £1,800 in prosecution costs.
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