Jolene Bunting claims she was 'in genuine fear' of leader of far-right party Britain First
A former Belfast City Councillor banned from seeking public office following a complaint by the leader of far-right party Britain First was in genuine fear of him, the High Court heard on Wednesday.
Counsel for Jolene Bunting claimed Paul Golding had caused her anxiety for several years.
Ms Bunting is taking legal action against the Local Government Commissioner over its handling of a tribunal which resulted in her three year disqualification.
In February the former independent unionist councillor was found to have breached the code of conduct by doctoring a payslip in a bid to obtain cash from Britain First.
The adjudication was related to a complaint from the group’s leader.
Mr Golding claimed the party sent Ms Bunting money to cover an alleged fine from Belfast City Council for a publicity stunt in 2018 involving its deputy leader at the time, Jayda Fransen.
Ms Fransen had been filmed making a statement while wearing robes and sitting in the lord mayor’s chair at City Hall.
But the tribunal was told that a £545 deduction in Ms Bunting’s council pay was actually because she had exceeded the data allowance on her mobile phone.
The local government watchdog ruled that she improperly used her position to secure financial advantage.
She had amended her payslip in order to gain from Mr Golding and Britain First, the tribunal found, bringing her position as a councillor into disrepute.
Ms Bunting denied the allegations throughout the adjudication and also made a last-ditch attempt to halt the proceedings.
She is challenging the watchdog’s alleged refusal to grant her an adjournment in order to secure lawyers for the hearing.
Ms Bunting wants the three-year disqualification order quashed and the case remitted for a fresh adjudication process before the next council elections in May.
Her barrister, John Mackell, argued that she was unfairly expected to represent herself without obtaining legal representation for the tribunal.
“The applicant referred to the complainant in the matter as someone who has caused her great consternation and anxiety in his actions over the last number of years, and that she was genuinely in fear of this man,” he said.
“She was not ready to face the complainant, never mind engage with him.”
On the day of the tribunal Ms Bunting tried unsuccessfully for more than half an hour to join remotely in order to seek an adjournment, the court heard.
With the ex-councillor unable to cover the costs of a potential three-day hearing, Mr Mackell disclosed that she considered launching a Crowdfunding campaign as one potential option for securing legal representation.
“Procedural fairness was not followed on this occasion,” he contended.
“The applicant enjoys the right of a fair hearing in the determination of her civil rights, on this occasion the civil right is to engage and participate in democratic elections.”
Responding to the judicial review challenge, counsel for the Local Government Commissioner argued that an email requesting an adjournment was sent after office hours on the eve of the tribunal.
“It’s effectively on the day of the hearing, at which point the complainant, Mr Golding, has travelled some distance to attend,” she said.
Referring to Ms Golding’s alleged anxiety at facing the Britain First leader, the barrister submitted: “In circumstances where oral evidence was always going to have to be given, one might anticipate that a difficulty of this nature would have been raised.”
Mr Justice Scoffield was also told there may be an option to appeal the adjudication as a potential alternative remedy.
Reserving judgment, he said: “I’m conscious there is a time pressure in this case.”
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