Two things before we move on. Firstly,there is some detailed stuff about Lion Farm that needs to be put in the public domain but I appreciate that not all of you will want to plough through all that. And so I have put as much of that as possible in a technical blog via the following link for the hard core brigade and for local Labour Councillors ("lol"):
http://thesandwellskidder.blogspot.com/2018/07/lion-farm-technical-blog-1.html
Secondly, I recently put up a blog on 27th June: "Lion Farm Scandal - Who Did Kerry Tell?" This told how Jeremy Knight Adams had mysteriously failed to register the option bent Labour gave him over the Fields. (This could have been an error but is a massive one for an experienced property developer with hot-shot lawyers to make or else his shady deal included promises from the corrupt Council that registration was unnecessary). Thus from 2013 to late summer 2017 the option was unregistered. Then Cradley Speedway took an interest in the site and were in communication with SMBC employee Kerry Jones. Just three days later Knight Adams registered the option! Once again, this occurrence may have been a total coincidence but it is much more likely noting the crookedness of the "comrades" and Jan Britton's bent paid service that someone tipped him off. I posited the question - WHO did Kerry tell? It may be another amazing Sandwell coincidence but Kerry Jones is married to Neil Jones who works in.....go on, have a guess.... Sandwell Council's Legal Department - *just saying*!
If the Police ever pull their fingers out and get involved in all this they need to find out what went on inside the Council at this time.
Several weeks ago I proposed a conspiracy theory. In 2012/2013 Sandwell Labour fraudulently entered a legal contract with Knight Adams. For whatever reasons he was "land banking" and did nothing. Cradley Speedway put a spanner in the works. The useless Labour tossers then found they couldn't get out of the contract without a substantial payment to the developer (which they wouldn't mind as it is not their money and they love nothing more than pissing OUR money up the wall) and, more importantly for the comrades, considerable loss of face. Given the bizarre ramblings - especially of Dr Alison Knight (more anon) this theory looks more and more like being "on the money". What came out - insofar as it made any sense - was that the first option was, somehow, two options - a preliminary option and a secondary option - and the first phase is complete. The Cabinet and the full Council have now agreed to give Knight Adams a, er, brand new option WHICH HAS YET TO BE SIGNED! I am sending this post and the technical post to a number of Councillors since this second bent deal must be stopped NOW. At the very least, the second option should be considered in detail by the FULL Council (there is no question of commercial confidentiality since Cllrs Eling, Moore and Co have locked the whole of the rest of the world out of the deal to ensure their Tory donor pal hits the jackpot.)
I know excitement must be building but please contain yourselves a little longer since another important matter arises. Below is the footage from my phone of the hearing. I have complained to Jan Britton - the pathetic "Chief Executive" who has presided over years of fraud, cronyism and incompetence - about the crap sound in the Council chamber so that it is incredibly difficult to hear much from the public gallery. Last Thursday members of the public (including myself) complained that they could not hear what was going on. Cllr Liam Preece threw off the complaints by saying the meeting was being webcast and we could watch it later (hardly satisfactory nor compliant with our democratic right to attend and HEAR meetings).
I don't expect you all to plough through the video and the sound quality is terrible but do dip in, say, half way through as the performance of Dr Alison Knight is hilarious. The Chief Auditor Peter Farrow (a bloke who has several jobs which may explain how he has f*cked up in Sandwell where he and his "team" have missed fraud and false accounting for many years - including the £15m hole in the accounts which was repeated over many years) introduced his own whitewash report but as soon as questions started he did a classic body swerve and deferred to Ms Knight to answer. As this blog has disclosed Knight has been re-employed by the corrupt comrades despite being deeply involved in a monumental f*ck up first time round. (Labour sources say she is a member of the tiny group that constitutes the "Friends of Mrs Eling" which I am sure had nothing to do with her being re-employed despite her record!)
If you watch a bit of the video you will see her bumbling and stumbling performance. Take a look at the body language! Surjit Tour, Sandwell's highly controversial Monitoring Officer has to jump in and bail her out twice and you will see Darren Carter (the one who recently unlawfully suspended seven employees on false grounds) is also seen desperately whispering instructions to her. What an asset to the bent paid service!
With very, very careful listening through headphones I can make out much of the fiasco as it unfolded but as this bent deal will inevitably end up in court it is vital that the better sound on the webcast (which is also crap as it has a constant buzzing noise on it) is available but "lo and behold" bent the Sandwell webcast coverage starts AFTER this disaster. Coincidence or cover-up? I wrote to the disastrous Chief Exec copying in the Chair. Liam Preece who was kind enough to reply:
Me to Britton:
"I wrote to you some time ago about the appalling sound quality at SMBC meetings.. Unsurprisingly you have done nothing about the problem.
Last night members of the public protested when they could not hear the proceedings of the Audit Committee. The Chair, Cllr Preece, became tetchy about interruptions and said that people could listen to the webcast afterwards but that is not satisfactory as the public have a democratic right to attend public meeting.and listen to what is going on. In any event part of the meeting was not webcast anyway including the all-important Lion Farm agenda item.
Unless I get a satisfactory response I will approach deafness charities with a view to them funding an action for disability discrimination (I am partially deaf).
Cllr Preece has said the Lion Farm item will be put on the SMBC website today (hopefully with no edits). Clearly the masterplan failed spectacularly last night. It is inevitable that Lion Farm will eventually be the subject of court action and so I also require your confirmation that SMBC will retain the webcast for future reference in any legal proceedings."
Reply from Cllr Preece:
"Good Morning Jules,
Thank you for you attendance at the audit committee last night. Firstly, I'd like to apologise for becoming as you rightly put it 'tetchy' with that member of the public. I did ask Mr. Crockett to pass on my apologies to her when we adjourned.
I think reason why I became annoyed was that if people can't hear, the best I can do is to ask members and officers to speak clearly into their microphones, which I did more than once, if the problem persists I can't do anymore than that when I'm halfway through a meeting. That being said, it's not acceptable if the meetings can't be heard from the public gallery. Perhaps we could either reposition our existing speakers or invest in some new ones, that may solve the problem. There will be a cost to that of course which will need to be taken into account.
I will be asking officers to inform me when the full webcast is available today. I will expect that to exactly reflect the recording you have.
Sorry again if I came across as frustrated but I couldn't do anything more than what I did in the meeting to address the problem, I had to make do with what I'd got. I hope you understand that I can't allow a constant back and forth from the public gallery and keep the meeting in good order.
See you soon no doubt."
A few weeks ago, before Pete Durnell shafted me and forced me out of the Save Lion Farm Campaign Group, he suggested to me that we should forget about attacking Jeremy Knight Adams and the "deal". I said he must be crazy. Last Thursday I spoke to Cllr Preece and he said that any discussion at Audit was purely about the deal and could not touch on planning issues. As the hearing started I made an application to him to speak at the meeting but this was refused. However, Durnell had got Brian Crockett to speak on behalf of the Campaign Group with a five minute slot.
Crockett had the same brief ie stay off planning issues but completely ignored this. He did not use his full five minutes and wasted time at the beginning distancing the Campaign Group from the toxic politics promulgated by himself and Durnell. He said nothing at all about the deal and how it had come about which was the sole purpose of the agenda item. He made one very good point that building work on the designer village (just 13 miles from Lion Farm) had already begun. Thereafter he drifted lamely off onto planning issues - air quality, traffic congestion etc. Unsurprisingly as he had ignored the brief there were no questions to him from the Committee. As the hard core who read today's technical blog will see there are a host of questions that remain unanswered.
They key point is the meeting when Hussain and Hackett approved this bent deal was only quorate as Hussain failed to declare his relationship with Jeremy Knight Adams and recuse himself from the hearing. The original decision was therefore unlawful and so nothing done afterwards can make it legal unless - as the liar Eling is trying to do - they give their Tory pal a completely new option!
After Crockett Peter Farrow introduced his whitewash report but, as above, quickly ducked any questions. Far be it for this blog to praise Cllr Bob Piper but, fair play, he did start asking pertinent questions and had "Dr" Knight looking like she had swallowed a powerful laxative. He was on the money when he asked how the circle of initial illegality could be squared with trying to create a legend now to put past wrongs right. He asked pertinent questions about the option but was greeted with a lot of absolute sh*te about original and secondary options. If you will forgive me - as this is all vitally important - I will borrow one part of the technical blog content as Tour and Knight are pissing down our legs and telling us it is raining and this goes to the core of the matter:
"Report paragraph 3.10 (very important): The agreement gave the developer 12 months within which to begin preliminary development steps, with an option to extend for a further 12 months. The agreement also provided for a secondary option agreement to be entered into between the parties, if the developer complied with the obligations set out above. Essentially this meant that the option agreement would be extended beyond the two year period whilst this was finalised. The original report gave a total of two years for the option (12 months plus a further 12 months) but the wording of the legal agreement meant this could be extended. This was agreed with the developer but was not returned to Cabinet until November, 2017. The main terms of the secondary option were included within the 2013 Agreement, but the detailed wording was to be agreed between the parties (and still is to be agreed.)
Question: This is absurd. The original decision of the Council Asset Management Committee (AMLD) was unlawful. But in the infamous two minute long Cabinet meeting of January, 2013 the decision was endorsed as follows:
Resolved:
(1) that the Director - Legal and Governance Services [Neeraj Sharma] be authorised to prepare and complete an option agreement for a period of 12 months from the date of the agreement with Jeremy Knight Adams of Hampton Properties in relation to Lion Farm Playing Fields Oldbury on terms and conditions to be agreed by The Area Director - Regeneration and Economy;
(3) that the Area Director - Regeneration and Economy be authorised to extend the twelve month period referred to in resolution (1) for a further 12 months.
It is extraordinary that a huge multi-million pound deal could be dealt with in this way but the fact remains that neither the AMLD, Cabinet or full Council delegated power for more than 24 months (ie to May, 2015). Thus Sharma and Bubalo had no power delegated to them to extend the option beyond May, 2015 whatever agreement they secretly made with the developer. In the premises, the so-called "supplementary option" was ultra vires their powers and so unlawful.
What appears to be the case here is that SMBC have made a hash of wording the 2013 agreement and JKA is trying to assert his rights hence "but the wording of the legal agreement meant this could be extended." The 2013 option was unlawful and also ultra vires. Have SMBC taken independent legal advice from external solicitors and/or Counsel on the legality of (a) the option and (b) the option after it had lapsed in May, 2015 and had NOT been extended by the AMLD, Cabinet or full Council? If not, why not? Was similar advice taken in respect of the alleged "secondary" option insofar as it was not, in fact, unlawfully part of the 2013 Agreement?
Has JKA his servants or agents threatened SMBC with legal action to enforce any rights he purports to have under the 2013 agreement? If yes, please provide details.
SMBC say there was no communication with JKA, his servants or agents, for several years so please explain how "this was agreed with the developer" ie that the option could be extended beyond 12 months? Who purported to agree the ultra vires extension? How was the agreement made? Was this approved by the AMLD, Cabinet of Full Council?"
As Knight floundered Tour made the admission that the "new" option or the alternative "varied secondary option of the original option" (bollocks) had yet to be signed and so there is still time to revisit this deal with the matters set out in the technical blog being properly dealt with.
Another matter arises from Farrow's attempted whitewash. Remember the Cllr Ian Jones show trial? Farrow says it is perfectly lawful to sell Council property to a sole buyer (!) How the bent Council can show it has then complied with the law requiring it to get best value is not explained by the myopic auditor. So even though SMBC did not advance the argument that they didn't get best value when selling the Florence Road, Smethwick plot to Rouf's son, Jones was held to be in breach of standards for removing the property from auction (which he only did because the late Leader, Dickhead Darren Cooper ordered him to do). There has been no marketing of the property here nor any sort of competitive tendering - Hussain introduced his pal to SMBC and they did a deal with him cutting everyone else out. Farrow says this is all perfectly lawful despite the deal done between Hussain's son and JKA. Let's see when this matter eventually fetches up in Court!
The grand finale was spectacular on Thursday. The Chair, Cllr Preece, asked the flailing Knight if the original deal had not just been a terrible "mistake" (yes, is the answer and it is going to cost the people of Sandwell dear and cause irreparable harm to the Lion Farm community if the comrades do not see sense and get a grip.) The good "Dr" looked as if she had finally shed her load and plaintively whined that she had not been part of the original decision making process and the question was not appropriate to ask an officer (even though she IS the officer trying to ensure the destruction of The Fields)! This would all be very funny if it wasn't so desperate....
I will update this post with any accurate quotes when the webcast is available. Keep fighting folks - this is a bent deal and we - or the Police - have to stop it. Maybe some of the comrades will see sense and follow up the lead of Cllrs Piper and Preece but don't bank Rouf's house on it!
And where is Spellar MP in all this?
They key point is the meeting when Hussain and Hackett approved this bent deal was only quorate as Hussain failed to declare his relationship with Jeremy Knight Adams and recuse himself from the hearing. The original decision was therefore unlawful and so nothing done afterwards can make it legal unless - as the liar Eling is trying to do - they give their Tory pal a completely new option!
After Crockett Peter Farrow introduced his whitewash report but, as above, quickly ducked any questions. Far be it for this blog to praise Cllr Bob Piper but, fair play, he did start asking pertinent questions and had "Dr" Knight looking like she had swallowed a powerful laxative. He was on the money when he asked how the circle of initial illegality could be squared with trying to create a legend now to put past wrongs right. He asked pertinent questions about the option but was greeted with a lot of absolute sh*te about original and secondary options. If you will forgive me - as this is all vitally important - I will borrow one part of the technical blog content as Tour and Knight are pissing down our legs and telling us it is raining and this goes to the core of the matter:
"Report paragraph 3.10 (very important): The agreement gave the developer 12 months within which to begin preliminary development steps, with an option to extend for a further 12 months. The agreement also provided for a secondary option agreement to be entered into between the parties, if the developer complied with the obligations set out above. Essentially this meant that the option agreement would be extended beyond the two year period whilst this was finalised. The original report gave a total of two years for the option (12 months plus a further 12 months) but the wording of the legal agreement meant this could be extended. This was agreed with the developer but was not returned to Cabinet until November, 2017. The main terms of the secondary option were included within the 2013 Agreement, but the detailed wording was to be agreed between the parties (and still is to be agreed.)
Question: This is absurd. The original decision of the Council Asset Management Committee (AMLD) was unlawful. But in the infamous two minute long Cabinet meeting of January, 2013 the decision was endorsed as follows:
Resolved:
(1) that the Director - Legal and Governance Services [Neeraj Sharma] be authorised to prepare and complete an option agreement for a period of 12 months from the date of the agreement with Jeremy Knight Adams of Hampton Properties in relation to Lion Farm Playing Fields Oldbury on terms and conditions to be agreed by The Area Director - Regeneration and Economy;
(3) that the Area Director - Regeneration and Economy be authorised to extend the twelve month period referred to in resolution (1) for a further 12 months.
It is extraordinary that a huge multi-million pound deal could be dealt with in this way but the fact remains that neither the AMLD, Cabinet or full Council delegated power for more than 24 months (ie to May, 2015). Thus Sharma and Bubalo had no power delegated to them to extend the option beyond May, 2015 whatever agreement they secretly made with the developer. In the premises, the so-called "supplementary option" was ultra vires their powers and so unlawful.
What appears to be the case here is that SMBC have made a hash of wording the 2013 agreement and JKA is trying to assert his rights hence "but the wording of the legal agreement meant this could be extended." The 2013 option was unlawful and also ultra vires. Have SMBC taken independent legal advice from external solicitors and/or Counsel on the legality of (a) the option and (b) the option after it had lapsed in May, 2015 and had NOT been extended by the AMLD, Cabinet or full Council? If not, why not? Was similar advice taken in respect of the alleged "secondary" option insofar as it was not, in fact, unlawfully part of the 2013 Agreement?
Has JKA his servants or agents threatened SMBC with legal action to enforce any rights he purports to have under the 2013 agreement? If yes, please provide details.
SMBC say there was no communication with JKA, his servants or agents, for several years so please explain how "this was agreed with the developer" ie that the option could be extended beyond 12 months? Who purported to agree the ultra vires extension? How was the agreement made? Was this approved by the AMLD, Cabinet of Full Council?"
As Knight floundered Tour made the admission that the "new" option or the alternative "varied secondary option of the original option" (bollocks) had yet to be signed and so there is still time to revisit this deal with the matters set out in the technical blog being properly dealt with.
Another matter arises from Farrow's attempted whitewash. Remember the Cllr Ian Jones show trial? Farrow says it is perfectly lawful to sell Council property to a sole buyer (!) How the bent Council can show it has then complied with the law requiring it to get best value is not explained by the myopic auditor. So even though SMBC did not advance the argument that they didn't get best value when selling the Florence Road, Smethwick plot to Rouf's son, Jones was held to be in breach of standards for removing the property from auction (which he only did because the late Leader, Dickhead Darren Cooper ordered him to do). There has been no marketing of the property here nor any sort of competitive tendering - Hussain introduced his pal to SMBC and they did a deal with him cutting everyone else out. Farrow says this is all perfectly lawful despite the deal done between Hussain's son and JKA. Let's see when this matter eventually fetches up in Court!
The grand finale was spectacular on Thursday. The Chair, Cllr Preece, asked the flailing Knight if the original deal had not just been a terrible "mistake" (yes, is the answer and it is going to cost the people of Sandwell dear and cause irreparable harm to the Lion Farm community if the comrades do not see sense and get a grip.) The good "Dr" looked as if she had finally shed her load and plaintively whined that she had not been part of the original decision making process and the question was not appropriate to ask an officer (even though she IS the officer trying to ensure the destruction of The Fields)! This would all be very funny if it wasn't so desperate....
I will update this post with any accurate quotes when the webcast is available. Keep fighting folks - this is a bent deal and we - or the Police - have to stop it. Maybe some of the comrades will see sense and follow up the lead of Cllrs Piper and Preece but don't bank Rouf's house on it!
And where is Spellar MP in all this?
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Jules Saunders, 11 Chelworth Road, Birmingham B38 0BG
Email: thesandwellskidder@gmail.com
Email: thesandwellskidder@gmail.com
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