Decision to impose three-year election ban on former Belfast councillor Jolene Bunting to be quashed
A decision to impose a three-year ban on former Belfast councillor Jolene Bunting seeking re-election is to be quashed, a High Court judge ruled today.
Mr Justice Simpson held she was denied a fair hearing at an adjudication process where she had expressed fears about facing the leader of far-right party Britain First.
The case against her will now be sent back for reconsideration by a different panel of the Northern Ireland Local Government Commissioner for Standards.
In 2023 the watchdog body disqualified Ms Bunting from holding public office as a councillor for a three-year period over a breach of its code of conduct.
The sanction followed a determination that she doctored a payslip in a bid to obtain cash from Britain First.
An investigation into her conduct was based on a complaint lodged by Paul Golding, leader and co-founder of the political grouping.
He claimed his party sent Ms Bunting money to cover an alleged fine from Belfast City Council for a publicity stunt involving its ex-deputy leader, Jayda Fransen. Ms Fransen had been filmed making a statement while wearing robes and sitting in the lord mayor’s chair at City Hall in 2018.
But the tribunal was told that a £545 deduction in Ms Bunting’s council pay was actually because she exceeded the data allowance on her mobile phone.
The Commissioner held she improperly used her position to secure financial advantage by amending her payslip to gain from Mr Golding and Britain First, bringing her position as a councillor into disrepute.
Ms Bunting, a former independent unionist councillor, denied the allegations throughout the process and also made a last-ditch attempt to halt the February 2023 hearing.
Her legal challenge centred on a refusal to grant her that adjournment in order to secure legal representation.
Ms Bunting did not attend the tribunal, but sent an email the previous evening setting out her failure to obtain a lawyer or receive necessary documents.
She also referred to Mr Golding as someone who had caused her “great consternation and anxiety over the last number of years”.
Ms Bunting claimed to be “genuinely in fear” and not emotionally ready to face the Britain First leader.
Appealing the disqualification decision, her barrister Ronan Lavery KC told the High Court she had been denied a fair hearing.
Counsel also submitted that her asserted fear of Mr Golding was reasonably based on his convictions for offences under hate crime legislation and harassment aggravated by religion.
A television documentary covertly recorded him admitting to assaults on two women, the court heard.
Lawyers representing the Commissioner insisted Ms Bunting had an opportunity to make oral submissions for an adjournment, with multiple attempts made at the time to facilitate her.
However, Mr Justice Simpson identified an apparent lack of consideration for the former councillor finding herself deprived of legal representation and advice at the eleventh hour.
Based on her expressed fear of Mr Golding, the judge indicated she had found herself without a lawyer to help alleviate any concerns.
“There was no reference either to the issue of fear, or the potential effect on the appellant at finding herself unrepresented at the last minute,” he said.
Identifying an error of law in the decision, Mr Justice Simpson held that a proper consideration of the issues raised may have resulted in a different conclusion.
“I consider, therefore, that in the circumstances of this case the whole of the adjudication hearing was unfair,” he confirmed.
“I allow the appeal and quash the decision of the Assistant Commissioner.
“The matter will be remitted for consideration by a different decision-maker.”