PHYLLIS DUNIPACE
Theft Act
Theft in breach of trust
PARTICULARS OF OFFENCES
That Phyllis DUNIPACE, a council
officer with the London Borough of Lambeth, between 15 November 2006 and 25
September 2013, conspired with others to steal from Brian Pead and that she and
they did in fact steal property belonging to Brian Pead, namely counselling
books, personal development books, psychology books, business development
books, teaching books, educational management books, personal photographs of
grand-children, a pair of shoes, a briefcase and various other items including
computer files valued together at approximately £800 pounds GB sterling.
These
thefts of property were taken with the intention of permanently depriving Brian
Pead of property belonging to him.
These
thefts were in breach of the trust placed in her/ them as an officer/s of the
Council.
Misconduct in Public Office
That Phyllis Dunipace, an
Executive Officer of the London Borough of Lambeth, between the days of 15
November 2006 and 25 September 2013, wilfully neglected to perform her duty and
wilfully misconducted herself to such a degree as to amount to an abuse of the
public’s trust in the office holder without reasonable excuse or justification.
Perverting the Course of Justice
Phyllis
Dunipace, a Council Officer for Lambeth Council, on days between 15 November
2006 and 25 September 2013, with intent to pervert the course of public
justice, did a series of acts which had a tendency to pervert the course of
public justice in that she - with her knowledge and consent - :
(i)
stole valuable
property from Brian Pead
(ii)
claimed that she
was working with the authority of Lambeth Council in conducting an
investigation into mis-founded and spurious allegations against Brian Pead made
up after he had reported child abuse, bullying and racism to his superiors (who
failed to act)
(iii)
provided false
information to a Disciplinary Hearing, an Appeal against dismissal, an
Employment Tribunal, police officers and others who were tasked with
investigating the offences
(iv)
provided false
information to Brian Pead
(v)
conspired with
others to commit theft, abuse their position of trust, and falsely imprison Mr
Brian Pead
(vi)
conspired with
others to cause actual bodily harm to Brian Pead
(vii)
conspired with
others to harass Brian Pead
(viii)
conspired with
others to falsely imprison Brian Pead on a number of occasions
(ix)
failed to report
child grooming, racism and bullying within a Lambeth pupil referral unit called
the OLCVS
Harassment
Phyllis
Dunipace, a Council Officer for the London Borough of Lambeth, on days between
15 November 2006 and 25 September 2013, did pursue a course of conduct
amounting to the harassment of Brian Pead and did cause him and his daughter and
grand-children alarm and distress contrary to the Protection from Harassment
Act 1997.
Fraud by failing to disclose
information
Phyllis
Dunipace, an Executive Council Officer for the London Borough of Lambeth, on
days between 15 November 2006 and 25 September 2013, did commit fraud by
herself (and with others) by deliberately failing to disclose documents to
Brian Pead, to the police, to an Employment Tribunal, and to the Courts,
contrary to the Fraud Act 2006.
Fraud by abuse of position
Phyllis
Dunipace, an Executive Council Officer for the London Borough of Lambeth, on
days between 15 November 2006 and 25 September 2013, did abuse her position as
a Council Officer in that she authorised a series of crimes and human rights
abuses to be perpetrated against Brian Pead and pursued a course of conduct
amounting to the harassment of Brian Pead which she knew, or ought to have
known, would cause him and his daughter and grand-children alarm and distress,
contrary to the Fraud Act 2006, the Protection from Harassment Act 1997 and the
Human Rights Act 1998.
Fraud by false representation
Phyllis
Dunipace, a Council Officer for the London Borough of Lambeth, on days between
15 November 2006 and 25 September 2013, did authorise others in her control to
unlawfully dismiss Brian Pead, make false representations and provide false
documents to other Council officers and employees, to the police, to an
Employment Tribunal, to the Independent Safeguarding Authority, and to the
Courts in relation to Brian Pead, contrary to the Fraud Act 2006.
Breaches of Computer Misuse Act 1990
Phyllis
Dunipace, a Council Officer for the London Borough of Lambeth, on days between
15 November 2006 and 25 September 2013, did authorise the modification of the
contents of a computer used by Brian Pead in that she authorised the removal of
the contents of that computer’s hard drive, upon which were documents necessary
for a bona fide employment investigation
to take place and over which she was presiding, contrary to section 3(1a) of
the Computer Misuse Act 1990.
Misuse of Public Funds
Phyllis
Dunipace, an Executive Council Officer for the London Borough of Lambeth, on
days between 15 November 2006 and 25 September 2013, did misuse public funds in
perpetrating crimes against Brian Pead and in allowing crimes and human rights
abuses to be perpetrated against Brian Pead.
Multiple Counts
That
Phyllis DUNIPACE also repeated these offences in the case of James R. Walker
–v- London Borough of Lambeth.
Mr
Walker was the former Head Teacher of Henry Fawcett Primary School in
Kennington in the London Borough of Lambeth.
James
Walker was sacked from Henry Fawcett Primary School in Kennington over claims
of bullying and after raising concerns about its budget. Lambeth Council was
determined to remove him, the South London Employment Tribunal heard.
But
Mr Walker said it was "a disgrace that Lambeth has used public funds to
push me out of my job, and I hope the actions of those responsible for this
waste will be thoroughly investigated".
The
Employment Tribunal criticised two senior education officers - Cathy Twist and Claire
Cobbold.
Barry
Gilhooly, a former assistant director at Lambeth who carried
out the investigation into the allegations against Mr Walker, was also
criticised by the tribunal which found his investigation was flawed.
Simon
Hughes, MP for Bermondsey
and Old Southwark, said: "...I have rarely found a tribunal as willing to
condemn as many people, senior people who came before them, for not telling the
truth. This is not good enough..."
Source:
<http://www.bbc.co.uk/news/uk-england-london-16009828>
The
local Labour MP, Kate Hoey, said Lambeth Council objected to Mr Walker for
"resisting their policies." But an employment tribunal said the
bullying allegations were a "stalking horse" to remove him and the
investigation one-sided. The hostility of the council towards Mr Walker
"bordered on callousness". He won his claim for unfair dismissal. Far
from being the perpetrator of bullying, Mr Walker has been on the receiving end
of astonishing municipal bullying...”
Phyllis
Dunipace “...commissioned a report written by
consultant Tom Walker in February
2009 outlining a strategy for removing James Walker from his post...” http://kenningtonnews.blogspot.co.uk/2011/08.
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