Adverse Inferences

Response to this request is long overdue. By law, under all circumstances, Copeland Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Copeland Borough Council,

I am sure that the Council will be aware of the principle of adverse inferences. That is to say that “A court can draw an adverse inference from a defendant's silence “

An inference from failure to give evidence (e.g from the CBC through a FOI) cannot on its own prove guilt. However there is a legal principle that if there is an established case to answer it can be possible to draw an inference of guilt from silence.

Perhaps the only sensible attribution to your having no answer to certain FOIs, or none that would stand up to cross-examination, is that we may draw an adverse inference on the issues raised that you refuse to answer.

After all the CBC fails here to make speedy disclosure of any genuine defence or any fact which may go toward establishing a genuine defence to the suggestions in my FOI’s, and those of others, of apparent improper conduct.

So, Clifford, if the CBC refrains from answering my FOI’s, and those of certain others, you may find that the public will draw its own adverse inferences.

Would the Mayor, Councillors Gill and O’Kane like to encourage you to provide an honest response or shall we all draw adverse inferences?

Ask your Solicitor about these principles

If there remains no open and honest response to my FOI's then your silence may be taken as being an indication that the suggestion in those FOIs is correct.

It is now up to CBC

Please provide the information requested

Yours faithfully,

Ann Wilson

info@copeland.gov.uk, Copeland Borough Council

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