Attention: Election Legal
Challenge
I wanted to write to thank all of our supporters, many of
whom have been very generous in their support for us standing in this
election. We did deliver a reasonable campaign for a small party,
with two leaflet drops to most houses and also an active campaign by
some of our supporters, including Graham Moore, aka Daddy
Dragon.
Our campaign was greeted enthusiastically by many people
within the English part of Batley & Spen. Even when we got into
the count it looked like that, although we were not of course going to
win the election, we were going to get votes significantly larger than
any of the other patriotic parties. In the declared result however
the position was as follows:-
Name |
Party |
Count |
Kim
Leadbeater |
Labour
Party |
13,296 |
Ryan
Stephenson |
Conservatives |
12,973 |
George
Galloway |
Workers
Party |
8,264 |
Tom
Gordon |
Lib Dems |
1,254 |
Corey
Robinson |
Yorkshire
Party |
816 |
Therese
Hirst |
English
Democrats |
207 |
Jack
Thomson |
UKIP |
151 |
Howling Laud
Hope |
Loony
Party |
107 |
Mike
Davies |
All. Green
Socialism |
104 |
Paul
Bickerdike |
Christian P.
A. |
102 |
Jonathan
Tilt |
Freedom
Alliance |
100 |
Anne Marie
Waters |
The For Britain
Movement |
97 |
Andrew
Smith |
Rejoin
EU |
75 |
Ollie
Purser |
Social Democratic
Party |
66 |
Jayda
Fransen |
Independent |
50 |
Susan
Laird |
Heritage
Party |
33 |
The Batley & Spen By-election result at first instance
seemed a bit of a disappointment, but it turns out that there had been
all sorts of shenanigans going on in this heavily Labourone party
state area.
After the count George Galloway immediately came out and
said that he was intending to challenge the result in court, as he
felt there had been numerous improprieties in the way that the Labour
Council had acted and also the Labour candidate. My view is that he
has a strong case and we are working to help him overturn the result
in court.
Doing so will inevitably cost money, however it is vital
that Labour is not allowed to get away with election rigging, which
seems to be all too often its basic reaction to any serious electoral
challenge.
Several people have made Witness Statements, but I think
you will be most interested in what our candidate, Therese Hirst has
to say. Here is her Witness Statement:-
1. I make this statement in support of the
Claimant’s case to set aside the election for Batley & Spen
Parliamentary Constituency.
2. I was a candidate standing in the Batley and
Spen By-Election which took place on 01 July 2021, at Cathedral House,
St. Thomas’ Road, Huddersfield, HD1 3LG on behalf of the English
Democrats party. I am a retired teacher of Religious Education and
have a PGDL from the College of Law, York and do pro-bono work in the
community. I am also Deputy Chairman of the Party.
3. I was campaigning along with my team in the
Victoria Market Square in Birstall, Batley on Sunday,
27th June 2021 around 11:30am and was waiting for some of
our volunteers to arrive so we could discuss our strategy for that
day. I can’t recall the exact time.
4. Although I wasn’t paying too much attention
at the time, as I was chatting to some of the volunteers who had
turned up to help us that day, I recall overhearing Graham Moore, who
was the campaign team organiser for the English Democrats, say that he
was going to go over to the bar that was open across the road to see
if he could use their toilet. It is called CJ’s Style Bar.
5. He returned quite quickly so I knew there
must be something wrong. He told us he had been refused entry because
the landlord didn’t want any “Far-Right” people in his pub; and that
he “didn’t want our sort in there”. He was rather angered about this
and said that “this [was] a human rights issue”, as “the English had a
right to self-determination under International Law and cannot be
discriminated against”. “And this is discrimination this is”. Or words
to that effect. He resolved to take the matter further.
6. I needed to use the toilet and was thirsty
myself so I thought twice about going over as I thought that I would
not be allowed in either. However, I felt rather annoyed over what had
happened, and felt that my name had been tarnished unfairly and that
of my party that I was represented, so I decided to go over and hope
that the landlord would let me in. After all, I believe myself and
those with whom I associate to be decent and respectable people, and I
needed to challenge this gross unfairness. I was hoping that the
landlord wouldn’t refuse a couple of ladies, especially as I am
disabled, so Val Phillips and I decided to try and get served.
7. As I’d never been in the premises before I
did not notice the hand sanitisers or the book that had been placed on
the counter for COVID precautions, but once I did, I apologised,
smiled, sanitised my hands and wrote my details in the book. The
atmosphere was rather tense and hostile, so I felt a little
intimidated but not daunted.
8. I asked the bartender (who I later realised
was the landlord) for a diet coke, but he refused on the grounds that
they were full and were waiting for some other regulars to turn up who
had a prior booking. I said that we wouldn’t be long, but he still
refused. So, I politely asked if I could have a drink to take away,
but he refused on the grounds that he didn’t have a licence.
9. As Val Phillips and I weren’t at all
convinced that either of this was the case, as we looked round the
snug and counted only a few people socially distancing, I decided to
question his position an so I told the landlord that, “I bet he didn’t
even know enough about me and what I stood for to even write it on a
post-it note, only what other people had told him about us. I told him
that I regarded myself as standing for a party that represented
England and the people of this country and that I was neither Left nor
Right, just English” – and pointed to my rosette. I also said that,
“I had every right in a democracy to be able to campaign as was any
other candidate in this election”.
10. He did not reply but I could tell that he
thought we were decent people and that he was starting to change his
mind. I still felt a little intimated because the whole room was
completely silent, and I knew that everyone was looking at us.
11. I explained that we only wanted a quick drink
and to use his toilet and weren’t looking to cause any trouble.
12. He finally relented and we ordered our drinks.
A young man, who I later realised was the landlord’s son, kindly gave
up his stool for me to sit on.
13. My colleague then went to the toilet and I was
left feeling rather isolated. However, I tried to be convivial and
smile and make everyone around me feel comfortable as there was still
rather an awkward atmosphere. On her return I decided that I would go
to the toilet too but Val Phillips warned me there were some steep
steps and I might find it difficult. As I needed to use the toilets, I
decided I didn’t have any alternative as the premises were too small
to cater for people with disabilities.
14. I was on my way slowly back upstairs when the
landlord appeared from behind. He was very polite and concerned about
me having difficulty getting up the steps. He told me a little bit
about the history of the building, and we started to chat about the
difficulties his business was facing with the pandemic.
15. I apologised if he thought that we were there
to cause him any trouble and assured him that our intentions were
good. It was then that he confessed that “[he] had been told by the
police, as had every pub in the area, not to let anyone in that they
didn’t know during that weekend as there might be trouble due to the
fact they were expecting a large number of Far-Right groups to be
coming up to the area”. Or words to that effect.
16. He also explained that he doesn’t allow any
politics in his pub as it’s only very small and he doesn’t want people
falling out. I appreciated his point of view. He also did say that he
did actually have people booked in as they usually do that. I thought
he was trying to make me feel better about what had happened.
17. He further explained that he had had some
trouble the night before and was a little wary when we came along. He
didn’t explain further and I didn’t ask. I completely understood his
point of view. He also said that as a landlord he had the right to
refuse entry into his pub to anyone and that he wasn’t discriminating
against anyone.
18. To my surprise he said that he was fearful of
getting points on his licence and ending up losing it. I asked, “what
do you mean?” He explained when there’s ever any trouble in a pub the
landlord gets penalised and points put against his licence, and when
there’s a certain amount his licence is taken away. At that point I
completely understood why he was wary when we turned up.
19. I explained to him that we had heard a similar
thing - that, some Far-Right groups were coming up to Batley that
weekend and we had decided to keep away from Batley as we did not want
to get embroiled in any unrest that might erupt. Being a local
candidate, the last thing I wanted was that kind of trouble on our
doorstep, or for myself and the party to end up getting a bad
reputation. We had a little chat about where we were both from and
laughed when we realised, we only lived down the road from each
other.
20. I felt the atmosphere had completely changed
and I was pleased that things were much more friendly.
21. Val Phillips and I then quickly had a few
further sips of our drink and said our goodbyes to everyone. We then
had a lovely chat about the election with one of the young men who was
having a drink in the pub but who had gone outside to have a
cigarette. Then we re-joined the rest the group feeling much more
positive about the whole encounter. We discussed our plans for the
day, gave everyone a specific job to do leafletting, and then everyone
left.
22. On the afternoon of election day, I had
arranged to meet up with John Lawrence whom I had met previously
during the election campaign, but not before then, to meet up for a
half an hour or so because he was going to be at Victoria Market
Square, Birstall to do some more filming and interview potential
voters. He had come from Oldham to do some freelance journalism
throughout the election campaign, and said that it might be a good
opportunity to do one last bit of campaigning. So I said that I would
join him and his colleague there.
23. I arrived around 4:30pm and met up with him and
his colleague, Peter. I do not know his surname. They were chatting
with members of the Freedom Alliance Party who had set up a stall
there. We introduced ourselves and chatted about how our campaigns
were going. I decided to do one final bit of campaigning and spoke for
a few minutes through the loud-hailer I had brought with me.
24. I had noticed the landlord sitting by the
doorway to his pub with the doors open as it was a very warm day and I
decided it would only be the decent thing to do and go and say,
“Hello”. He was really warm and welcoming and invited me to sit next
to him, so I did. We had a really lovely chat about how I felt the
campaign was going and three or four other gentlemen, who were
enjoying a beer, joined in the conversation. I said that I was
extremely happy about the way it was going and that we had had a lot
of very positive feedback, more than I’d experienced in the past. I
said that I hoped this would translate into votes but one never knew
if that would be the case.
25. I couldn’t have been more delighted that I had
now won him over and that people in the pub were more than happy to
chat about the election and politics. I recall one gentleman telling
me that he didn’t think much of Labour anymore and that he wouldn’t
know much about them. I told him that this was the kind of feedback we
had been getting, that people were fed up with the Labour party and
wanted a change from the usual parties.
26. As I needed to get back home and rest up before
I headed to the count later in the evening, I said my farewells and
thanked the landlord for his kindness. We shook hands which I found to
be a lovely gesture. I said my goodbyes to John Lawrence and everyone
else and went home.
27. I arrived at the count around 10:30pm but
members of my campaign team were already there for the doors opening
at 10:15am. There was some commotion going on with several people in
the car park and what appeared to be officials from the Kirklees
council and two security guards who were asking them to leave. I
recognised two of those involved as they had been filming and reported
on the election campaign and had filmed and interviewed me during
it.
28. I knew that John Lawrence, one of the reporters
was going to be there in the car park as he said he had wanted to do
some filming, and I recognised him straight away. I had never met him
before this election campaign but I have found him to be an honest and
caring person whose only interest is telling the truth and presenting
people with the facts.
29. As I was needing a disabled parking spot, I was
able to park near the entrance to the building. When I got out of the
car, I seem to have been surrounded by people and found it a little
intimidating. John Lawrence was happy to see me and he told me that
they were being asked to leave as they were not allowed in the car
park. I think he said one of their team had been allowed into the main
building a little earlier but then was asked to leave when election
officials didn’t want them to see what was going on. I later learned
that two of their number were registered as journalists with the
Workers of England Union.
30. I then saw a member of my campaign team, Graham
Moore, who was there as an official guest, and had a pass, walking
across from the entrance of the building to try and intervene and
provide assistance. Several police officers, I think five in number,
approached but did not intervene. I heard him asking a male official,
who he was and what authority did he have to demand that these people
leave the car park. The official was dressed in a light blue shirt
with his sleeves turned up and his tie tucked inside, and dark
trousers but no lanyard – as far as I can recall. The official refused
to answer but repeated his demand that they leave as they were
trespassing. Graham Moore explained that they had a right to be there
as they were members of the press and were covering the election count
to ensure its integrity.
31. I can recall being at several election counts
where no-one was ever asked to leave the car park even though, on one
occasion, a large group of males had congregated outside the entrance
and had been behaving in a threatening manner – let alone members of
the press – so I found this to be rather worrying and unfair.
32. I intervened and spoke to one of the security
guards who was becoming rather forceful and asked him what was going
on and told him that I thought they had every right to be there. He
explained very politely that “[he] was just doing his job”, and I said
that I understood his position but disagreed.
33. It was shortly after this that I saw the police
officers start to move a little closer and realised that things might
turn rather ugly, so I quickly tried to diffuse the situation and
explained to the officers what was happening might not be illegal and
that I didn’t believe these people were trespassing. I asked one of
the male officers, “Have I done anything wrong officer?” He was very
polite and said they were just keeping an eye on the situation. I told
him that it was my opinion that once any premises had been hired by a
local authority for election purposes, they were now public rather
than private spaces, except where the counts were taking place, and
that members of the press had every right to cover the election
process.
34. The officer, again very politely, said that “at
the moment this is a civil matter but it is looking as though it might
become a criminal one. And once that happens, we will start to make
arrests”. As I was rather concerned not to worsen the situation, I
thought that I had better leave. I also needed to get into the count
and thought there was nothing more I could really do to help. I hoped
that things would be resolved and matters not escalate further. I had
terrible visions of there being arrests and this being splashed all
over the local papers.
35. To make matters worse, I had problems actually
getting into the building and through security. Security on the door
refused to allow me to bring my small flask of coffee and a can of
diet-coke in with me, which was in a tiny white plastic bag. I
protested politely and explained that I hadn’t read that I couldn’t
bring my own beverages into the venue in the literature I had received
from the electoral office and was surprised that they wanted me to
leave it in the entrance.
36. I recall quite clearly that reference was only
made to bags of a certain size being searched, not that you weren’t
able to bring your own drinks in with you. So, it never crossed my
mind that I couldn’t bring my own with me. This had never happened to
me before. When I attended the verification and count for the West
Yorkshire Mayoral Elections at the Leeds Arena, just a few weeks
earlier, my bag was searched along with everyone else’s but I was
still allowed to bring my own drinks in with me. I just thought they
were trying to make my life as difficult as possible for me.
37. I had brought my own drinks with me because I
knew the café didn’t open until midnight and I suffer badly from a dry
mouth due to the medication I take and always have a drink with me –
even in my car. Despite telling the security guards this, they were
insistent that I leave them in the entrance. They said I could buy
some water when I got inside but I told them that I didn’t like cold
water – which is true, as I prefer to drink flavoured water. But that
didn’t change their minds. Another official came across, it was the
same person who I had seen outside telling the journalists he wanted
them to leave, and he asked for my pass and told me I couldn’t take my
drinks in and had to leave them at the entrance. I felt a little
harassed and bullied by this time.
38. Two members of my team, Antony Connell and Mark
Millican, who were already inside the building noticed what was
happening as they were expecting me and came to try and reason with
security as they could see I was having problems. I took a quick drink
from my diet-coke as I was extremely thirsty due to the rather
stressful situation, I had found myself in, and decided that there was
no point in trying to reason with them and left my drinks and carrier
bag on the floor by the wall.
39. The downstairs corridor was quite quiet, and
although I had been to that venue before, I wasn’t sure where to go
and there were no clear signs. I recognised the place where the
previous ballots were counted and went inside to have a look. There
was nowhere we could sit and as there wasn’t much going on, we decided
to head for the café bar area. I needed to sit down as I have numerous
health problems, including problems with my mobility, and use a
walking aid, and there were numerous empty tables and chairs we could
sit on. Looking back now I wonder whether the lack of seating was to
deter people staying in the room too long and observing what was
happening.
40. A few minutes later Graham Moore joined us,
rather exasperated, and told us more about the situation we had
encountered in the car park. To my surprise he informed us that they
had video footage of what appeared to be election irregularities with
the ballot boxes and ballot papers that were being delivered by truck
and cars in an adjacent room, and that they would be taking the matter
further.
41. Apparently, they had witnessed postal votes
being carried in in bin liners and he had been refused access to
witness the opening of the seals on the ballot boxes themselves. As
far as I am aware none of this is in keeping with electoral law and
procedure.
42. A little later I decided I’d better go see what
was happening on the floor of the count. They were conducting the
count verification at this time. The hall was largely empty except for
those conducting the count. I stopped at the first counting table to
watch a young lady sorting out the ballot papers that had been strewn
across the table in large piles. I couldn’t work out what she was
actually doing, and she was going very slowly, but it appeared to me
from the ballot papers that she was sorting them by the cross mark
placed against the Conservative candidate. As I thought I must be
mistaken, I wandered along to the next desk on my right and saw a
similar thing. I did not do or say anything about this at the time,
just noted that I thought it was rather odd. I now wish I had.
43. I also noticed that the room wasn’t set out as
I was familiar with. The count floors are usually divided clearly into
wards within the constituency. There are 6 wards within the Batley and
Spen constituency. However, on this occasion the sections were simply
divided up into units described as Unit 1 and so on. The labels were
placed in the middle of sections, clearly visible. Whereas, in the
past the names of the wards would be clearly labelled and visible
around the perimeter of each section.
44. As far as I am aware, the ballot boxes arrive
at the count from each of the polling stations when the voting has
closed and are then sorted by ward and brought to the appropriate
counting area on the floor. I do not know what the procedure was in
place on this occasion, as it would clearly have had to be done on a
more ad hoc basis.
45. Having the areas identified by wards is very
useful for candidates and agents as they are able to work out which
wards are doing well compared to others. There is a large amount of
election data available for candidates and political parties which
show patterns of how particular areas within a constituency are prone
to vote. Thereby providing very useful indicators for those gathering
the data on election night. It is my opinion that this fundamental
change to the lay-out was designed purely to keep the counting of the
ballot papers as opaque as possible.
46. As I knew it was going to be a long night, I
went back to join my colleagues in the café bar area. We chatted to
several of the other candidates and members of their teams, who joined
us at various intervals throughout the night. I would occasionally pop
into have a look at what was happening on the count floor but mainly
left this to members of my campaign team.
47. On one of those occasions, I stopped to talk to
a couple who were also watching the count and asked them what was
going on because I didn’t understand it and was rather confused. I
can’t recall which party they were representing but I think it may
have been the SDP as they were wearing brown and yellow rosettes. They
knew that I had missed the announcement at the start of the
proceedings and explained that the ballot papers would be divided into
half given the fact that there were a lot of candidates and the ballot
papers were longer than usual. I presumed that would mean the top
first eight and then the remaining eight candidates listed in
alphabetical order according to their surname, as there were 16
candidates standing.
48. This made me rather suspicious, as I thought
that would mean that both the Labour and Conservative party candidates
would be placed in one pile as they appeared on the bottom half of the
ballot paper, and George Galloway’s Workers Party (easily
identifiable), including myself and the English Democrats party, as
they appeared on the top half, placed on the other. I believe it would
have been very easy because of this rather curious procedure to
manipulate the results.
49. I do not recall the precise time but it was
well after the café bar opened at midnight when I saw a stream of
people coming from the floor of the count who either went to queue at
the café for food and beverages or went outside. I asked one of the
female officials what was happening and she told me that they were
having a ten-minute break.
50. I didn’t particularly think too much about it
at the time but it was when I had gone to see what was happening on
the count floor, straight after that conversation, that I again became
concerned. The whole of the count floor was empty and all the ballot
papers and ballot boxes had disappeared. I had never seen this happen
before despite having attended four previous election counts which
were far, far busier than this one.
51. I had recently been a candidate in the West
Yorkshire Combined Authority Mayoral Elections which was a far larger
event, and at no time was the floor of the count emptied of everything
and everybody involved in it.
52. What I had witnessed previously was that those
who were opening the ballot boxes and counting the ballot papers,
usually went in small groups at intervals throughout the night for
short drinks breaks or stayed at their tables. This procedure was
followed at the previous Kirklees count I had attended in 2016, at the
same premises and in the same room, when there was a bye-election held
in the Batley and Spen constituency. So, this completely took me by
surprise and raised my suspicions even more.
53. I also found it rather odd given the COVID
restrictions and social distancing, that everyone would be told to
leave the count floor and the ballot boxes and papers removed. Surely
it was better that the toilet breaks were staggered, as was the norm,
rather than everyone be sent out together and congregate in an already
crowded café bar area I thought. Let alone for reasons of security and
transparency.
54. There were two people, a young man and woman,
who looked like officials stood chatting close-by on the count floor
just yards away from the entrance and I light-heartedly asked where
everyone had gone to and explained I found it rather odd. They did not
reply, which made me rather uneasy, so I said that “There was no
reason for me to stay as there was nothing for me to look at!” I went
to the toilet and re-joined my colleagues in the café bar area. I did,
however, notice the room where the ballot boxes had been delivered
earlier to be rather busy still. The large double doors had glass
panes in them and it was easy to see inside. I now wish that I had had
a closer look.
55. I mentioned this to my team but they weren’t
particularly concerned but then, two had never been to an election
count before, and my other colleague, just once.
56. Graham Moore reported back to me on numerous
occasions throughout the course of the night that he thought I “was
doing really well”, “you’re doing really well you are”, and similar
phrases. He was very upbeat that all our election campaigning was
seemingly paying off. We had had a huge amount of support this time
around from people all over the country wanting to leaflet and do
rallies, and other publicity campaigns. Naturally, I found this very
encouraging. I had seen several piles of ballot papers with an X by my
name but as I hadn’t been in the room for any length of time or gone
around the whole of the auditorium due to my mobility problems, I was
reliant on my team to give me better feedback.
57. He had, at one point said he wasn’t sure if it
meant I’d keep my deposit but that I had a pretty good chance of doing
so as there were a lot more ballot papers to be counted. He even
stated that he thought “George Galloway was beating Labour and the
Conservatives as he had stacks of votes”. We were all very pleased to
hear that.
58. So, I decided to go with Graham Moore and have
a look for myself. He pointed to large piles of votes on the desks as
you went in, which he said were for George Galloway and then the
Labour and Conservative piles which were much smaller. And then
pointed to similar stacks around the room.
59. Sometime later whilst many people had started
to congregate on the floor of the count, as it appeared to be drawing
to a conclusion, candidates were called to the back of the hall to
inspect the spoilt ballot papers. There were very few and very little
disputed, so the process did not take long. I did not dispute
any.
60. I recall speaking with a member of George
Galloway’s team on the count floor around that time who told me that
they had had 2,000 of their campaign posters removed by Kirklees
council just days before the election and they thought this was done
deliberately and in bad faith, to help the other candidates – Labour
and Conservatives – and to damage their candidate and his campaign. I
was in full agreement and I said that I’d recalled seeing this in the
news and was rather shocked at this, as it seemed to be unfair
interference by the Labour held council in the election process. I
cannot recall the precise words but this is my broad recollection of
our discussion.
61. A little while later another member of George
Galloways team, whom I recognised from the general election in 2015 in
Bradford West, where I had stood for the first time as a candidate,
recounted the same story to me. I think it was his election agent but
I am not sure. I said that “I knew [George Galloway] to be a seasoned
politician and that I was sure he would be more than able to challenge
this”. We laughed when he told me that they actually put them
back!
62. At around 4:40-5:00am (I am not sure of the
precise time) candidates and agents were all called again to the back
of the count floor to look at some printed sheets of paper which
alleged to show the provisional results. This had not happened on
previous occasions but we were told it was due to a high number of
candidates standing, and it would be easier for everyone for the
results to be printed out, which I found to be a reasonable
explanation.
63. When I tried to find my name on the list, my
initial reaction was one of panic and doubt as I thought I had read
that I’d had received only 207 votes. I thought that this could not
possibly be the case and thought my eyes must have strayed onto
another line. So, I looked again having put my glasses on, and used my
finger to read along the line but I had read it correctly the first
time. I had 207 votes. I was flabbergasted! I turned around and
muttered that, “This must be wrong! This couldn’t possibly be correct!
I definitely got more votes than that!” I noticed that other
candidates and agents had similar concerns and were looking at each
other with incredulity.
64. Graham Moore was looking at a separate sheet to
the right of me, he is a tall man and was able to see over the bodies
of those gathered in front of the table, and we both looked at each
other in absolute amazement and disbelief. He had a look of grave
concern on his face and said, “This can’t be right! This is not
possible! I counted well over a thousand votes; something is
definitely wrong!”
65. I had asked Mark Millican who helped me to the
back of the auditorium, as I was struggling to walk, to make sure they
contacted our party chairman, Robin Tilbrook as I had promised him, I
would let him know as soon as the results came out what they were. As
we weren’t allowed mobile phones on the floor of the count and not
being very mobile, I thought that would be the best course of action.
I didn’t see where he went to, nor when Graham Moore left the
room.
66. I did notice that the UKIP candidate, Jack
Thomson and his agent Mr. Jamie Baker and John Tilt from the Freedom
Alliance and his partner were congregating close-by and looked
similarly shocked at their results so we had a long chat about it. As
were members of the Heritage Party. I told them that even when I stood
as a lone candidate in the 2015 general election with no support
whatsoever, I managed to get 525 votes, so I thought there was
definitely something amiss here.
67. I also explained to them that I came second in
Batley and Spen in the 2016 by-election and had recently stood in the
West Yorkshire Mayoral elections in May, so the electorate knew who I
was and that usually the more a candidate is known in the area the
better they tend to do. I also told them that I had had huge support
during this election more than any other. I went on to say that when
we were leafletting and driving around with the loud-hailer the
response was really very positive. Volunteers came from all over the
country to help out. I’d never had such support in the past, and I’d
done far better this time around. When I stood in the Police Crime
Commissioner Elections in 2016, I received 22,000 votes. Nothing
seemed to add up at all. We were all stunned and shocked.
68. During these conversations we noticed that
there was some dispute about the results and that George Galloway was
asking Sharon Salvanos, the Electoral Services Manager, for the ballot
papers to be checked.
69. Whilst this was happening, we debated whether
to go on the stage when the election results were announced officially
but I said that I would not be going because I didn’t want to give
them any credibility. I did not believe the results to be accurate but
acknowledged that we each had to make our own decision whether or not
to go on the stage.
70. After a short while we were all called to
gather at the counter again and I heard Sharon Salvanos say that there
had been an error when gathering the ballot papers together and
declared that the votes they had found would go to the Liberal
Democrats’ candidate. I could not quite hear how many or from which
candidate these were taken. I think I heard her say the votes were
taken from George Galloway but I cannot be certain of that.
71. It was at this point that I heard George
Galloway politely but resolutely requesting that there be a full
recount given the difference between the Labour Party and Conservative
party candidate was less than 1% of the overall votes. This was
refused, so he asked again informing them that this was in accordance
with electoral law, and that he had a right to request a full recount.
Again, it was refused. I did not see where he went after this.
72. I chatted again with John Tilt and his partner
about this whole affair at the back of the room. He was not
experienced at all in politics and was not familiar with elections and
election campaigning. I told him that given all the funding and
publicity he had put into his campaign and the support he had had, it
seemed pretty impossible that he’d only received a tiny number of
votes. The whole thing left us all feeling pretty incredulous and
completely bewildered. By that time, I had started to become a little
angry about it too as I hate injustice of any kind and I believed that
the election was rigged. I still do.
73. Sharon Salvanos approached me and asked that I
go with her as she had kindly arranged for me beforehand to go on the
stage using the back way to avoid the steps to formally announce the
results. As I had decided not to go up on the stage out of protest, I
politely declined. I did not give a reason why. She asked again but my
decision remained the same.
74. When I saw the Mayor of Kirklees enter the
floor of the count, I knew that the election declaration was close. He
was quickly followed by the Labour Party candidate, Kim Leadbetter,
who had been ushered in at the last minute to accept her win.
75. I was pleased that John Tilt and his partner
had stood by me and he too had not gone on the stage to hear the
results and acceptance speech. We said our farewells and agreed to
contact each other at a later date.
76. My team and I were on our way out, and we had
just picked up my flask and other belongings when we noticed that
George Galloway was about to give an interview to the press who had
begun to surround him, so we stopped to listen, and film, what he had
to say.
77. He was clearly upset that the acting Returning
Officer had rejected his calls to have a full recount and described
the whole process as something belonging to a “banana republic”, going
on to say that Kirklees council had taken down 2,000 of his election
posters three days before the election on the spurious basis that the
imprint lettering was too small and had thereby broken election law.
He announced that on the basis of that and other matters, including
the refusal to have a full recount, he would be making a request to
the High Court to have the results of the election over-turned.
78. I applauded as I felt he was fully justified in
saying what he did. His election agent was standing next to me and we
again chatted about the posters and the announcement about the High
Court challenge. I asked him to tell George Galloway that if he needed
any help challenging the election results, I would be more than happy
to assist him. I also thought that he should have been allowed the
full recount he had asked for as I was reasonably au fait with this
part of election law. I believed his request was a reasonable one
given the margin of the votes between the Labour and the Conservative
candidates was very low and because they had already made a mistake
during counting of the batches of ballot papers by placing them in the
wrong pile for the wrong candidate.
79. I was then escorted to my car by my team as I
was feeling rather unwell by this time and could hardly walk. The two
young men from UKIP got in the car with me as neither of them were
able to drive. I had offered them a lift to the hotel they were
staying in in Morley. They had travelled all the way from Newcastle
using public transport throughout their campaign. We chatted and
complained all the way to the hotel about what happened and resolved
to get in touch at a later date.
80. I arrived home around 7:30am shattered and
stunned over what I had witnessed.
81. I also recall something also slightly
concerning regarding issues getting hold of the election rolls or
register of voters from Kirklees Election Office. I had formally
requested electronic copies of the Batley and Spen electoral roll
which is available to all candidates who wish to stand in elections so
they can identify people in the constituency who are registered and
eligible to vote. I had spent all afternoon, along with my sister
Helena Slack, asking people for their nomination so I could stand as a
candidate in the up-coming Batley and Spen bye-election and had
managed to gather the 10 signatures that I required. We were delighted
over this and even more so over the positive response we had received
from those we had approached for signatures.
82. Virtually every single person chatted about how
they had voted Labour all their lives but would no longer be voting
for them. One gentleman actually said that if a Labour activist came
knocking on his door he would ask them to get off his property and
close the door. Many were also concerned over the lack of voice that
the English had in their own country and were really delighted that
someone was standing to give them that voice.
83. When I returned home late in the afternoon to
complete the nomination forms using the electoral roll data that
Kirklees Elections Office had sent me I could not find the information
I needed. I was unable to find their names on the register. I started
to really panic about it. I didn’t feel that I would be physically
able to go and get another 10 signatures the next day as my
appointment to submit my nomination papers and pay my deposit was on
the Wednesday, as I had really pushed myself that day in order to get
what I needed. I spent quite some time looking at the electoral roll
for the names but could not find them anywhere. I decided to call our
party chairman, Robin Tilbrook, to see if he could help. I felt as
though he must have thought I was useless if I couldn’t get something
so easy right.
84. It was around 7:00pm and the elections office
was, of course, closed. Neither of us were successful so we decided
that I should call the elections office the following morning – which
I did. I do not recall who I spoke to but the lady on the phone said
she would look into it and get back to me. A short while later I
received a call to say that they were very sorry as it seemed they had
omitted large sections of the electoral roll when they sent me the
data. She said they would send me the rest of the data straight away.
I found this very distressing at the time and was quite sceptical over
what had occurred. It is my opinion, from my experience standing in
elections, that anyone who stands for the English Democrats gets
unfairly treated and life is made quite difficult for them. The only
exception was when I stood for the West Yorkshire Combined Authority
Mayoral Elections in May 2021.
85. I experienced another concerning matter over
the passes which were needed to attend the opening of the postal votes
which were tabled for Monday, 28 June 2021 and Wednesday, 30 June
2021. I had requested passes for myself and several of my campaign
team to attend both the verification and election count but also the
opening of the postal votes session. I filled in both forms that were
required by the Kirklees Elections Office and sent them to the address
given in the information pack in the same envelope. So they must have
received both forms.
86. I did not receive any documents from the
Elections Office until Saturday, 26 June 2021. I assumed the A4
envelope included both my verification and count passes and my pass to
witness the opening of the postal vote ballot papers, so I did not
open the envelope that day because I was extremely busy campaigning in
the constituency. I did not get the opportunity to discuss the opening
of the postal votes with my campaign team and just assumed that those
whom I have put down on the form would have received their passes and
would attend the Monday session. I reassured myself that if I was too
busy to attend the Monday session, one or more of my team would be
able to attend, and there was always the possibility of attending the
Wednesday session in any event.
87. On Tuesday, 29 June 2021, I received an email
from Sharon Salvados at 11:04am saying they were cancelling the
Wednesday postal vote opening session as there wasn’t any need to hold
the event. And that it would resume Thursday 01 July 2021. It was on
the day before the election that I realised I had not been sent my
postal vote pass and when I asked other members of my team they
confirmed they had not received theirs either and therefore, no-one
had attended the postal vote opening session on Monday, 28 June
2021. I found this rather unusual as this had not happened on any
previous occasion. Even had we realised this earlier, the elections
office did not open again until the day of the event and neither was
there any post until the Monday in question.
88. I believe that given the totality of all the
evidence in this witness statement that everything that could possibly
be done to frustrate the running of a fair and transparent election
has been done by the very authorities that are entrusted to conduct
our elections in a democracy. These authorities – West Yorkshire
Police and Kirklees Council - have targeted specific candidates such
as myself and George Galloway in order to affect the return of a
candidate at an election in breach of electoral law. And their actions
may also be considered as libel or slander.
If you think that is hair-raising, then read on and read
what Graham Moore has to say:-
1. I make this statement in support of the
Claimant’s case to set aside the election for Batley & Spen
Parliamentary Constituency.
2. I was a Project and Site Manager in the
construction industry mainly within social housing. I am now a full
time social media journalist and commentator and a registered
Journalist with the Workers of England Trade Union. I am also a
campaigner and supporter of The English Democrats Party standing in
the Batley and Spen By-Election on Thursday, July 1st,
2021.
3. I booked a hotel in Bradford City Central
from Thursday 24th June till the 2nd July 2021,
the hotel is situated 20 minutes from Batley and Spen. It was chosen
as a safe location where other campaigners could meet reducing the
fear of violence towards us.
4. We deployed our database of supporters in
Yorkshire and others areas of England through my channel The Full
English Show. We used leaflets, both via the postal service and
through campaigns on the ground, social media and loud hailers on top
of my car and drove the Spen area (four wards). East Batley and West
Batley were regarded as too dangerous and through fear of violence
towards our campaigners I was advised by our chairman Robin Tilbrook
not to enter the area. I concurred with this advice and we instructed
people not to go into these areas. However, the other four remaining
wards from the 2011 census had a very high and strong English only
Identity (nothing to do with ethnicity or religion), 70% plus of the
population regarded themselves as English only National Identity, i.e
Not British.
5. I arranged an event at the Victoria Market
Square in Birstall, Batley for Saturday 26th June 2021 and
to meet at 11am for a 12-noon event. This event was a speech by
myself on the people of England’s right to self-determination under
international law and the British obligation to respect and promote
that right and every Englishman’s duty (via the preamble) to express
that to his/her Countrymen. This event included large banners
displaying that right in writing and signed and ratified by the
British in 1976. Other banners included the Bill of Rights 1688 and
the Magna Carta 1215.
6. This event went well, some 30 to 40 people
came to say hello and help with campaigning. There were no issues and
it was a safe event.
7. That evening through the social media
channels I made a request for a meet at the same statue of John
Priestly, an Englishman and Yorkshire man who discovered Oxygen in
1733. This meeting was at 11am for 12-noon start, which included a
specific area of leafleting and loud hailer communication via the
campaign car.
8. Whilst waiting I needed to use the toilet and
crossed the road and entered CJ's Style Bar (Booze Shack). There were
a few people in the bar and I approached the barman and asked if I
could use his toilet. He said “no, patrons only”. I then asked to
buy a drink and he abruptly said, “No, I don’t want your sort in here”
I said “your sort?” he said “far right, English Democrats”. I left
rather than cause a scene or escalate the situation.
9. I returned to the group after using a betting
shop toilet further up the road. I explained to Therese Hirst the
candidate and to the group what had happened. Therese Hirst and
another lady called Val Phillips then went to the bar to investigate
what and why he’d said what he said.
10.The police had visited the bar and told him and
other businesses in the area that the English Democrats were a far
right group and troublemakers. He was instructed by the police
[police visit] not to serve us or allow us to use the
facilities.
11. After this we left in a number of cars and
headed to our destination, we arrived at the destination at 12.30 in
the afternoon and the individual campaigners were given leaflets to
hand deliver to a section area. Whilst they delivered I toured the
area slowly in the car with the loud hailers giving the message “Vote
English, Vote England, Vote Therese Hirst of the English Democrats
Party” and a rendition of Dame Vera Lynn “There will always be an
England” this message was very popular and local children, adults and
workmen came out of their homes to applaud us. Some of this was
recorded and was unscripted and not staged and was a spontaneous
positive reaction to us.
12.This type of campaigning continued through
Monday, Tuesday and Wednesday with the addition of leafleting Tesco,
Morrison, Aldi and Asda car parks [round robin style, finish last car
park start at first again] and continuing the loud hailers and message
above.
13.In addition to the above some 40,000 leaflets
had been delivered via the Royal Mail personally addressed.
Not allowed to view or check security of postal
votes.
The Day of Election and the
Count:
14.1st July 2021 the Count. Myself,
Mark Millican and Antony Connell were count agents, normally we would
be allowed ten count agents and the candidate. We were only allowed
three because of Covid policy. We were not allowed access into the
ballot box area to view security tabs, seals etc.
15.At approximately 10:15 pm I called Therese Hirst
from the count to ask how long she would be. Therese Hirst answered
the phone and I heard her say “Have I done something wrong officer,
why all these police”. I asked where she was. She sounded in
distress. Therese Hirst is quite frail and disabled so I made my way
outside to look for her.
16.Therese Hirst was being interviewed by
Independent Journalists at least one is registered with the Workers of
England trade union as a Journalist. These are Journalists, they are
not what is described as Main Stream Media and often do not speak but
show live videos as the people themselves interpret what they see. No
edits, no bias. Real eyes on the scene.
17.I noted a large security and police presence and
made my way over to the area. I heard a man, with a mask and no
identification at all, not even a name badge or council tie or
insignia demanding the journalists leave. Therese Hirst had not been
interviewed by MSM or been invited to any hustings and these
Journalists did want to talk to her.
18.The man continued with demanding they leave then
said they would be forcibly removed. I asked him on what authority
was he acting on and what was his name. He did not state an authority
and refused to give his name. I asked him a number of times to give
me his name. He refused to identify himself. [Video and still
evidence]
19.Therese Hirst was quite distressed and we the
count agents escorted her into the count.
20.Inside the count we asked for a chair for
Therese Hirst. We were not allowed to check ballot boxes seals,
etc. We were barred from postal vote opening too. We had complied
with the requests for names and addresses and supplied them in
time.
21.The Journalists continued to have issues and
left one Journalist was assaulted by security staff, placed in a
headlock, and forcibly removed.
22.Inside the count at approximately 11:30pm all
ballots boxes had been emptied and the turnout or electorate total
votes were being counted. This continued until approximately 2am and
the turnout recorded as 47%.
23.At this time the ballot count area was cleared
of election agents, which concerned us. The ballots were taken and
removed.
24.At this time the man with no name that refused
to identify himself was around in the empty count area and in the café
area where the double doors to the car park was opened and a large
luton type wagon with a tail lift pulled up by the double doors, some
large trolley cages with ballot boxes were loaded into the wagon and
strangely a large quantity of white bags labelled used PPE. I
thought this was suspicious and videoed the area and the bags, the men
did not like me looking at what they were doing. Staring at
me. Usually clinical waste (PPE for Coronavirus) would be in orange
or yellow bags. These were white bags and I thought it an odd time to
remove them in the middle of a count and at a time that all count
agents were expelled from the count area. We had no idea what was in
the boxes being removed or in the bags, during a count.
25.We went into the count area and followed the
instructions of a one way system. We could clearly see up to 60
people counting on both sides of the hall. Roughly six out of 16
candidates were receiving votes by volume. The Conservative Party,
George Galloway Workers Party, Labour Party, Liberal Democrats,
English Democrats and one or two others.
26.What I witnessed was George Galloway matching
the votes for The Labour Party, it was striking and clear and I would
have said George Galloway was in front from my continuing
observation. It was obvious that the clear winner was The
Conservative Party. With a spilt vote between the Workers Party and
The Labour Party. The Liberal democrats were higher than noted in the
result. A lot higher.
27.We continued watching George Galloway and
English Democrats. The English Democrats Party were doing well and
early in the actual count one table of the sixty had a group of votes
with a note on saying 43. This was within 30m of the count starting.
So by 2.30am. Every table had piles of English Democrats ballots, so
much so, that even a cursory 10 per count table would have been 600 +
votes. The votes continued and we were all encouraged by what we
saw. We were on course to retain our deposit. Which is significant
in political terms.
28.Upon being called to the communication point at
approx. 5.30am we were shown a piece of paper with the count totals
and I was shocked, so shocked I had to return twice as I was tired I
thought I had made a mistake or they had. The English Democrats Party
total was 207. That figure is not what I witnessed during the
count. I thought they had missed a one off in a typo. [1207]. Then I
saw the other results and especially George Galloway’s. I immediately
called foul play.
29.I do not agree with George Galloway’s politics
but I respect his integrity and sincerity of his beliefs, he is
genuine in his belief.
30.As an experienced count agent; what I witnessed
at the count and what the council’s tallies gave us as a final figure,
I would state the council’s totals were grossly inaccurate and I would
say fraudulent. They were shockingly inaccurate and arrogantly and
fraudulently presented. I have attended many counts and this count
was by far the worst I have ever witnessed. Count agents were
deliberately hindered from their duties to ensure fair
election.
Please help us assist in making this legal challenge by
donating below, don't sit back and allow this to
stand!:
Yours sincerely

Robin Tilbrook
Party Chairman
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