£43,000 benefit cheat councillor jailed for 12 months
A Highland councillor found guilty of a £43,000 benefit fraud was described as a liar and a cheat by the sheriff who jailed him for 12 months.
John Holden was convicted last month after a 12-day trial and this morning (Thursday) the councillor for Inverness South was led away from the dock in handcuffs to begin his sentence.
Confiscation proceedings are now underway against Mr Holden with a date at the Inverness court scheduled for September 5.
He also faces expulsion from the Labour party and disqualification as a councillor.
Jimmy Gray, leader of Highland Council's Labour group, said Holden had been suspended from the group after he was charged and now that he has been sentenced an automatic expulsion from the party will follow.
Council convener Sandy Park said he understood that disqualification from holding office is automatic when the sentence is three months or greater.
Speaking after the sentencing, Emma Knox, District Procurator Fiscal for Inverness, said Holden had received the maximum possible sentence.
"John Holden was in a position of trust which he flagrantly abused. For a period of over nine years he lied about his circumstances to claim in excess of £43,000 in benefits, to which he was not entitled," she said.
"Mr Holden in effect stole money from the public purse which was intended for those who most needed it. The fact that he has been sentenced to the maximum term of imprisonment allowed for such offences demonstrates the serious view that has been taken of these disgraceful crimes."
His solicitor Michael Chapman made an impassioned plea for a non-custodial sentence on the basis that Holden was 62, a first offender and considered a low risk of re-offending by social workers.
Mr Chapman also submitted to the court a bundle of letters from supporters of Holden highlighting good works he had done for the community over the years.
"Mr Holden is a broken man. He will never recover from being brought to this court and I would ask against this background not to impose a custodial sentence," he said.
During the trial Highland Council fraud investigator Veronica Bachelor claimed documents seized in police raids at Holden’s home at 8 Teal Avenue and from the offices of local solicitors showed that he had an undeclared income of £250,000 between 2002 and 2008 and his partner Mary, now his wife, earned over £50,000 while he was claiming income support and council tax relief.
Even after his election to Highland Council in May 2007 he failed to declare his salary of £17,000.
Sheriff Abercrombie told Holden council tax benefits and income support were part of a social contract in this country where those on low income who struggle financially are supported by those on higher incomes.
"By deliberately making false claims on your true financial position, you and other cheats have undermined that social contract and you have shown complete contempt for it," said the sheriff.
He told Holden his charitable work was no justification for what he had done.
"It was still your responsibility to make full disclosure of all your income," said the sheriff.
"In this respect I was impressed by the Crown witnesses in this court who revealed what you received and what it was spent on. Your justification is ‘I am an honest and trustworthy person’.
"It’s not enough Mr Holden. You are not an honest man. You have deliberately and repeatedly lied over a number of years. The scale of your undisclosed income is breathtaking.
"You have deluded yourself that your are above the law and in a category above your fellow citizens.
"You appear to be burying your head in the sand."
He jailed Holden for one month on the first charge, three on the second and 12 months on the third - all to run concurrently.
The councillor for Inverness South was convicted of falsely claiming income support between January 1999 and August 2008 in excess of £34,000, council tax benefit of £6,925 and single occupancy of more than £2,309 by claiming he lived alone, had no capital and was not in employment between January 6, 1999 and August 31, 2008.
He was also found guilty of failing to inform the authorities between December 31, 2002 and August 29, 2008 when his circumstances changed.
It is understood Holden is considering an appeal.
