Inverness councillor's "safe house" claim at fraud trial

A HIGHLAND councillor on trial accused of benefit fraud charges totalling more than £43,000 has claimed his home was used as a "safe house" for the woman who later became his wife when she was splitting up from her former husband.

Giving evidence for the first time at his trial, John Holden claimed at Inverness Sheriff Court that Mary Ross used his property at Teal Avenue, Inverness, as a postal address and as a way to seek refuge from her husband, David Ross, while they were separating.

He said she had moved to Inverness in 1995 from Dumfries where she had lived with her husband to stay with her parents Betty and Gordon Ewen in the city’s Esk Road, but that her solicitor had advised her to find a safe house as David would often arrive in Inverness unexpectedly.

Holden (63) told the court: "When things got difficult, Mr Ross could come up to Inverness at any time. He would go to Esk Road and he would create an atmosphere, I don’t want to go into details but let’s say he would not act in the normal way I would expect a human being to behave."

He went on: "She was advised by her solicitor she needed what was referred to as a safe house."

He claimed Rodger, Mary’s brother, asked him if he would allow his address to be the safe house, and that he agreed.

Holden added: "I contacted the DSS to explain the situation. It’s not as though she was living in Teal Avenue. She had a key if Mr Ross arrived."

He explained how if Mr Ross appeared at Esk Road, somebody at the house would answer the door after a minute or so, giving Mary the chance to "get out".

Asked by his defence agent Michael Chapman if Mary Ross was residing at Teal Avenue at that time, Holden replied: "No".

Holden said Sky TV had been installed for him by Mary and her mother because he looked after an elderly relative and Mary Holden paid for electrical items in his home but was repaid by his brother Eamonn.

Phone bills too were paid for by Mary but there were separate lines, he said, in his house.

Asked by Mr Chapman if he told a fire inspector that he was living with his partner and her daughter in 1999. Holden denied ever saying that.

He told the court his house wasn’t insured but later took the makers of the shower in his home to court over the cause of the fire and won his case.

He said Mary and her daughter had belongings in his house and he spoke to a friend Jack Gowans (now deceased), who was a local solicitor. Mr Gowans said they should claim against the shower manufacturers as "partners in loss".

He said he refused to return a statement sent to him by the fire inspector because it was inaccurate both with regard to his personal details and technical information.

Holden represents Inverness South on Highland Council.

Council fraud investigator Veronica Batchelor claimed during the trial that docments seized in police raids show Holden had undeclared income of nearly £250,000 between 2002 and 2008 and his partner Mary over £50,000 while he was claiming income support and council tax relief.

She also alleged Holden used over £37,000 from what she believed to be a car boot sale account, for his personal use. Some of the money was spent on foreign holidays and some went on monthly repayments for what she believed to be the purchase of a car.

Holden has pled not guilty to a series of charges of fraud.

He denied a charge of falsely claiming income support between January 1999 and August 2008 in excess of £34,000 and council tax benefit of £6,925.24 and single occupancy of more than £2,309.73 by claiming he lived alone, had no capital and was not in employment between January 6, 1999 and August 31, 2008.

An alternative to the council tax fraud charge is that he knowingly failed to notify Highland Council of his change of circumstances, that he lived with his wife, had capital and was in employment, and that his wife had capital and was in employment.

He faces a further charge of failing to give prompt notification to the Benefits Agency and the Department for Work and Pensions of his change of circumstances from October 18, 2001 to December 31, 2002, which he knew would affect his entitlement to income support.

He is charged with failing to notify them that he no longer lived alone and that he had capital and was in employment and that his wife had capital and was in employment, thereby obtaining income support in excess of £34,337.48 to which he was not entitled.

Earlier this week a fire investigator has told a sheriff that city councillor John Holden told him he lived with his partner and her daughter when he interviewed him in 1999 about a fire at his home.

Stuart Mortimore (57) said he interviewed Holden at 8 Teal Avenue on June 29, 1999 about the fire which appeared to involve the shower. He said he examined the fire damage then discussed the circumstances with Holden.

He claimed Holden told him: "I live with my partner, Mary, and her daughter Amanda."

Holden's wife Mary had previously declined to give evidence at her husband’s trial. She had been called as a prosecution witness but was advised by Sheriff Ian Abercrombie that she could not be compelled to give evidence.

The trial continues.