The judgment on the charges against Cllr Zaffar Van Kalwala is clearly a matter for the courts as is right and proper. My view when this case was first publicised was that a person is innocent until proved guilty and that remains my position.
I am not taking sides on the case itself or going into details of the events that led to the charges but explaining here the facts behind what appears to many to be mystifying goings-on at Brent Civic Centre and has resulted in a situation that has been uncomfortable for all concerned.
As is well known Cllr Kalwala has been charged with ABH (Actual Bodily Harm) and dangerous driving and his trial is set for January 26th 2014.
What is not well known is that the other person in the case is a fellow Labour councillor, Cllr Krupa Sheth who represents Wembley Central ward.
As a consequence of the charges Cllr Kalwala was suspended from the Labour Party but not from his role as a councillor
The courts imposed a bail condition on Cllr Kalwala that barred him from any direct or indirect contact with Cllr Sheth.
That has meant he has to leave any meeting, which she attends and explains his abrupt departure from some meetings, including that at Harlesden Connects. Forum. Krupa Sheth attended the Forum accompanied by Cllr Muhammed Butt, leader of Brent Council.
The Forum covers Stonebridge , Cllr Kalwala’s ward where he is fighting against Brent Council plans to build on the playground site it and cease its funding.
Kalwala’s ability to carry out his role as a councillor and represent his constituency was further affected by what appeared to be a unilateral decision by Brent Labour leader, Councillor Muhammed Butt, to ban him from entering Brent Civic Centre.
The Civic Centre has a substantial public area including a restaurant, coffee shop and Wembley Library. Access to council meeting rooms and staff offices is by electronic fobs.
The ban meant that Kalwala could not attend any of the Council meetings he was expected to attend and thus put him in danger of disqualification as a councillor under the six month non-attendance rule. The last meeting he had attended was the Council Annual General Meeting in June. Disqualification would have caused a by-election in Stonebridge ward.
The possible six-month disqualification was triggered by the postponement of the Full Council Meeting from November 17th to December 8th. The six month deadline for attendance was December 4th.
Councillor Butt’s ban on Kalwala entering the Civic Centre was recently over-ruled by the courts which meant that he could attend Monday’s Audit Committee.. However, this was not to be because Cllr Krupa Sheth was drafted in as a substitute. His attendance would have infringed his bail conditions.
Advice from Brent Council legal officers and discussions with Kalwala’s legal and trade union advisers resulted in an agreement with Cllr Sandra Kabir, the Labour Group whip, that enabled Cllr Kalwala to attend yesterday evening’s Scrutiny meeting.
However, because Cllr Sheth had a long-standing appointment to meet with one of her ward residents at the Civic Centre at about the same time, and taking into account the bail conditions, I understand the agreement stipulated that Kalwala should leave after 15 minutes.
Cllr Kalwala’s attendance means that he will not be disqualified and therefore no by-election will be required in Stonebridge over non-attendance.
Please note that because of the pending trial comments on this posting will be strictly moderated