THE leader of Warrington Borough Council, Russell Bowden, told a court today (Thursday) that he had not lied on his election nomination form and it was “ludicrous” to suggest so.
It is alleged that he used the address of his house in Birchwood – despite having moved out following marital problems 21 months earlier – instead of putting down the address of the flat he was living in.
The prosecution claims that he did so to gain a political advantage. Sarah Griffin, prosecuting, has told the jury this was “so that the electors in the Birchwood ward on learning of his home address, at the very least from the voting card, would consider him to be a ‘local man’ who lived in their ward.”
He deliberately misled the returning officer when he filled in his forms for the local election in April 2021, she claimed.
53-year-old Bowden, of Applecross Close, Birchwood, is on trial at Liverpool Crown Court denying an offence of making a false statement in a nomination paper on April 6, 2021.
Following the end of the prosecution case Jane Whelan, Labour councillor for Sankey North and Whittle Hall, gave her evidence before the jury, which now comprises six women and five men.
She said that she had acted as Bowden’s agent for the 2021 election, as she did for about 26 other candidates, and explained her role involved making sure election forms are filled in accurately.
She said she and Bowden had a conversation about the appropriateness of using the Applecross Close address and she asked him if he considered it as his home to which he replied yes. He said he had moved out temporarily.
“My concern is to get the paperwork right and I was confident this was the right address to put. If not I would have sought further advice. “I was so confident I did not seek further advice.
She said she understood he was temporarily separated from his wife Beverley but he was still paying the mortgage and his plans were to return to the house. “That is why it was obviously his home to me.”
Cllr Whalen said, “I believe personally I am a very honest person and I would say the same for Russ.”
Further questioned she said that in her experience whether a candidate lived in the ward in which they were standing for election made no difference and said that she herself did not live in the ward she represents.
She said he came under a lot of scrutiny in his role and described him as “open, honest and transparent” and agreed that she took what he told her at face value.
Quizzed by Miss Griffin what she would have done if she had known he had out of the Birchwood address for nearly two years she replied, “I would probably had sought advice from the Electoral Commission.”
Bowden told the court that he bought the house in 1996 with his fiancee, who later became his wife and they have one daughter.
Questioned by his barrister Tanveer Qureshi he denied a suggestion that he had moved out of the marital home in 2017 but agreed they had put the house on the market then when issues arose in their marriage and divorce was planned.
But they changed their minds and after a few months, the house was taken off the market. He moved out in June 2019 to give his wife space as she had “fragile mental health.”
Bowden said that he initially got a six-month lease on a property in Lulworth Place in Bewsey but regularly returned to the marital home numerous times each week, sometimes staying over, and their relationship improved.
A neighbour, Sharon Smith-O’Malley – known as Debbie – has told the court that she had only seen him at the house about three times a year since the couple split up.
Asked about this Bowden said, “That is absolutely incorrect” and he maintained he was regularly there but usually used the side door which led to the kitchen which the neighbour would not be able to see.
He described himself as “a bike nut” and said he used the Strava app which tracks activities and produced some printouts showing him starting and finishing at the Applecross Close address between July 8 and September 2019.
He was still in the temporary address at the time of the 2021 May election but he has since moved back in with his wife.
Further questioned he said that when he moved out in 2019 he envisaged only being there six or eight weeks and had never put Lulworth Place down as his home address.
He said he paid council tax for that address and also paid his wife’s council tax for the Birchwood house and paid all the other bills for his home and kept it maintained. They both claimed single-person discount for their respective properties.
“I am the Leader of the council. It is absolutely crucial that I am above reproach and acted in accordance with all requirements.”
He said that in August 2020 and July 21, he made online submissions for Lulworth Place registering it as an empty property meaning no eligible voter was living there in terms of the electoral register.
Asked if he was aware of any guidance about his address he said it was one of the things he had checked when he moved out. “I am subject to incredible scrutiny as Leader, not just by the council but members of the public and had to ensure every aspect of my affairs are correct.”
He agreed that in September 2019 he registered his car at the Lulworth Place address and explained that was because he regarded it as his contact address. He also told police that his address was the Bewsey one in December 2020 as it was were he was living at that moment.
Bowden, who said he was first elected to the town council in 2008 and borough council since 2010, maintained he always regarded Applecross Close as his permanent home address.
He disputed suggestions that he had used the Applecross address as he wanted to still appear to be a local man and described it as “ludicrous.” He said he had lived in the borough for 25 years and a councillor for more than a decade and was a local man.
Asked if he had lied on the nomination form he replied “absolutely not” and said he had had guidance from the Electoral Commission.
Bowden agreed that his car was registered with the DVLA at Lulworth Place and the insurance with the Applecross Close address. He said during Covid he was not going as often to the marital home as they were in separate bubbles.
Cross-examined he disputed a suggestion that he put the Applecross address on the nomination form as “an attempt to keep up appearances as a local man.”
He also denied it was “a tactical move” as was describing Lulworth Place as empty.
Asked why police did not find his clothing at the marital home he said they had not looked in the right place and his toiletries were not there as he kept them with him.
The case continues
Council leader on trial for election fraud told police he had followed Electoral Commission guidance
