Feb 262021
 

It’s back to business for convicted sex-offender Aberdeen City Councillor Alan Donnelly. His suspension from his role as a councillor ends 3rd of March. Suzanne Kelly writes.

Alan Donnelly was convicted in December 2019 for a November 2018 sexual assault on a young male waiter while attending a civic function in his capacity as councillor

He was given interim suspensions on full pay before a Standards Commission for Scotland hearing was held which allowed him to continue as a councillor.

In November 2020, two years after the assault, Standards declared that a further four month suspension was all the stricture required.

Standards justified their decision saying Donnelly was cooperative, had no previous referral to Standards, and had not received a custodial sentence. The Standards hearing panel could have removed him had they chosen.

Donnelly’s first hearing date was postponed on health grounds His attempt to likewise put off his November 2020 hearing failed.

Perhaps not even Standards could justify another postponement on revelation that Donnelly had enjoyed several holidays while suspended.

In response to the hugely unpopular decision, a formal complaint was made to Ethics Standards in Public Life. Ethics’ role had been to issue a report to Standards before any hearing could be set.

The complainant asked:

  • Why did it take Ethics until June 2020, six months after Donnelly’s conviction, to issue a report?
  • Why did Ethics decide not to give the victim an opportunity to make a statement?
  • Does Ethics took sexual assault seriously?

Ethics found its officers acted properly. There is no avenue for appeal.

Ethics claims it had to determine whether Donnelly was perceived as being a councillor when attacking the young man at a social function.

Donnelly is expected at a crucial council budget meeting

Donnelly’s city council register of interests clearly reflected he attended in place of Councillor Lumsden.

Instead, Ethics waited weeks to hear what the venue managers thought.

ACC Councillor Jennifer Stewart was quoted in the local press saying the sexual assault ‘didn’t sound too bad’. The victim could have been approached for comment, but they were excluded from proceedings.

During its investigation, Ethics was so deluged with complaints about Donnelly it refused to hear anything further.
Had they not shut the public out, they might have learned of a 2001 incident.

While in an ACC social work post, Donnelly reportedly took a sex offender to a bar against rules and was disciplined for it. Standards might not have concluded Donnelly’s improper conduct was a ‘one off’ had this information been presented.

Apparently one sexual assault on its own is not deemed sufficient to stop someone serving as a councillor.

On the 10th of March, Donnelly is expected at a crucial council budget meeting. The meeting was originally set for March 3rd  – the final day of Donnelly’s period of suspension.

However, council business manager Ryan Houghton arranged a postponement, ostensibly relating to central government’s imminent budget announcement.

Donnelly is expected to vote with the reigning Labour/Tory coalition just as he did in 2020 in a meeting that took place the day before his suspension.

Donnelly was a Tory and part of said coalition until he went ‘independent’ coinciding with the sexual assault conviction.

The Labour councillors in this unholy alliance are suspended from the party for defying orders and aligning with Tories. To say that Aberdonians are looking forward to the May 2022 elections is an understatement.

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Mar 212020
 

Three former Torry community councillors have lodged a complaint against Depute Lord Provost Jennifer Stewart with The Commission for Ethical Standards in Public Life. By Suzanne Kelly (one of the three).

The Commission for Ethical Standards in Public Life received a complaint from Bee Kerr, Renee Slater and Suzanne Kelly against Councillor Jennifer Stewart.
They have asked the Commission to investigate, and if appropriate, censure or suspend Jennifer Stewart on account of her behaviour following Councillor Alan Donnelly’s sexual assault of a person at a civic function.

Councillor Donnelly, who has represented Torry and Ferryhill in the past, was placed on the sex offenders register by the Aberdeen Sheriff Court. The court found him guilty of sexually assaulting a waiter.

The offence occurred while Donnelly was at a civic function in his capacity as councillor.

Donnelly tried to deny events; the court said he should be ashamed. He refused to step down despite his criminal act being a clear violation of the Code of Conduct for councillors.

Renee Slater launched a petition demanding Donnelly resign, which was signed by over 700 people.

The Standards Commissioner’s office announced his suspension one day after he voted on a crucial budget during a stormy council session, to the benefit of the council’s majority group. If he doesn’t resign, he will face a public trial.

Prior to this vote, Cllr Stewart took to radio and commented that the sexual assault didn’t sound serious.

She said:

“I would wonder if it was an attack. To me an attack is a much more physical and aggressive thing, but sentence has been passed.”

Her remarks infuriated many including councillors, residents and people connected to victim support groups.

The signatories to the complaint and experts they spoke to feel it is hard enough to cope as a victim of an assault; it is harder still to report it.  Getting to trial is stressful, and many trials end with no conviction.

It is arguably harder for a man to be a victim of sexual assault given some societal attitudes. Elected officials should not use their office to question the judgment of the courts and to add to the burden of the victim, who has had to endure the harmful insult by way of the Depute Lord Provost suggesting the assault was not serious.

It is quite probable, the complainers feel, that future sex assault victims who are aware of Stewart’s widely-reported remarks may be reluctant to come forward fearing she may weigh in to judge them too.

Undoubtedly, her comments on the assault would not have been published had she not been the Depute Lord Provost. She has not responded to a request for comment.

In press coverage almost immediately following her remarks, she accused both the SNP and Liberal Democrats of contributing to her confessed mental health problems through bullying and intimidation.

She named no names; the Liberal Democrats denied any such wrongdoing, and the SNP wished her recovery.

The complainants know the Ethics Commissioner will look into her remarks, which, as they stand, smear the entire opposition with serious accusations of breaking the Code of Conduct – accusations they cannot counter as they are not levelled at any one person or persons.

The Evening Express have been asked to explain how they verified her later claims of mental health problems caused by the SNP and Liberal Democrats; 5 days on, we still await their response

Anyone who wishes to add their name to the complaint or lodge a complaint against a councillor can contact the Commission here: info@ethicalstandards.org.uk