Dec 132013
 

You might think that if someone came onto your land, damaged goods and removed property – and you had a video which could hold vital evidence, the police would want to look at the tape. You would be wrong, if you were called David Milne and living on the Menie Estate. On behalf of David Milne, Suzanne Kelly tried to find out why there was no follow up and why no one would so much as touch the videotape.

TrumpoliceAfter waiting several months for information requests and a Scottish Information Commissioner review, all we know is the information is too sensitive and too secret to reveal.

Put yourself in David Milne’s place. You’re living in a beautiful, protected environment; a sparsely populated coastal area north of Aberdeen. Then, Donald Trump arrives, with plans for a massive development (two golf courses, hundreds of homes, a clubhouse and hotel), and includes the homes and property of you and your neighbours in his development plan.

The national and local governments welcome Trump, and his promises, with open arms.

Next, the police create a special policy for policing the area; they claim to want to deter and detect crime at Menie. Security Guards then appear, randomly demanding identification from fellow residents. They spy on properties from their vans, and signs warning of CCTV recording go up.

Gates are erected and locked shut. One of your main access roads, formerly a well maintained dirt road is turned into an impassable rutted mess, undoubtedly due in part to construction vehicles. Months go by before it is repaired.

Next, Trump claims in the press that his property is being vandalised (which makes you wonder just why his security guards are watching the residents while vandals caused damage).

Police start to visit your neighbours, the Forbes Family, and eventually arrest Michael Forbes for taking property markers from land he is using and believes to be his – he is charged, but the case is later dropped.

Journalists you’ve met and have talked with are arrested and charged with ‘breach of the peace’. Their offence seems to have been asking the site manager when the residents can expect their water back on – it had been off for 7 days.

Photographer Alicia Bruce is dissuaded from making a police complaint although a violent-tempered Trump groundskeeper has threatened her and threatened to smash her camera.

In October 2010 someone has gone onto your property, caused damage, and removed property; someone who just might be linked to the Trump development – which soon erects a cheap fence and sends you the bill for it.  You have a video which shows some, or part of, the potentially criminal activity.

You report the matter to the police. Surely, given their area policing policy, they will be swiftly investigating, and bringing someone to justice.

Only, the police are letting the matter drop.

michael-and-policeWho decided the incident wasn’t worth following up? Why wouldn’t the police look at a video showing the possible criminal activity, if they were willing to charge Forbes with theft and journalists with breach of the peace? How can a petty removal and return of border flags be worth an arrest, and actual damage to your property not be important?

You want answers, and a freedom of information request is launched with Grampian Police.  The police then decide to answer some, but far from all of your questions.

You ask them to reconsider; you ask them for an internal review. You still don’t get the answers.

The next step is to approach the Scottish Information Commissioner’s office. Months go by, and one or two emails ask further clarifications of you.  Then the decision comes out.

There is some good news – information will (eventually) be released concerning correspondence on area incidents.  But the reasoning and procedures used to stop the police investigation are not forthcoming. This is pretty much the end of the line for most of your questions, and back to square one for other questions.

What the Commissioner Found (or didn’t find)

The decision the Information Commissioner came to can be found here. It is appreciated the law says that no information can be released which might reveal police procedure or might undermine public confidence in the police. However, several points arise when reading the decision.

1.  Right to reply while the investigation was live

Should there have been a right to comment on the Police Scotland representations when the decision was still in the draft stage?  In an investigation made by the Scottish Information Commissioner regarding Stewart Milne, there were regular updates, and opportunities to comment on Aberdeen City Council’s representations to the Commissioner.

If there hadn’t been this opportunity, the city’s claim the information was too expensive to get would have been allowed to stand – this claim was disproved by keeping the petitioner informed of the council’s claims, and allowing the petitioner to comment on them.

Other opportunities for involvement in the Commissioner’s investigation were reflected in passages such as:

“If you would like to make any further comment regarding the Council’s reliance on section 33(1)(b) of FOISA for this information then please feel free to. Any comments you make will be taken into consideration in reaching a decision on this case”.
http://www.itspublicknowledge.info/ApplicationsandDecisions/Decisions/2011/201100822.aspx

and

“In order for me to thoroughly investigate your case I would appreciate it if you could provide me with a submission as to why you consider that there is a public interest in disclosure of information.” (IBID)

2.  No info blackout?

Relevant information was found exempt from disclosure because it contained third party data.  Surely some form of redaction of this personal third party data might have been possible – local and national governments issue ‘redacted’ documents (documents with passages blocked out) all the time.

This suggestion could have been made to the Commissioner during the investigation. It might or might not have been acted on, but the case for redacting the ‘sensitive’ information could have been made.

3.  Public Image: Limited

With regard to the need to maintain ‘public confidence’, is it possible that the lack of transparency is exactly what is eroding confidence.  When it seems, in cases such as this one, that laws are being applied unevenly – particularly where there is a specified local policing strategy in place, you might think the police would be eager to explain apparent disparity.

4.  Investigation?  What investigation?

There are parts of the decision which call for almost line for line comment; below are some points (marked with letters in square brackets) and relevant comments.

In Points 19 through 25 of the Decision, it is established that the

[a]“…withheld information was held in files of investigations into allegations of criminal conduct which were carried out under the statutory obligations of the Police (Scotland) Act 1967″ and that the Commissioner accepts that the police

[b] “held the withheld information for the purpose of an investigation…” and therefore she

[c] “must conclude that the exemptions apply.”  The police claimed that:

[d] “disclosure of the requested information would entail releasing information gathered for the purposes of an investigation, which would involve details of investigatory processes and other issues considered as a matter of course during an investigation” and they also claimed

[e] “disclosure of the information would reveal processes showing how allegations are investigated which could prove useful to criminals and those intending committing a crime.”

[a,b] Had there been the opportunity to comment during the investigation, it would have been pointed out that no investigation took place – how could there have been an investigation when potentially crucial videotape evidence was not examined?  Therefore Police Scotland’s claim its data was “.. for the purposes of an investigation” looks just a bit shaky.

As they had written on 29 March 2013:-

“The solicitor gave advice to the officers dealing with the matter and based on his advice, they made the decision that the incident was not a criminal matter.”

[c] Perhaps the Information Commissioner would have still sided with the police, but there should have been a chance to throw reasonable doubt on their reason for withholding the information.

[d] It can be argued that the information the police had was not gathered for the purposes of an investigation; the evidence they have must be  largely what David Milne gave to them directly. This refusing potential evidence is a move which hopefully is without precedent.

The refusal leads to the question: Was a decision taken that the special policing policy invented expressly for the Menie Estate did not apply to David Milne but only to the developer? The policy was to:-

“Maximise safety; minimise disruption; facilitate lawful protest; deter, detect, detain and report those responsible for unlawful behaviour.”

Disclosure of the thinking behind the lack of investigation seems clearly to be in the public’s interest  – if laws are not being enforced and/or criminal activity is not being investigated, the public would have serious concern. At present, it certainly looks as if Justice decided to peek out from under her blindfold and engage in a bit of favouritism.

[e] It seems a bit of a stretch to claim that telling Milne why his vandalised property didn’t warrant proper investigation would jeopardise Police Scotland’s secret investigative procedures and help criminals.

At present, there are dozens of police documentaries and docu-dramas, from Crimewatch UK to several specific programmes which give a great deal of information on how the UK and Scottish police investigate (or do not investigate in this instance) criminal activity.

As well as a sizable list of crime documentary/procedural shows, there are books such as ‘The Police Procedural’ by George N Dove – which leaves little left to be revealed on points of police procedure.

Stating at Point 30 of the Commissioner’s decision that:

“it will not be in the public interest to disclose information if this would undermine the confidence of the public in that part of the justice system or the confidence of police officers gathering information for such investigations”

There was no investigation, so it is hard to see how this point of law is applicable in this situation. With all due respect, withholding information as to why this incident was not fully investigated is precisely what might erode public confidence in the police.

5.  Whodunnit?

At Point 36 of the Commissioner’s Decision it again becomes regrettable that there was no opportunity to comment on the draft decision before its release.  This point states

“… the decision not to pursue a prosecution was not made by their solicitor, but by the officers investigating the matter who considered that the incident was not a criminal matter.” 

This brings up two important issues.

Firstly, there is a large contradiction in what was originally released by the police and the Information Commissioner’s conclusion. The Commissioner has been advised at some point in her investigation that it was police officers who decided the matter was not a criminal one. However, on 29 March the police wrote in a letter:-

“ The solicitor gave advice to the officers dealing with the matter and based on his advice, they made the decision that the incident was not a criminal matter.”

This again reinforces that there was no investigation – so the reasons given for not releasing the desired information because it was the subject of an investigation is something of a Catch 22. It would be very interesting to know if it was on the solicitor’s advice or on the police’s own judgment that the video was refused.

6.  Policy

As previously raised, the police invented a specific, Menie-based strategy. The following question had been put to Police Scotland in the original request:-

“…in Spring 2009, following the announcement of a number of strategic economic and infrastructure developments, Grampian Police established a short life Critical Incident Preparation Group (CIPG).

“… a generic, local strategy, relevant to Menie Estate (was) developed. This has been determined as; Maximise safety; minimise disruption; facilitate lawful protest; deter, detect, detain and report those responsible for unlawful behaviour.”

In light of this stated policy, do the police consider that its handling of the incident at the Milne property in October 2010 fits in with the strategy of ‘…detect, detain, and report those responsible for unlawful behaviour’? If the policy was not applied to the trespass, theft and damage at the Milne property, then whose decision was it that the policy did not apply?

In any event, it seems clear that the police do not want to explain why this policy was not used to protect Mr Milne.

Later on, as Trump operatives moved onto land that was subject of a civil dispute, police enabled Trump’s employees to take the law into their own hands, enter disputed areas and even cause property damage, while helpless Forbes was told he couldn’t do anything to stop it.

In that case it is possible the police were not correctly applying law and arguably going against their own invented local code for most of these incidents. As the saying goes, “there is one law for the rich, and another for the poor”.

8.  Of No Interest (?)

At Point 24 the Decision notes the Police claim “there was no significant wider public interest”. This is simply untrue, not least because of the outcry at the treatment meted out to Menie resident Michael Forbes, who was initially charged with theft for taking marker flags out of his field, which he then handed over.

The arrests of journalists Anthony Baxter and Richard Phinney also throw light on what confidence in the police the public may have, and certainly these incidents show there is local, national and international interest in policing at Menie.  Point 24 should not have been allowed to stand without my right to reply as applicant.

9.  Contradiction?

David Milne had also accomplished the impressive feat of getting some 19,500 people to sign a petition to Holyrood asking for a public inquiry into the goings-on at Menie. This was, unsurprisingly, turned down: the Petitions Committee’s procedure was to ask the agencies in the firing line if they wanted to be investigated. To a one, they said no.

This lack of transparency regarding the Milne property vandalism brings back the spectre of the aborted public inquiry: at present we’re being told information can’t be released, but at the time the inquiry was possible, the police wrote that there was nothing left to disclose.

Despite that claim to the Petitions Committee, there certainly seems to be fair amount of information regarding Mr Milne’s case which the police haven’t, and won’t disclose after all.

This rather raises some interesting questions about the accuracy of the police representation to the Petitions Committee, which reads in part:-

“Police Scotland remain completely neutral on all matters concerning the development of the Menie Project with our focus remaining on ensuring that officers approach their duties with integrity, fairness and respect for all parties involved, and only taking action where appropriate to address behaviour which breaches the criminal law. 

“It is our position that all officers involved in the policing response connected with this development have carried out their duties in an impartial and transparent manner.”

Some people beg to differ.

Flaw and Order

At the heart of the refusal to supply information there is the carte blanche, the all-encompassing get out clause for FOI requests put to the police:  it seems releasing this kind of information just might “undermine the confidence of the public in that part of the justice system.”

Recent restructuring of Scotland’s regional police forces into Police Scotland spelled the end of Grampian Police. This had to be a good thing; the local police force didn’t exactly have an untarnished recent past. Its former top policeman Ian Patterson is going to prison for sex offences.

Two officers of what was the Northern Constabulary were recently convicted of a bizarre, wholly unlawful abuse of two troubled teenage girls, taken from their care home to a remote farm, frightened and forced to walk without shoes through horse manure.

But it was a new low for the police force of Grampian and Scotland when the documentary ‘you’ve been trumped’ captured the moment that Baxter and Phinney were abruptly, roughly – and to any rational person’s judgment – unjustly arrested at the Menie Estate. The arrest shocked the world, and the documentary showing life at Menie has travelled the world, winning awards.

The Police Scotland reorganisation was meant to improve the police’s operations and public image, but scepticism continues.

Judging from the response David Milne had to a freedom of information request, this scepticism, if not mistrust and lack of confidence in Police Scotland, may be around for a good long while yet.

In an article on 23 November 2013, the Herald raises some doubts:-

“One national force, it was argued, would not just save on costs, but would also improve accountability. This has not transpired, at least on the evidence of a refusal by Police Scotland and the Scottish Government to release details of the KPIs being used by the new force. As we reported this week, both bodies rejected our Freedom of Information request on the topic.” 
http://www.heraldscotland.com/comment/herald-view/police-accountability-at-important-junction.22755317

The Herald wasn’t able to obtain information on how the police operate, and so largely it proved for Milne.

Yet the Information Commissioner has partially sided with Milne. He will not be getting all of the information (or indeed much of the facts sought), but he will be receiving – in January – further details about police cautions issued at Menie.

The police decided that when asked for information ‘since 2010’ they could merely give information from 2011, even though the original information request told the police to ask questions if they were not sure what was meant.  This information will be of some use, but it won’t really address the big picture.

If the idea is to maintain confidence in Police Scotland, perhaps accountability and transparency (as the Sunday Herald article suggests) would be a good start.

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Nov 212013
 

Voice’s Old Susannah takes a look over the past week’s events in the ‘Deen and beyond. By Suzanne Kelly.

DictionaryTally Ho!  Another exciting, fun-filled, vibrant, dynamic and connectivity-laden exciting week’s gone by in Aberdeen.

Lots of action at BrewDog this past week, with a few tastings, new products, and interesting visitors. I spent some time with my favourite Scottish film director who was there for a bite and a beer.

Earlier in the week a newlywed couple and small wedding party lit the bar up; it was a pleasure to see the happy couple, and all happiness to them

Animal charities Mrs Murray’s Home for Cats and Dogs and Willows threw fundraisers; they and other charities such as Blaikiewells Horse Sanctuary and The New Ark need support as the cold weather, feed costs and animal abandonments all get worse.

This winter will be tough on everyone, especially our older residents and those facing financial hardships.  The VSA can point you in the direction of how to help.

It will be a pretty bleak winter and future for Scotland’s deer.

Scientists are lecturing estate managers on killing does and hinds, and organisations such as SNH (Shootin’ ‘n’ Huntin’ to give it its full title) want to wipe out up to half of Scotland’s deer, much to animal lovers and estate managers dismay. SNH wants powers to turn its deer guidelines into enforceable laws so they can go onto any land they like and demand deer culls.

We did see that coming. Estate managers argue the SNH has its figures wrong and they see firsthand what the deer populations are like, and no additional cull is needed. Who are you going to believe – empire-building, jumped up power-hungry government mandarins, or people who see deer daily? Why the government, of course – when have they ever steered us wrong?

On the other hand ‘Wildlife’ charity (???)  Scottish Wildlife Trust want to wipe deer out in order to help Scotland meet its wholly arbitrary (and very high) CO2 management goals. It’s all those deer driving around in cars on their own rather than taking the bus that’s polluting our air you see.

Between the Wildlife trust charities wanting to blast deer rather than protecting them, and the Forestry Commission wanting to turn forest land into windfarm sites, it’s a wonder we have any wildlife left at all. Deer are also being blamed for the demise of the Capercaillie, the decline of which has nothing to do with loss of habitat, pollution, human activities, fencing, etc.

Also hard up this winter will be our very own Stewart Milne

Perhaps for festive Christmas cards we should replace any scenes of deer in forests with wind turbines, guns, boffins, and Aileen Malone. Funny, you don’t hear that much of HoMalone these days, but rest assured, she is remembered for her work on Tullos Hill, culling deer.

Also hard up this winter will be our very own Stewart Milne. His company is posting a loss (again).

No doubt once people snap up his new houses by the Cove Bay roundabout and electricity substation overlooking the dual carriageway, he’ll be back to his 7 course meals in the Marcliffe (before it is turned into a much-needed office complex instead).

In the news this week, Audit Scotland reports there may be arguments and problems in the council – this shocking claim has caught everyone by surprise. Willie Young will be posing for photos with Callum McCaig for a joint Christmas card, to disprove the rumours of infighting.

At least the current crew of councillors aren’t flogging property off for a song and shutting down needed services like the past lot did. If some people seem to be coming to blows I’m sure it’s actually just good-natured horseplay (although from what my sources tell me, this can get a bit rough).

Of course it is only the elected officials who are the problem; it has nothing to do with staff and officers, who all get along famously.

Finally in the news, Hull has won ‘City of Culture 2017’ over Dundee. The judges had some interesting things to say about the Aberdeen bid, which can be found here. Perhaps a few definitions on ‘lacks cohesion’ and ‘deliverability’ are called for.

Gone with the Windfarm / Storm in a Toilet

No story was bigger though than the Trump Court of Session windfarm trial. It’s even bigger than the Evening Express’ exclusive that city council gardeners are storing tools in the otherwise unused and lockable Union Terrace Gardens toilets. The gardeners gave up their own personal time to help with many events in the gardens held by many groups.

Clearly, the Evening Express and the city council would have preferred them to be doing important things like moving old paint cans out of the loos instead.

it’s in such a poor state those who might want to buy it aren’t allowed in to see it

There has already been a flood of argument on this subject on Facebook, but for those who are worried about the heritage of our city and its listed buildings, perhaps turning an eye towards Westburn House might be a more appropriate way to channel energies for those who are worried about Aberdeen’s built heritage.

This great building is Grade A listed, it’s on the market, and it’s in such a poor state those who might want to buy it aren’t allowed in to see it, which is something of a drawback.

Old Susannah hears the city’s own engineers don’t want to set foot in it either. No word on whether any rakes or paintbrushes are inside Westburn. Perhaps it’s time to take stock of all the listed properties in the City’s care, and get them up to scratch.

Anyway, Trump in his generosity is even willing to selflessly get involved in whether or not Shetland will get more wind turbines; as an American billionaire (or should that be racketeer?), of course his ideas about Scottish energy generation are essential.

As mentioned, that champion of social justice Donald Trump is bravely demanding his rights in the Court of Session. What are his concerns? They can be summarised as:

  • fighting for his right to have his views to sea unspoiled.
  • fighting for his right to stop unnecessary, unattractive overdevelopment at the expense of the environment.
  • fighting against the government helping and advising special interest groups achieve their ends.
  • ensuring all existing laws of the land are respected in Scotland.
  • fighting the fact that no-one came to the golf course to see first hand what the visual impact would be of the dreaded offshore turbines.

What a guy. You’d expect such noble aims from a man with his own, brand-new, family crest, wouldn’t you? Anyone suggesting that this is hypocrisy taken to a whole new level is just jealous of Donald.

Word is that Susan Munro is baking him a bund-shaped cake

It would churlish to suggest he, in some way, is getting a dose of his own medicine or his just desserts. It’s time we gave credit to the man for everything he’s done to us – sorry, for us.

Word is that Susan Munro is baking him a bund-shaped cake as a consolation gift, and that David and Moira Milne have invited him up for a drink to look out from Hermit Point past the dying Trump-planted trees to see just how bad the windfarms will be. I may send a bottle of Glenfiddich, if he’s not named Top Scot of the year.

In celebration of all things Trump, and as a gesture of solidarity for the wigged one, Old Susannah considered flying to Africa, killing some water buffalo and elephants, stopping for a few selfies, and flying out again. As there were no suitable private jets with gold-plated taps available, I opted instead for offering a little true or false quiz.

First and Second prize will be a pint of BrewDog; last prize is a pad of genuine Trump logo notepaper, and a photo of Sarah Malone, aka Mrs Damian Bates. Send in your guesses to competition@aberdeenvoice.com.

True or False Quiz

1.  Susan Munro and residents of Leyton Cottage have had their view of the sea removed by a mound of earth Trump plunked yards from their home without any planning permission. No site visit was ever made to consider the impact of the bunds.  This is acceptable.

2.  Donald Trump’s golf course was not visited when consideration of an offshore windfarm miles away was planned and his permission was not sought. This is unacceptable.

3.  No one should have to look at offshore wind turbines when they’re playing a round of £200 per game golf at Trump Golf Links International Scotland.

4.  Trump had advice from government quango Scottish Enterprise worth at least £30,000.

5.  It was completely wrong for the government to give advice to pro windfarm groups.

6.  Trump wined and dined with two First Ministers and Jack Swinney of Scottish Enterprise when he was seeking to build his golf complex at Menie. This did not in any way indicate undue influence for a live planning application.

7.  Trump’s aide was present at the Marcliffe Hotel (beneficiary of the ‘Trump Effect’, soon to be turned into office buildings and its grounds destroyed) when a call was made about Trump’s application to the Shire council, which rightly raised a few eyebrows.

8.  Trump told the media he’d been promised permission for his golf complex by the government; he released this after he had a spat with Salmond over the windfarms.

9.  It was OK for the government and Scottish Enterprise to favour the Trump course. It is not OK for anyone to favour windfarms that golfers might have to look at.

10.  Trump is bringing billions of pounds into our fragile economy, has made us all wealthy, and therefore we should do as he says.

11.  Trump is implicated in the US in racketeering for his ‘Trump University’ scheme.

10.  There is nothing at all contradictory or hypocritical in any part of Trump’s legal actions against the windfarms and the government.

Do send in your entries. In case of a tie, here is the tie-breaker question:-

“I support Donald Trump and all he’s done for Scotland because……   “

We’ll leave it there for now; good luck with the quiz, and next week – more definitions.

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Oct 212013
 

By Bob Smith.
empty-golf-course2

A wis spikkin tae a gowfer
T’wis jist the ither day
Fa wis tellin me a story
Aboot Americans here tae play
.
He wis playin ower at Murcar
An met some Yankee billies
Fa’s opeenion o The Donald
Wid gie Dod Sorial the willies
.
The chiels hid played Royal Dornoch
An ither courses aat war gweed
Afore tryin oot Murcar’s challenge
Far ye hiv tae use the heid
.
Fin ask’t aboot playin Trumpie’s
They fair did hoot an holler
Sayin they hid nae intenshuns
O gien The Donald a dollar
.
Their opeenion o the Trumpie
Wid mak Donald tak the hump
The haill lot they did cry
“Stuff yer Donald Trump”
Noo a’ve heard the same opeenion
Fae Yanks playin “the hame o gowf”
Maist widna be spennin ony siller
At the Menie course an howff
.
It wid appear aat The Donald
Is nae weel thocht o at aa
Fowk in the lan o his birth
Nae langer heed his blaw
.
Noo in the rest o Bonnie Scotland
Seems the mannie’s thocht a joke
Only in the rich Nor-east corner
At Donald– fun ye canna poke
.
The mannie’s “tilt at windmills”
Fin he roars an teers his hair
If they warna near his gowf course
Div ye think the bugger wid care?
.
Awa wi yer “Love o Scatland” min
Some think yer jist a bam
We’ll aye drink a toast tae justice
O coorse wi a Glenfiddich dram

©Bob Smith “The Poetry Mannie” 2013
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Oct 112013
 

By Bob Smith.
Marcliffeentranceroad

The Marcliffe t’is closin doon
It’s gyaan tae be nae mair
Some fowk wull be sorry
Ithers jist winna care
.
Mr Spence he is  tae retire
Say’s he’s gyaan oot wi a bang
Wi lots o things tae celebrate
Wull Trump compose a sang?
.
The mannie his bin aroon
The hotel gemme fer a fyle
An naebody can argie aat
The Marcliffe his some style
.
A’ve bin ‘ere at some waddins
Wis leuk’t efter wi great care
Bit the price o a roon o drinks
Wid gie the Rockefellers a scare
.
Yet a canna help thinkin
Fit wye’s it closin doon
Cwid it nae be cairry’t on
Bi Ross, a Spencie loon?
.
The toon needs gweed hotels
O ess we’re aye bein telt
So fit wye is ess een closin?
Fit wye cwid it nae be selt?
Priced ersels oot the mairkit?
Even in ile rich Aiberdeen
We’ll nivver ken the answer
Meybe times they are mair lean
.
Wis the askin price ower muckle?
Did ess scare hoteliers aff?
Or his the roomies nae bin full
Fer tae justify aa the staff?
.
Is Mr Spence jist affa shrewd?
An he’s oot tae mak a killin?
Kennin fine aat property developers
Tae pey his price they wull be willin
.
Fin the Marcliffe it closes
Mr Spence he wull be free
Tae wanner ower tae Menie
An meet Donald on the tee
.
He micht be a Trump supporter
Bit in retiremint a wish ‘im weel
Ae thing he his fair proved,
As a hotelier, he’s nae feel
.
.
.
.
©Bob Smith “The Poetry Mannie” 2013
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Sep 302013
 

Another day at the Menie Estate, another breach of the approved planning permission occurs, and another retrospective planning application appears:  it certainly seems like business as usual. However, this latest application is a step too far for residents.
Suzanne Kelly provides background, and tells you how to object to the application and thereby help the residents of Leyton Cottage get their sunlight back.

Susan window 2

View from Munro kitchen of bund with vegetation preventing access where it previously existed, blocking light and view. July 2013_

Trump came, saw and continues to conquer both nature and our planning laws. What was meant to be temporary ‘stockpiling of earth’ has turned into a nightmare for Susan Munro and her family at Leyton Cottage.

Currently, there is an application and an accompanying report (written by environmental consultants working for Trump, Ironside Farrar) which would see giant bunds made permanent between Leyton Cottage and the rest of the estate to the detriment of those who live there.

Susan Munro has this to say about the bunds:-

“The bunds caused  drainage problems with water unable to get away due to the car park [formerly a green space, now tarmac] and washed our road away for weeks – we were unable to get home.  The large bund is blocking light from the house and also our views.”

Dirt blows into the house, into car engines; dirt and sand have killed many garden plants. The law as it stands doesn’t care about the views – but surely it must care about blocking light and property damage?

Anyone opposed to this proposal to keep and enlarge the bunds is advised to lodge their objections to Aberdeenshire Council’s Planning offices before 6 October.

Objecting is straightforward and can go a long way to helping one of the many long-suffering families. Again, people are literally living in Trump’s shadow, and this giant wall of earth serves to immure a cottage and its residents.

The application can be found here:  http://www.aberdeenshire.gov.uk/planning/apps/detail.asp?ref_no=APP/2013/2469
Here is where to lodge your objection: – http://www.aberdeenshire.gov.uk/planning/apps/comment.asp?ref_no=APP/2013/2469&sector=F

-and here is why you may wish to do so.

In an audacious, unannounced, callous move which was captured by Anthony Baxter in documentary You’ve Been Trumped, a huge mound of sand and earth was bulldozed into place between Leyton Cottage and its view of the land and sea back in 2010. No warning was given. At one point the assurance was given that these bunds were just part of construction and were temporary.

In fact Sarah Malone Trump VP, wife of supportive local newspaper editor Damian Bates said at the time:-

“With regard to the stockpiling of soil … this is a necessary part of the golf course construction process, for which we have full planning permission…  No-one is being intimidated – we are merely getting on with the business of building. The landowners in the vicinity know that they are now living in the middle of a very large construction site and work will only increase over the coming years.” http://www.scotsman.com/news/donald-trump-s-star-greenkeeper-sacked-over-wall-of-earth-1-833456

Perhaps Ms Malone should attend the hearing and explain the construction process and the engineering requirement for the bunds.

SignSandBundThis ‘stockpiling of soil’ ruined car engines at the Munro property, killed many of their garden plants, damaged their home – all from soil and sand blowing from the mound into their property from the bund.

They have not been able to view the sea from their home since.

A wooden bench on their land sits empty; it is on a hillside, and they used to sit up there and look out to sea.  Now they look out on a mound of earth covered with dying pines on top of it.

Perhaps Ms Malone – a woman who admits she has zero experience of building golf courses or housing complexes – believes this mound was business as usual, and was an approved, temporary measure. It’s still there, landscaped on the side viewed by the golf club visitors, covered with weeds and dying trees on the Munro side.

While there is some grass slightly lessening the effect of the blowing earth and sand, this constant stream of windblown dirt can be seen on a sign outside the cottage.

Ironside Farrar have not answered any emails from Aberdeen Voice, nor has its professional body, the Royal Institute of Town Planners. The RITP’s website boasts of the professional calibre of its members. Despite Ironside Farrar writing in its report to the Council the bunds have been lowered, the largest one is still there, unaltered, and the bunds do not appear to have been part of the approved original plan.

There has been some lowering of a short, tiny bund between the parking lot and the Munro house.

Trump said he didn’t want to see the houses – so he basically walled the people in, or so it seems.  Now he’s fighting to keep the bunds, submitting the Ironside report with his application concerning parking. If this nodded through, it will be a dark day for more than just the Munro family; it will mean seeking retrospective planning permission is an acceptable way to build.

I have been dealing with Susan Munro for some years now, I have seen the bunds and the damage they have done, the bunds have been a topic of conversation at every meeting we’ve had:  the family want the bunds gone.

Photos of Susan by her kitchen window looking out at the bund where sun and sea used to be seen, are both iconic and symbolic of how Trump treats his neighbours – with contempt.  Can you imagine looking out of your home one day at sea, sky, wildlife and sunlight – and the next day looking at nothing but a mound of earth?

This bund must not be allowed to stay. There is some possibility that this action breaches her human rights – it certainly looks to any feeling person like a gross act of bullying and intimidation.

The Report

The report by Ironside Farrar is at best illogical; at worst it seems to be misleading.  The report can be found here:  http://www.ukplanning.com/aberdeenshire/doc/Other-9855674.pdf extension=.pdf&id=9855674&location=VOLUME7&contentType=application%2Fpdf&pageCount=5

While Ironside Farrar start off their report by acknowledging  the conditions which were put on Trump for his non-spec parking lot, they have decided that the best thing to do is to ignore this rather clear directive, decide that they know what it really means, and then things get even less logical from there.  They start off:-

BundReportOf course, no reinvention or reinterpretation of the condition was required.  They did so anyway with their design proposal:-

BundReport2 When it comes to audacity, the report has no equal:

“This will in turn protect the residential amenity of the owner/occupier of the property.”  is their astonishing and easily disproved claim.

In an ideal world, planners, councillors and objectors would complain about this unsupported and illogical conclusion appearing in the report. In summary, rather than sticking to the instruction to take the bund down, the environmental consultants working for Trump decided a bund is somehow needed, and they have the nerve to suggest it is Susan Munro’s amenity they are being considerate of.

The consultants talk of using native species on the bunds which they propose to be made even larger. Clearly their concern for Susan Munro doesn’t extend to the drop in her property value these bunds so blatantly would mean.   They seem to be aware that the existing bunds are very steep (not great for tree root systems) and mostly composed of sand (perhaps why the doomed pine trees keep dying).

trees_to_be_planted_on_bund_near_S_Munro_trees_already_planted_not_doingvery_well_16_feb_13These trees by the way are perpetually planted in the sandy bund, watered by clumsy, unattractive plastic pipe systems, and inevitably die and get replaced.

It is wasteful and disrespectful to the environment that these trees are used in such a manner, but surely the report writers can’t stretch the truth so far as to say removing the trees constitutes reducing the bunds in height, can they?

Not that there is any sign of the trees actually coming down, until they finally turn brown and are dragged away to one of the rubbish tips on the estate.   The report closes with drawings showing massively high bunds, mature trees – but with no trace of the cottage on the plan; this is quite an oversight.

If you didn’t know precisely where the cottage was, these drawings are of little use.

They do however give you an idea of a massive wall of earth, a Great Wall of Menie, which will cut the Munros off from light even more so than the present bunds do, leaving the cottage in a claustrophobic cell: and these environmentalists, Ironside Farrar, have the gall to say it is for the Munro’s benefit.

It is hard to think that the planning authorities can possibly grant permission for the bunds to stay, or that any councillor, sworn to uphold the rights and needs of their constituents, would allow a neighbour to build a great wall of earth on a property boundary.

What they decide to do will speak volumes, and it will be widely reported.  Again, objections are due before 6 October; your help is needed.

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Sep 272013
 

Lies, Damned Lies, and The Trump Effect (or 74% of people don’t remotely trust the Evening Express).

Credibility is stretched to new extremes by claims made by the Chamber of Commerce and the Marcliffe’s Stewart Spence concerning ‘the Trump effect’. Numbers, surveys and statistics are used in attempts to demonstrate how positive an impact Trump is having on Aberdeenshire tourism. Suzanne Kelly peeks behind the curtain at the little man pulling the strings, using a satirical survey to demonstrate just how easily statistics can be massaged.

StatspicTrump International Golf Links Scotland hasn’t exactly been booked solidly, if its own online booking tool is anything to judge by.

But an assortment of people and institutions which were leading the call for the course to be built are hard at work, convincing us that we’re all better off with money flowing in.

There may be some money coming into town indeed, but here are a few thoughts before we swallow the bait whole.

Ninety-three percent increase in room sales to golfers at the Marcliffe!  Such a precise claim, it has to be accurate doesn’t it? 

Many people who’ve heard this statistic are accepting it as proof of Trump having a positive economic impact.

The Chamber of Commerce published an article, “Golf Halo effect benefitting Aberdeen City and Shire hotels by up to 93%” (http://www.agcc.co.uk/news-main/item/21109-golf-halo-effect-benefiting-aberdeen-city-and-shire-hotels-by-up-to-93/).

There is that magic number 93 again. It’s a high number, it’s echoed by Spence, the Chamber of Commerce, and in a few press releases that have been turned into press articles by some of our printed press. This is, in propaganda terms, positive reinforcement; a claim is made, it is repeated, it is not explained in depth by those who want you to believe it.

It starts to sink in.

We have the precise-sounding number ‘93’; we have had that figure reinforced in different media. You would be forgiven for drinking from the trough you’ve been led to and take it for granted that it is true and not to be questioned.

But numbers can be made to do almost anything you want them to do.  Is the glass half empty or half full? The answer depends on the spin you put on it.

A satirical survey was carried out for one week concerning the Evening Express; over 50 people replied to it. In truth, 52 people replied to it – but if you say ‘over 50’ people – then the reader can imagine higher numbers.

Taking that logic forward, let’s consider again the Chamber’s claim that the ‘golf halo’ is benefitting hotels ‘by up to 93%.’  This statistic is nearly meaningless.

How many hotels were in the survey? How many benefitted by 93%? How many benefitted considerably less than that? How many tourists were counted and how was it done? What was the mean (the figure arrived at by adding all the results together and dividing by the number of hotels)?  Was the mean significantly less than 93%?

StatsangleWithout further details such as the length of time the assessment covers, what other events were on which could have increased tourist numbers, how was the measurement made, this ‘up to 93%’ means next to nothing.

Furthermore, from most reports it is apparently the Marcliffe’s Stewart Spence claiming this 93% increase for his hotel.

The Marcliffe is a nice spot. Do hundreds of people stay there? No.

In fact there are 7 suites and 35 rooms.

Therefore this 93% increase is not likely to mean any huge number. For one thing, Donald Trump is known to have stayed at the Marcliffe; no doubt some of his large entourage stays with him. Let’s just say Trump gets one suite when he has stayed: Doing the maths, this is a 14.28% increase in suites used for visitors to the Trump course.

Depending on who’s doing the statistical analysis, you could also call this a 100% increase in Trump-related visitors from the time before the course.

The Chamber’s report also reads:-

“These figure relate to the golf ‘season’ from May to date and Mr Spence considers that by the end of September, this figures will have increased further to the point where rooms booked by golfers are three times as high as bookings in 2012.”

Coming in at something less than 93% increase – a 5% increase is reported by Jury’s.  This is buried in the Chamber’s article, and Jury’s less boastful claims also credit a discount offered as well as theatre and other events than golf being a factor.  But again, is the Marcliffe really imposing a survey on all of its well-heeled guests?

Is it guessing who’s playing and who might be playing? Without knowing the methodology used and the numbers involved, Mr Spence’s guess is just that. Furthermore, he’s hardly likely to do anything but insist the numbers are up; it might just be in his interest for us to think all is rosy – and for Mr Trump to hear him making such positive noises.

There also seems to be a faint hint of arrogance at suggestions that Trump is now why people are coming to our area to golf. There are after all more courses than this new one.

What questions you ask and whether or not they are slanted can generate virtually any statistic you want to generate.

Getting back to the spoof Evening Express survey, here are the results:-

Question:  Do you Trust the Evening Express?

Answer Choices                                                                                                                                                                           

Responses

Yes when it comes to cute baby competitions 14.29% (7)
No 20.41% (10)
Not Even Remotely 73.47% (36)
Total Number of Respondents  49


Question:  What do you think can be done to improve the Evening Express?

Answer Choices                                                                                                                                                                            

Responses

Sack the Editor 48% (24)
Protect the jobs of the workers who it seems face more job cuts 32% (16)
Allow reporters to investigate stories and write their conclusions up freely 68% (34)
Stop taking items that are 3 days old and recycling them 46% (23)
Exorcism 28% (14)
Total Number of Respondents 50


Question:  What do you think of first when you think of the Evening Express?

Answer Choices                                                                                                                                                                            

Responses

Sarah Malone Bates, VP at Trump Golf, Winner of the EE Face of Aberdeen Contest, and her subsequent marriage to Damian Bates, Aberdeen Journals Editor in Chief, and the wee potential for a conflict of interest this creates 70% (35)
The balanced, reasoned, multifaceted approach to local issues 6% (3)
The lovely pictures of the granite web, printed at the drop of a hat 28.00 (14)
The time their headline read ‘two deer found dead ahead of cull’ and the deer actually
died a year before of unknown causes?
18% (9)
Total Number of Respondents  50


Question:  What would you most like to say to the EE Editorship?

  • Print facts without bias
  • More people read Aberdeen Voice………
  • propaganda isn’t journalism.
  • Just give up.
  • Print a newspaper, not a comic
  • You traitors!
  • What will you do when there is no more oil? You’ve sh*t upon the people of Aberdeen for many years (on behalf of your advertisers), so there will be no-one to cry when your advertising revenue dries up and your paper goes bust.
  • Not printable, I’m afraid.
  • Have you considered journalism as a possible change of career ?
  • Well done for speaking up for the silent majority in Aberdeen, those who shout loudest usually get what they want, that’s why our City is such a mess.
  • Print the truth
  • Why and when did he decide that Joseph Goebbel’s style of propaganda was appropriate for a local newspaper?
  • Get out of the pocket of big business.
  • The only content from local areas is of vandalism or babies. If there is any cultural events happening that the EE haven’t sponsored – they will not find its way into the paper. Certainly have no decent article written about them.
  • You’re a crook and an obsequious lickspittle of corrupt and greedy businessmen
  • Unprintable
  • Well, hello, I suppose as I didn’t realise it had an editor. Thought some PR company just collated their press releases. I would also like it to campaign for chips to be wrapped in newspaper once again – then it would have a purpose
  • Take a reality check
  • Can the editorship read?
  • Balanced! Not a lot of crap typed by keyboard warriors!
  • I used to think this paper was the only one worth buying, until it printed a story about me that was utter sh*te.
  • Stop printing sh*te!
  • Your fired
  • we want proper unbiased news not some fatcats pipedream
  • so long and thanks for all the fish
  • How do you manage to sleep at night.
  • Get a grip.
  • Goodbyeee!
  • Stop promoting Donald Trump, Sir Ian Wood and Stewart Milne.
  • Unprintable.
  • Get tae …
  • Get a divorce, mate.
  • Nothing …. because anything I say will be taken down, changed beyond recognition, put in quotes and used against me in a skewed context.
  • What is the difference between the EE and a bucket of shite? The bucket.
  • Being the “Millionaires Best Friend” and slanting the news accordingly, may be profitable, but as a newspaper, ???? shameful.
  • Ta, ta!
  • Get Ye behind me Satan!!!!
  • Stop sucking up to “Big business”

 

Question:  What would you like to see done to the EE headquarters?

Answer Choices                                                                                              

Responses

Build a granite web over it 20.41% (10)
Turn it into an outdoor theatre 6.12% (3)
Give it to Aberdeen City Gardens Trust (an unelected private company) to manage 16.33% (8)
Turn it into some kind of credible business 53.06% (26)
Exorcism 16.33% (8)
Total Number of Respondents  49

It should be noted that the respondents were anonymous; I did not ask anyone to reply, and I did not reply to the questions myself. When setting up a survey, it is possible to target specific audiences. I was asked if I wanted to purchase an option to have specific kinds of people given my survey to answer; I declined.

When it comes to surveys you are being asked to put your trust in, you may want to determine who the respondents were and how they were chosen.

Aberdeen’s Evening Express seemed a likely candidate for this illustrative, satirical exercise for several reasons.

Firstly, they are more than happy to print the conclusions of the Pro-Trump lobby.

Secondly, there is a good, recently disclosed reason for that:  Aberdeen Journals Editor in Chief is married to Trump’s Vice President, not that you learnt this from the paper itself.

Thirdly, on occasion their coverage of issues could be what you might call slightly bias.

Fourth, the  paper is running its own survey as to ‘mending our broken heart’. This survey starts from the premise we are broken-hearted over not having built a granite web over our only city centre green public space. Their campaign in favour of building the web was nothing short of ferocious.

ballsNow they want us to believe they are interested in mending the huge divisions the issue caused, and that they merely want to get our opinions. Not everyone would agree their survey comes from a place of neutrality with a goal of peace-making. They therefore seemed a good candidate to illustrate how surveys can be slanted.

The EE survey questions all had set answers (except the last one). Those who live in Aberdeen City will recall being given similar ‘straightjacket’ answer choices when it came to choosing a shortlist for potential designs for Union Terrace Gardens.

The choice to leave the gardens as they are and just improve them was not given to us, forcing us to choose one of 6 (mostly abhorrent) designs.

What the public did actually vote on and comment on in this exercise remains a mystery. Despite the public purse paying (at least in part) for the exercise, an unelected Limited company consisting of 4 people refuse to let us have the results. Perhaps the Hotel Association will want to come forward with the raw data they have collected regarding Trump .

The Evening Express survey was leading – were leading questions asked of hotel guests?

Using the logic employed by the Chamber, I could write an article now saying ‘Up to 98% of Aberdonians think the Evening Express is Dreadful’.

One thing my survey did was to ask for comments. No two are alike. Not only do they all say different things while conveying the same general message, none of them were from the same IP address. Bear that in mind, and go back to the public consultation as to whether or not to allow the Trump complex to overrule the SSSI protections.

Of course both sides had recommended their followers to either support or object. However, a startling number of supporters came in via email – and dozens and dozens of these are wholly identical.

Identical not only in terms of the wording being verbatim, but the fonts and even the line breaks. Of course these were all counted as individuals weighing in. While many organisations will use form letters, usually this is pointed out when responses are counted – this does not necessarily seem to have taken place with the Trump application.

do not accept any conclusions until you know how big the sample was

It is one thing to say thousands of people support a course of action – but it is quite another thing to say that thousands of people sent in precisely the same replies supporting a course of action. (Does government look at things like IP addresses?  It might be worth doing so in future).

Let’s assume that massive hordes of golfers are now coming here because of the Trump course. You would therefore expect the course to be running at capacity. From eyewitness accounts of people living nearby, this is not the case. Even the online booking system used by the Trump organisation shows there are often many un-used tee times almost every day.

The next time someone tells you there is ‘up to 93%’ of an increase in something, or the next time you read a statistic somewhere, do not accept any conclusions until you know how big the sample was. Do they mean 93% of ten thousand people? Or are they talking about 93% of 7 suite and 35 bedroom guests?

If someone tells you there is an increase in an activity, find out what the time period is, what other factors could have influenced the increase (were people flocking to an area, say for an event like Offshore Europe?). Ask whether the person or group giving you the statistics have a vested interest in the matter at hand: does Mr Spence want to encourage Trump and co. to continue to visit his hotel?

Do VisitScotland want to validate their ongoing claims as to the benefits of the Trump course? Does the Evening Express have any reason to want to regurgitate pro-Trump statistics? Unfortunately numbers, as well as people, can be deceptive. Without having more information such as who the respondents were, the raw data and background, statistics are meaningless.

Put another way – at least up to 93% of survey data and statistics are unreliable.

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Sep 192013
 

Scottish ParliamentBy Suzanne Kelly.

As per previous articles, Menie Resident David Milne appeared before the Scottish Government’s Public Petitions Committee to request a public inquiry into the past and present situation at the Menie  Estate.

Over 19,400 people supported this call.

The Scottish Government, Scottish Enterprise, Police Scotland, Aberdeenshire Council were going to have to answer some tough questions.

Each was asked by the Petitions Committee if they wanted an investigation.  Each said no. ‘Good Enough’ was in effect the Committee’s response; it sent Milne packing.

Before rubberstamping this blatant self-regulation by the organisations already in the firing line for their actions, the Committee allowed Milne to make a final statement.

Part of it can be found here:
http://www.scottish.parliament.uk/S4_PublicPetitionsCommittee 31.08.13.pdf

But only part.  The Petitions Committee decided that the sections crossed out (redacted) were  potentially defamatory and/or possibly not from genuine sources. David Milne was urged to retract these crucial passages. He did not, and the result is that they were blacked out.

And what was so potentially scandalously defamatory? Precisely what did the Committee call into question as to its authenticity?

Information which has been in the public domain for years:  one a quote from Donald Trump, and the other a letter from Jack Perry (once Scottish Enterprise head) to Trump published in Aberdeen Voice, and obtained directly from Scottish Enterprise under Freedom of Information legislation.

it remains fact that many meetings took place between Trump, Swinney, and Salmond

These two items were and remain very damning to central government and Scottish Enterprise.

They should have been addressed, not put aside, and the public have every right to see information already in the public domain, to remind them of just how badly the public inquiry is needed.

It is unclear how any claim of potential defamation exists in the Trump quote. No one is named; the government is mentioned.  Here is the quote, as originally covered in national newspapers:-

“In an interview with Scotland on Sunday, the 66-year- old tycoon claims: “I give the Executive (Scottish Government] a lot of credit. They called me and really wanted me to continue going forward. I said are you kidding? I just lost. I don’t like to lose. They said no, you’ll win. They didn’t want me to leave.”

“Four days after the rejection, the Scottish Government “called in” the application on the grounds the decision put the integrity of the planning process in jeopardy. It then went to a public inquiry before being approved by finance secretary John Swinney.

“The revelation has brought calls for a new inquiry into the chain of events that preceded that decision.

Labour MSP Duncan McNeil, who led a Holyrood local government committee inquiry into the affair two years ago, said: “This is an explosive admission from Donald Trump. In many ways he has let the cat out of the bag and raises serious questions. The Scottish Government cannot form an impartial view on a planning application that has been called in if they have given secret guarantees to one side. There is now a case for reviewing the evidence in light of this new information.”
– The Scotsman, October 16 2010

While the Government and Trump bickered back and forth about these comments, it remains fact that many meetings took place between Trump, Swinney, and Salmond (on one occasion at least with the taxpayer flying Jack Perry to New York) in advance of and during the planning application process.

Coming over all coy about this 2010 comment in 2013 is curious, and it would be interesting to know the source of this sudden queasiness.

The petitions committee would be more than welcome to issue me with an apology

In a move I find personally insulting (who knows? – I may take action at what I consider to be comments defamatory to me), the Petitions Committee redacted the Jack Perry letter.

They decreed that unless Jack Perry concurred the letter was from him, they would not allow its use.  They admit they saw the letter, but were not sure if it was genuine.

For the avoidance of doubt, I received this letter by email in response to a Freedom of Information request I made to Scottish Enterprise. It was emailed to me from Scottish Enterprise. SE further advises that other correspondence may have been ‘lost’ when a member of staff left.  There is for instance no correspondence post course construction, yet a glowing recommendation from Jack Perry appeared on the Trump website.  I had to make several requests of SE to receive correspondence, and am surprised that an employee leaving would result in their work somehow being deleted or lost.

The petitions committee would be more than welcome to issue me with an apology for casting aspersions on whether or not a letter I produced was genuine. I will not hold my breath.

In the meantime, here again is the text of the letter:-

“You may or may not recall that I had the pleasure in October 2006 of joining you for lunch in the Trump Tower with the then First Minister, Mr Jack McConnell.  At that time, you shared with us your vision for the development for the Menie Estate.  We at Scottish Enterprise (S) certainly shared your excitement over this project.  As the project developed we believed and still do that the economic benefits to Scotland of this project were substantial.

“Accordingly, we were profoundly dismayed by the decision made by the Aberdeenshire Council Infrastructure Committee to reject the planning application for this project. I recorded that disappointment in a personal letter to Ms Anne Robertson, Leader of Aberdeenshire Council. As you know, since then the Scottish Government has decided to ‘call in’ the application. Rightly and properly, Scottish Government Minister’s [sic] will not now comment on the application but I regard their action as encouraging. We concur with the Scottish Government’s contention that this is genuinely a project of national importance to Scotland.

“I have taken the liberty of discussing the matter with the Chairman of the Scottish Parliament’s Enterprise, Energy and Tourism Committee to make him aware of our support for the project and to offer any evidence to him and his committee should they require [sic].

“While this Committee has no role in the approval process of your application, it is possible they may consider the repercussions of Aberdeenshire Council’s decision on Scotland’s tourism industry. I have also now spoken about this matter to the Shadow Enterprise Ministers from the Labour and Liberal Democrat parties in the Scottish Parliament. I have tried to make it clear in these discussions that the impact of Aberdeenshire Council’s decision goes far beyond the immediate issue of the Trump development but has much wider implications for Scotland’s international image and reputation as a country which welcomes investment.

“I have been greatly encouraged by the unequivocal support from the Scottish business community which your project was [sic] attracted. I remain hopeful that Scottish Government Ministers will address this matter with speed. We shall continue to provide whatever evidence and support we can, should we be called to do so.

“For your information,  I have also been greatly encouraged over the past few days by the support shown by the Aberdeen City and Shire Economic Forum [ACSEF] whose chairman, Mr Patrick Machray, has been very public and very vocal in support of the Trump development.  Patrick is also the Chairman of Scottish Enterprise Grampian.  As Scotland’s principal economic development agency, we at Scottish Enterprise wish to see your development proceed. We will continue to do what we can to help. 

CC (redacted), Lorna Jack, Patrick Machray”
– Perry to Trump 7 December 2007, sent via email to S Kelly Wed, 29 May 2013 16:17

What do the Committee say about the redacted text? What do they say about ignoring Milne’s arguments? What do they say about dismissing the will of 19,400 people? What do they say about the most flawed methodology in the history of investigation?

Nothing. They sent the following:-

“Thank you for your email. I am responding in my capacity as Convener of the Public Petitions Committee.  I appreciate that you and others feel strongly about the issues raised in the petition.  However having considered the matter, the Committee members decided to close the petition for the reason given. 

“In relation to procedure, the Scottish Parliament’s public petitions process provides that the Public Petitions Committee shall take such action as it considers appropriate in relation to any petition and that it may close a petition at any time. There is no appeal process against a decision of the Committee.”
– David Stewart MSP – email to me from Committee on Mon, 16 Sep 2013 16:12 (hopefully, they will not accuse me of fabricating this!)

Getting the government to open this huge can of worms and put its institutions under a microscope was a big ask. The committee might not be pursuing the answers, but others are.

David Milne told Aberdeen Voice:

“Now that I have finally finished laughing at the self incriminating actions of the public petitions committee I have to say I am saddened by their lack of interest in the facts of the matter. They have in effect proven my case better than I ever could have done, the way they so readily brushed aside facts that have been in the public domain for many years and have now given the appearance of trying to airbrush them out of existence, proves the need for an inquiry.

“They have shown that the governance of this country cannot be trusted and if they truly believe that the people of this country will quietly turn and walk away cowed and defeated, they are sadly mistaken”

Further investigation is taking place. Further Freedom of Information requests are in progress, and cases will be built for presentation to other regulatory institutions; there are other avenues to explore.

Mr Milne continues:

“Tomorrow is another day and a future for this country still beckons brightly, we will see it realised even with direct interference and obstruction from those who believe they are in power. The truth has a habit coming to the surface and it will do so, in due course.”

If anyone is dissatisfied with this decision and state of affairs, this would be an excellent time to contact your elected representatives.

This is not, as some might feel, a defeat and the end of the matter. Some might even say this is the government’s committee showing its real colours. And that is where things stand: for now.

Further information on the need for a public inquiry:-

https://aberdeenvoice.com/2013/08/trump-at-menie-the-case-for-a-public-inquiry/
https://aberdeenvoice.com/2013/08/menie-case-public-inquiry-part-2/

Scottish Parliament image – Credit: Freefoto.com

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Sep 132013
 

By Suzanne Kelly. 

trump106featMenie Estate resident David Milne started a petition to ask for a public inquiry into the past, present and future events and issues arising from Donald Trump’s takeover of the Estate to build ‘the world’s greatest golf course.’

As per previous coverage of the problems faced by residents and visitors to the estate, there are many questions that have remained unanswered as events have unfolded. The Scottish Government called in and approved Trump’s plans – a move which was without precedent.

The actions of the police, local and central government, and Scottish Enterprise as well as the SNH since golf course construction began have included the arrests of two journalists on the charge of ‘breaching the peace’, as shown in Anthony Baxter’s award-winning documentary, You’ve Been Trumped.

Environmental monitoring which was to be robust, was patchy at best, and now seems non-existent. Residents have been stopped by Trump private security. Surely the SNP government, keen to show the benefits of an independent Scotland, would want to honour the request of 19,000 petition signatories, and shed light on its actions if they were above board?

The petitions committee members have decided otherwise.

The brief statement now on their website reads:-

“3 September 2013: The Committee agreed to close the petition, under Rule 15.7, on the basis that all of the organisations that responded state that they have made, and continue to make, details of their involvement with the Menie Development public, and that there is little to demonstrate that another inquiry is necessary or justified.”
http://www.scottish.parliament.uk/GettingInvolved/Petitions/PE01474

Astonishingly, the method used by the committee when asked to consider investigating these five institutions was to ask them if they thought an investigation was needed. The outcome was inevitable, once the decision was made to rely on the word of the organisations to be investigated.

The committee’s statement refers to ‘another inquiry’. Whilst there was a report on the planning process in 2008, a great deal has happened since then.  The statement refers to ‘another inquiry’ – there has not been any inquiry remotely like what was requested by the thousands who signed Milne’s petition.

David Milne’s letter to the Petitions Committee has been heavily redacted. Future articles will look at why Milne’s final statement was cut in this way.

What did he plan to say that the committee did not want the public to see?

Were any of the people on the committee likely to want to prevent an investigation into how Alex Salmond wined and dined Trump, and then intervened in the live planning application? Why did the police arrest two journalists on the say-so of Trump’s site manager, yet decline to even look at potential evidence caught on video of property damage and theft from the Milne property?

Reactions are still coming in from residents, campaigners and politicians; these will be aired in due course as well. But for the time being it is clear that the wish of the people to have a proper, public examination of what is now a cause celebre does not matter to central government.

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Sep 062013
 

Voice’s Old Susannah takes a look over the past week’s events in the ‘Deen and beyond. By Suzanne Kelly.

DictionaryTally Ho! It’s been such a pleasant summer in the Deen, and there is no sign yet of the great weather retreating. The Braemar Games are set for this weekend, and it should be another great year for these particularly enjoyable games.

Thanks this week to the brilliant team at Swan Vets for dealing with my ailing cat; they are compassionate, efficient, benevolent and plain speaking.  As such, they are unique in almost any field of endeavour. If only we had more people like this in the public sector (or printed press).  If only everyone respected animals as much.

For instance, things are as bad as it gets for any cetacean life near to Taji Cove, Japan – the Japanese have started their annual slaughter and hunt of these intelligent, family-orientated animals. 

We now know that dolphins communicate on a very sophisticated level; they have identifiable names for individual animals in their pod.

The Japanese however want to slowly butcher these animals (you don’t want to know how slow and painful their death is) – or worse, after being weakened and starved, some are flown (courtesy of Japan Air Lines or China Air) to aquariums around the world. Against this backdrop of unnecessary violence and sadism, India has stood up and passed new legislation against the slaughter and transport of dolphins.

This was an important and bold step; cetacean charities and experts around the world applaud this move. More information here http://www.wdcs.org/

Closer to home, the badger cull continues; science is again thrown out the window, just as it was with the ‘contiguous cull’ which saw millions of livestock destroyed, now admittedly a horrific, unnecessary act of a desperate government.

As pointed out, vaccines were an option; American technology could have seen portable diagnostic equipment used.  Instead, we had massive bonfires and animals often destroyed inhumanely, and completely unnecessarily. http://www.farmersguardian.com/home/news-analysis/foot-and-mouth-10-years-on-culling-was-pure-madness/37404.article

We need to re-examine how DEFRA and other animal/environmental agencies always leap to culling as the solution when vaccination and other remedies to animal-related problems exist and are possible.

There is a poisoning of a bird of prey being reported nearly daily now; endangered, rare species are being deliberately targeted. Given the plight of wild animals in the UK, you’d almost think a powerful pro-hunting/culling lobby existed that pressured these organisations from the outside and infiltrated them, working inside them to make pro-culling policy take precedence.

It must be very gratifying writing these endless pro-city garden project stories

But surely not. As long as you’re not a seal, a badger, an ailing cow which could have been inoculated, a bird of prey or any form of deer, this is a great island to be a wild animal. (I hope to get back to my series on ‘cull of the wild’ soon, but recent developments at Menie and UTG have kept me a touch busy).

It’s also been a confusing week, with free paper Metro reporting a decrease in support for the ‘YES’ campaign, and our very own Evening Express claiming the reverse.  It’s almost as if you can’t believe what you believe in some papers sometimes.

The EE’s chief reporter David Ewen went on an investigative journalism binge this week. He’s broken the story that John Michie, owner of avant-garde chemist Michie’s on Union Street wants to build in the garden. Hard to believe that Michie has come down in favour of such an act; after all there was barely any sign of enthusiasm from him for the previous proposals (except for the frothing at the mouth).

More on this altruistic Aberdeen Journals Ltd. campaign to ‘mend our broken heart’ (ie building something in UTG) shortly.  With his command of economics, city planning, environmental issues and surgical spirit, we’re as good as saved now. He’s of course been on ACSEF for years, a fact that the EE neglected for some reason.

It must be very gratifying writing these endless pro-city garden project stories; I do wonder whether the editor subtly suggests them to his reporters, or if they all clamber to be the one chosen to write more pro web prose. More on that in a moment.

Finally, that poor Mr Cameron hasn’t managed to convince his own MPs let alone Parliament that the best way to help the Syrian people is with airstrikes. In fact there was open hostility when the idea of intervention went to the vote. You could be forgiven for wondering if the LibDem / Conservative coalition has a few stress fractures. But don’t worry, the ever-strategic Ken Clark is coming to Cameron’s rescue.

So, nice weather and nice veterinarians aside, perhaps it is time for some definitions with that.

Military Action: (Mod Eng. compound noun) Waging battle, physical intervention in a problem. (Clearly not waging war of course)

That poor Mr Cameron; he’s going to start wondering who is friends are. All he wanted was a bit of support in the House of Commons from his fellow Torys to help the Syrian people – with a little bit of military action.

Children in Syria are being tortured, starved, orphaned, and recently burnt to death in a school. Old Susannah would love to tell you how this amounts to a ‘civil’ war, or indeed what wars have ever been civil. Over a million people have been made homeless; unknown numbers have been killed, tortured, disappeared.

Clearly what we need to do is bomb them.

Some weak-livered hippies think we need to be sending medical aid, shelter, food, rescuing people and working round the clock for a diplomatic end to this civil war. How disappointing that some of this ilk seem to have got into the House.

Poor Cameron must have been feeling down as dozens of his own MPs voted against him. Luckily, that nice Mr Clarke as come to the rescue. He’s said Cameron was only doing what the Americans wanted him to do by raising the vote.

“Mr Clarke, the Minister Without Portfolio, has disclosed that the Americans “wanted us to make this vote very quickly”. He said that the Government “did not have time” to ensure that it had enough support from MPs to win the vote. “
http://www.telegraph.co.uk/Cameron-told-to-hold-quick-Syria-vote

 Well, the coalition may have lost control of the House, but thankfully, the Americans are still setting the House’s agenda. Phew. For anyone who thinks blankets rather than bombing is the answer (with food and medicine thrown in), more info here. http://www.redcross.org.uk/syriacrisis

Broken Heart Campaign: (modern Aberdonian media propaganda phrase) To make everyone in Aberdeen happy by building something – anything in UTG.

When all is dark, when you can’t get a good VAT deal on regenerating brown field sites (which we have just a few of in central Aberdeen), when billionaires aren’t getting their way by commandeering common good land  for their cronies to manage, who ya gonna call? Evening Express!

Using all of its muscle without a thought of trying to sell more papers or keep its advertisers happy, Damian Bates’ organ is going to mend our broken heart! I didn’t know we had one, but there you go. Shops will fill up – we just have to build in the garden.

Perhaps a train stop makes some kind of sense for accessibility obsessives, but then again, if wheelchair users can get in the gardens now, what is the point.

When we have some specific actual architectural drawings, we can see what they’re on about. These, unlike those pretty web drawings, will show any safety features, HVAC details, and any underground structures (which will be opposed if they alter the park). However much cheerleading Wood, Michie and their pals do, there are just a few minor obstacles to consider.

There will be adherence to EU and UK procurement procedures. Aberdeen City Gardens Trust is not going to automatically get control of so much as a blade of grass: the whole thing is going out to tender (architecturally too, Halliday Fraser  Munro take note).

There will be environmental impact studies. There will be a public design vote with completely transparent results, which will include the chance to vote for improving the gardens, not building in them.

There is a difference between mending a broken heart and fixing something that’s not broken

There will be, unlike the lovely web, something called a project. A project, for the benefit of any ACSEF members still reading, requires a defined scope of the work to be carried out, a timescale for the work, and (sorry ACSEF) a detailed budget which will be adhered to.

There will be no further expenditure by ACSEF or any other quango on propaganda (we spent £125 or so on a photo ‘showing the gardens are inaccessible’ just for openers) and no more public money doled out to consultants (if you want to know more about the half million pounds of public money swallowed so far for this proposed land grab – sorry heart-mending project – is, have a look at  https://aberdeenvoice.com/2012/02/the-great-city-gardens-project-gravy-train/ )

The moral authority of the Evening Express is beyond reproach – or is that beyond the pale? Considering Mrs Bates makes her money from the much trumpeted Trump course which the EE and P&J are always happy to talk up, you have to wonder. Perhaps there is a Bates uncle or auntie on ACSEF? Is it the advertising revenues and the dwindling circulation rate that’s behind this heart propaganda?

I think we should be told (but we won’t be).

There is a difference between mending a broken heart and fixing something that’s not broken. Lower the business rates, start some initiatives to give our talented fashion, craft and arts students and practitioners empty store space to regenerate the town centre, stop building new stores (the mall didn’t exactly help the high street, and a first year economic student could have told us that).

But we need that green space, and what’s more we own it. We don’t need Smith managing it for us. Regenerate the brown field and in so doing stop the urban sprawl.  No open heart surgery required.

One way or the other, EE involvement, ACSEF involvement or not – there is going to be no more cronyism, no more secrecy and no more propaganda. And that’s a shame for a few people. Sorry.

Well, if they’re going to continue with the monomania, so must I.

Next week:  more on recent Trump-related developments, possibly some city of culture bid skulduggery uncovered too…

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Aug 302013
 

By Bob Smith. Wi apologies tae the unknown composer o Bonnie Lass O Fyvie
balmediedunes2

There eence wis a group
o Trumpie’s baboons
Cam mairchin doon throwe Menie O
A heid yin’s name wis Dod
Shoutin oot Trump he’s a god
Lang live the Great Dunes O Scatland O
.
Noo ither Menie fowk
thocht Trump he wis a gowk
Fer connachin the bonnie dunes o Menie O
He’s buggered an SSSI
Iss wis the rallyin cry
He’s deen fer the shiftin sands o Menie O
.
Donald says ye’ve nivver seen
the likes in Aiberdeen
Ma course is the best in iss warld O
Bit if yer nae weel aff
We’ll class ye as a nyaff
Ye’ll pey throwe the nose tae hit a ba O
Oh bugger damn an blast
a villain I am cast
Fer screwin some lives ower in Menie O
Weel aats jist their bad luck
An a dinna gie a f—k
Am “King” Donald, Thane o aathing O
.
Aat mannie caed Wee Eck
shud git it in the neck
Fer darin tae spike aa ma guns O
Iss winfairm a declare
A jist fin hard tae bear
An a’ll nae feenish fit a’v stairted O
.
O Trumpie gyaang tae hell
mony fowk div yell
Yer jist a pain in the ersie O
Yer cunnels nae sae bricht
An yer hair’s a bliddy sicht
Lang mey the faimilies bide in Menie O

©Bob Smith “The Poetry Mannie” 2013