Deputy leader's injunction bid thrown out

THE deputy leader of Hastings Council has been accused of dismissing a political rival's opinion because she was unemployed.

It was also claimed in a county court hearing on Monday that cllr Jay Kramer told Evelyn Modlinger to "see a psychiatrist" during a row.

Labour cllr Kramer was seeking an interim injunction against Liberal Democrat Ms Modlinger to stop her harassing her. But the judge dismissed the evidence as "thin" and said a temporary injunction would restrict Ms Modlinger's right to free speech.

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Hastings County Court heard how a row between the two women broke out at a meeting to discuss the Pelham Square development at St Mary-in-the-Castle in October, 2003. Ms Modlinger, 56, of Pevensey Road, defended herself at the hearing. She said: "I asked her 'Why are you planning to build a football stadium on the West Hill'? She said, 'How dare you talk to me, you are unemployed'. I was left dumbfounded."

Cllr Kramer, who denied the claims, represented by Mr A Ranatunga, claimed in her evidence Ms Modlinger screamed and swore at her during the argument. Ms Modlinger denied this allegation.

A second incident happened during a scrutiny committee meeting for leisure and environment on July 26. Mr Ranatunga said: "Ms Modlinger approached members of the committee handing out leaflets about the Pelham development. She then left the room and came back in and handed Cllr Kramer a leaflet. It is procedure for a member of the public to give notice of their intention to speak. This was outside of procedure and had an effect on the claimant." Ms Modlinger denied she approached Cllr Kramer but admitted handing out leaflets.

A third incident happened on August 10 when the two women met by chance in Kings Road. Mr Ranatunga said: "Cllr Kramer was walking to meet a colleague for lunch. Ms Modlinger was walking in the opposite direction and as she passed started screaming and shouting at Cllr Kramer. She did reply to that. As a result Ms Modlinger turned round and started following her, shouting and insulting her. In terms of the effect, Cllr Kramer has been alarmed, frightened and distressed."

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Ms Modlinger said: "When she passed me I did not shout or scream. I merely said, 'Cllr Kramer, why are you ruining Hastings'? She turned round and said, 'Go and see a psychiatrist'. I was completely shocked. I have asked her an intelligent question which merited an intelligent response. I took three steps towards her and said, 'You used to be a socialist and now you are a capitalist'. I don't see any point in approaching Cllr Kramer again and I will never do that."

In dismissing Cllr Kramer's application for an interim injunction, Recorder Brown-Wilkinson said: "The evidence that the claimant has been harassed seems quite thin. Firstly, the three incidents in question take place over a wide timescale.

"There were no incidents between October 2003 and July. It is difficult to say there has been a course of conduct as it appears the defendant and claimant have been present on the same occasion at other times when no incidents have occurred. The second incident is one whereby the defendant has simply walked into the council chamber and given the claimant a leaflet. That is a significantly different kind of complaint than shouting abuse at somebody and I find it very difficult to consider giving somebody a political leaflet can constitute harassment.

"The August 10 incident occurred when the parties met by accident and it appears on the basis of the claimant that words were exchanged. But again this incident appears not to have been premeditated or related to the first or the second and occurred by chance. My conclusion at this stage is that there is not a serious issue to be tried and I would decline to grant an injunction."

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At the hearing, the judge explained because it was only an application for an interim injunction, he did not have to decide right or wrong. He had to decide whether, on balance, there was a course of action by Ms Modlinger which meant he had to impose an interim injunction before a full hearing to protect cllr Kramer. This meant cllr Kramer did not defend herself against the allegations.

Cllr Kramer dropped all claims against Ms Modlinger on Tuesday.

EVELYN Modlinger has attacked Jay Kramer receiving financial backing from the council to support her county court action as "outrageous."

Ms Modlinger, a Liberal Democrat, clashed at Hastings County Court on Monday with the Labour council deputy leader.

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Cllr Kramer had attempted to get a temporary injunction placed against her political rival after several rows between the two.

That was thrown out of court by the judge, who said there was not enough evidence to bring a successful claim of harassment. An attempt to get a full injunction against Ms Modlinger was also swiftly dropped in the aftermath of the judge's assessment.

Cllr Kramer used Hastings Council's legal team to prepare her claims, and a London barrister, costing 450 plus VAT, paid for by the local authority to represent her.

The council felt it would be a better use of resources to bring in a barrister than take up the time of one of its senior legal officers.

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Ms Modlinger, of Pevensey Road, defended herself against the allegations.

She said: "If it is the council that has to foot the bill that is outrageous.

"She should pay the costs. If she had to pay in the beginning she would have thought twice."

A council spokesman said: "The council seeks to protect its staff at work and members while engaging in official duties from alleged acts of harassment directed against them.

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"In this instance the borough solicitor did prepare the proceedings and instructed counsel. We would not take action where the alleged harassment was as a result of a private matter."

Ms Modlinger said cllr Kramer had to expect some criticism of her decisions as part of the cut and thrust of a politician's life.

She said: "If she can't stand the heat she should get out of the kitchen. As a politician you have to be prepared to take criticism and you have to deal with it, otherwise you should not be in the job."

Ms Modlinger is a Liberal Democrat politician who stood unsuccessfully in the Central St Leonards ward in June's local elections.

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She is also leader of Hastings Renaissance Group, which mainly campaigns against the development of the Pelham Square hotel and office complex opposite St Mary-in-the-Castle, a proposal cllr Kramer is in favour of.

The Liberal Democrat had several supporters in the public gallery, including former Lib Dem councillor Anne Scott, and David Hancock, who switched allegiance from Labour to the Lib Dems in the aftermath of June's election.

Ms Modlinger added: "I am relieved. I was very nervous. I have never been in court before but I am glad democracy has been preserved."

JAY Kramer has vigorously defended trying to get an interim injunction placed on a political rival, despite it being thrown out by the county court.

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The deputy leader of the council also defended the council's decision to prepare her legal case for her, and pay for a barrister.

Cllr Kramer said: "I am sending a strong message that I am not prepared to be screamed at and shouted at by a member of the public.

"If that behaviour had been by a member of my political group I would have taken exactly the same action.

"I am disappointed that we didn't get the interim injunction but I have no regrets whatsoever.

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"The council has a duty of care because it has happened to me as a prominent leading figure in the town and the council has supported me. It is quite right that the council has supported me.

"Ms Modlinger's behaviour distressed me and caused me to be anxious. I do expect a certain amount of criticism and I have been to volatile meetings. That is all part of the job, but I do not expect to be screamed and shouted at and if the same thing happened again I would take the same action.

"I will defend my right to walk down the street without being screamed at. I am relieved to hear Ms Modlinger will not be speaking to me again."

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