Brother gave £28,000 to Inverness councillor fraud trial hears

THE brother of an Inverness councillor facing fraud allegations told a court today he had given nearly £28,000 to him to refurbish his home after a fire in 1999.

Haulage contractor Eamonn Holden (59) said he had given the money to John Holden confident that a claim against the manufacturers of a shower which resulted in a fire at his brother’s house in Teal Avenue would be successful.

Mr Holden, from Port Laoise in the Republic of Ireland said he instructed his brother to invest the cash when he was successful with his claim, and it was his intention ultimately to let John have the money so he could own his home in Teal Avenue.

Holden denies falsely claiming over £43,000 in council tax relief from Highland Council and income support from the Department of Work and Pensions between 1999 and 2008.

It is alleged he was to not entitled to the benefits because of his income, savings and living with a partner.

The trial which entered its 11th day today had already heard allegations that Holden had earned £250,000 between 1991 and 2002 and that his partner Mary Holden earned £50,000.

The court also heard evidence from fraud investigator Veronica Batchelor that she believed he had spent £37,000 from a charity boot sale cheque book account for his personal use.

The court had earlier been told payments of £35,000 into his bank account from his successful claim against the manufacturers of the shower which caused the fire. Holden said this had to be paid back to his brother who had told him make some short term investments with the cash.

Holden and his wife Mary took out two £7,000 ISAS and placed another £11,000 in another investment account.

Eamonn Holden also told the trial he had told Mary Holden to go and buy a washing machine and fridge freezer for her brother and he would pay for it.

He feared if he gave the money direct to his brother he would put it into a car boot sale account which was used to help people in need.

Mr Holden said he didn’t need the money and he told them to put it into short term investments.

"My intention was the money was going to be John’s at the right time," he said.

Mr Holden said he wanted his brother to own his house at Teal Avenue which still has a mortgage.

Ian Smith, depute fiscal asked why John Holden why he never declared the money to the department of Work and Pensions and the council He said it wasn’t his money to spend.

Holden’s brother-in-law Roger Ewen (57) of Lang Stracht Aberdeen said his sister’s separation from her husband David Ross had not been pleasant and she was terrified of his unannounced visits to their parents home in Esk Road, Inverness.

Holden said she had used his home as a ‘safe house’ for her when Mr Ross visited.

Mr Ewen said the car boot sales organised by Holden had benefited an awful lot of needy people paying for funerals, food heating and other things that they could not get help for from the council.

He said his sister stayed at Esk Road until about 2007 before moving in to Teal Avenue.

Asked by Mr Smith if he would be surprised to hear that evidence had been led that Mary Ewen was seen in a dressing gown coming from 8 Teal Avenue on the night of the fire, a neighbour in Esk Road said she never lived there for eleven years and neighbours in Teal Avenue said they thought she lived at 8 Teal Avenue.

"I find that strange," he replied.

Earlier this week Holden told the court a £65,000 payment to his bank account from the sale of his son Sean’s house in Balnafettack Road, Inverness had been paid to him without his knowledge.

Today evidence was presented which showed withdrawals of over £65,000 had been paid back to Sean.

Holden also denied every writing a promissory note to solicitors lending £54,000 to Sean’s partner Donna Wilson who were selling their home to move back to Ireland.

Asked by Ian Smith depute fiscal if he was saying that his son Sean had duped a solicitor by portraying himself (Sean) as his father.

"Yes," he replied.

The £65k he said was paid back in various payments over the course of the next 15 months.

Holden said he "went nuts" when he found out about the money going into his account and in evidence he said if he laid hands on his son, now believed to be in Ireland, he would be a ‘dead man’.

Asked today why if he was so angry with his son he simply hadn’t just written out a cheque and sent it to him. "It doesn’t make sense," the fiscal said.

"I calmed down and hindsight’s a great thing," replied Holden.

Questioned by his solicitor Michael Chapman, Holden said the couple didn’t have a bank account in Ireland and to pay it into Donna’s business account would make them liable to tax.

"Would you have calmed down if you had known this duplicity on their part would have been a major plank in a prosecution against you," said Mr Holden.

"Certainly not," he replied.

Holden admitted he failed to notify the council of a £10,000 payment he received for injuries from a car accident.

"You used this money and did not notify the authorities that you were receiving means tested benefits from.

Holden admitted he should have informed them.

Evidence is expected to be concluded with final submissions on Monday and a verdict next week.