Shamed Holden lodges appeal against his 43K fraud conviction

SHAMED Highland councillor John Holden has lodged an appeal against his conviction.

And Holden (62), who was jailed for one year at Inverness Sheriff Court last week, will make his latest bid for freedom at the High Court in Edinburgh tomorrow.

He has applied to be released on bail pending a hearing. A similar move at Inverness Sheriff Court last week was rejected.

Holden has asked for a stated case, which means that Sheriff Ian Abercrombie has to put in writing his reasons in law for the conviction. A legal expert told the Highland News the judge could throw it out there and then, or put it through for a hearing.

"He can refuse leave to appeal," he said. "However, he can look at the papers and if he thinks there is any merit in Mr Holden’s appeal then it could go through the appeal court."

That fact that Holden, who was found guilty of a £43,000 benefits fraud, is appealing could have ramifications for Highland Council who have been looking into the various legalities involved.

A terse statement said: "The council is taking legal advice on certain aspects of the steps it now needs to take and will be writing directly to Mr Holden to confirm the council’s understanding of the legal position."

A council spokesman would not say whether the disgraced member for Inverness South was still receiving his councillor salary of £1,352 a month before tax.

The Local Government Act 1943 rules that a councillor who is jailed for more than three months is disqualified from nomination, election and holding office as a member of a local authority.

But with Holden now lodging an appeal against his conviction, this is now very much up in the air, and it is understood that this is what Highland Council’s legal team are looking into.

According to standing orders, a person ceases to be a councillor if they fail to attend council meetings for six consecutive months.

John Holden is expected to serve six months of his 12 month tariff, but may be released earlier on an electronic tag if he is deemed not to be a danger to the public.