‘Thoroughly dishonest’ ... but BNP chief escapes jail

Cathy Neligan | Friday, 15 December 2006 Source: Halifax Evening Courier

The "thoroughly dishonest" leader of the BNP group on Calderdale Council has escaped a prison sentence for benefit fraud.

Richard Mulhall was convicted in October on four counts of cheating taxpayers by claiming £3,000 in housing benefit, council tax benefit and jobseeker's allowance he was not entitled to.

At Teesside Crown Court he was ordered to serve 200 hours' unpaid work in the community.

He was told by Recorder Felicity Davies he had escaped a harsher sentence only because relevant legislation was not in force at the time of the offences.

She told the councillor for Illingworth and Mixenden: "I have thought hard whether the proper way to deal with you was by sending you to prison.

"Had you been sentenced under the Criminal Justice Act 2003, which did not come into force until 2005, I should have passed a prison sentence on you, albeit a suspended one, to mark the fact I regard these offences as so serious."

The court heard Mulhall, 38, of Mozley Drive, Illingworth, Halifax, continued to claim benefits although partner Anne Jackson had started work at a care home.

Judge Davies said: "What began as a dishonest omission turned into a positive act of dishonest intention.

"You stated your partner had no job, when plainly that was a lie. Matters were compounded when an officer came to your home and you lied to her, again saying Anne Jackson had no job.

"You were cheating the very people who elected you. This has nothing to do with your

political allegiance – it has all to do with your dishonesty.

"You have sought to evade responsibility for your dishonesty by seeking to represent your false claims as misunderstandings.

"You tried to pull the wool over the jury's eyes by examining in detail the benefits system and you sought to emphasise the distinction between a councillor's allowance and somebody's earnings. None of that deceived the jury, who were quite clear to see you and your actions for what they were – thoroughly dishonest."

Mulhall was ordered to pay £2,000 costs and repay the jobseekers' allowance. He has already repaid the other benefits.

Afterwards, he said: "The matter will be going to appeal. There have been details that have been overlooked.

"At this time we should be showing our respects to Coun Tom McElroy, who was a well-respected member of community and who will be missed."