I Nelson J Kruschandl, of Oakwood, Lime Park Herstmonceux in the County of East Sussex, do solemnly and sincerely declare as follows :-

1.    That I filed a planning application on the 10th August 1995 with Wealden District Council. 

2.   During the determination of the application Mr J D Moss signed an Agreement of Copyright Ownership under which I allowed him to take photographs strictly for use in determining that application.

3.   The Agreement was dated the 14th September 1995 (14-9-95) and was co-signed by Mr R Thornley. 

4.   Under the terms of the Agreement Mr Moss was to return all of the photographic material within 14 days.

5.   I wrote to Mr Moss on the 24th October 1995 giving Notice to return all of the photographic material.

6.   Mr Moss replied by letter on the 26th October 1995.  In this letter he stated that he enclosed all of the photographic material secured on the site visit of the 14th September 1995 and that he posted the letter, photographs and negatives by first class recorded delivery to secure compliance with the terms of the Copyright Agreement.

7.   A visit was paid to the Oakwood site under warrant by David Phillips and others on the 22nd February 1996.  Mr Phillips and others took photographs during this visit.  Mr Phillips is the Chief Enforcement Officer at Wealden District Council.  Mr Moss is a senior Planning Officer.

8.   Later on the 29th April 1996 Mr Phillips swore an Affidavit on oath concerning the visit in February 1996.  In this Affidavit Mr Phillips included photographs as Exhibits “DLP2”.  Mr Phillips asserts that the photographs were taken on his site visit of 22nd February 1996.

9.   Two of the photographs in the Exhibit marked “DLP2” are identical to and were actually taken on the site visit by Mr Moss in September 1995, some five months earlier.

10. It is my considered opinion that Mr Phillips used these photographs in an attempt to distort the evidence and to obtain a committal sentence for contempt of court.

11. At the very least Mr Phillips perjured himself by saying that the photographs were taken on his site visit.

12. I am disturbed that a high ranking Wealden council official should twist the evidence in this way.  Had Mr Phillips been successful I could have been deprived of my liberty. 

13. I am now at the stage where I cannot trust the local authority.  Quite simply, these photographs should not have been in the possession of any person at Wealden District Council after Mr Moss claimed he had returned them.

14. At least two officers in the local authority have been caught red handed.  I have additional evidence concerning the legal services department where Mrs Christine Nuttall supplied evidence to the High Court under oath on the 12th June 1995, which is provably incorrect.

15. Mrs Nuttall’s evidence left out buildings known to be on the site.  The evidence submitted to the Court by way of a plan was put together with misleading reference numbers suggesting that an enforcement notice covered more area than it actually did.  On that occasion the actual enforcement notice was also smudged so as to appear to cover a larger area and to match the later enlarged insets. 

16. No explanation was given to the Judge (Justice Previte) concerning lawful developments which may have occurred and it was asked of Justice Previte to expand Injunctive relief over and above that area of the enforcement notice on the grounds that it would not prejudice my case.  In fact that decision deprived me of a home and forced me to purchase a caravan for my accommodation - which in my view has materially prejudiced my case. 

17.Additionally, technicalities were placed in my path to appeal by seeking a final Order.  This tactic effectively prevents everyone but the very rich ever gaining justice in the Courts of the land.

18. All of the above leads me to suspect that Wealden District Council regularly alter of omit evidence as it suits their case.  Whereas, I believe that a local authority owes a duty of care to committee members and the general public, to produce a full and complete picture in all matters planning or otherwise so as to obtain a proper outcome.

19. I am also of the opinion that if a council officer has been found guilty of altering or in any way shaping evidence so as to influence the outcome of a case, then that or those officers should be barred henceforth from acting in such position of power or seeking similar positions of power elsewhere.

20.I make this Solemn Declaration conscientiously believing the same to be true and by virtue of the provisions of the statutory Declarations Act 1835 and I attach copies of the correspondence cited as exhibits.


Declared by the above named    ……………………………………….

at ………………………………………………………  in the County of

East Sussex this ……….. day of  April 1997

Before me, ……..…………………… Solicitor or Commissioner of Oaths








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