Man sentenced for 'campaign of unpleasantness' against Melton borough councillor

Matthew Bland, of St John’s Court, was convicted on November 18 of persistently using public communications to cause annoyance, inconvenience and anxiety to another person.

The case was heard at Leicester Magistrates’ Court and in a sentencing hearing at the same court, on December 22, Bland was fined £300 and ordered to pay £400 court costs and a £120 victim’s surcharge.

At the sentencing hearing, the court heard that Bland had made ’repeated, ongoing and persistent’ abusive and damaging comments about Councillor Higgins via Facebook and YouTube.

In a victim impact statement presented to the court by the prosecution, Mr Higgins said he became anxious because of the online comments and after being approached by the defendant in the council car park.

He said he started taking recording equipment with him and letting others know about his movements during the day.

Prosecutor Ryan Houghton told the court there were "various posts" making a number of allegations against Mr Higgins. Mr Houghton said some of the comments were made anonymously but with allegations which fitted the pattern of what had been happening.

Posts were made on a Facebook page called ‘Not Melton Borough Council’ and another under the name of ‘A Considered Man’.

Mr Higgins said in his victim’s statement that some council officers were signed off sick because of the impact of comments made by Bland against them.

“This was a repeated, ongoing and persistent use of public communications using Facebook and YouTube,” Mr Houghton told the magistrates.

“Mr Higgins says this was a sustained pattern of persecution.

“Mr Higgins says he does not use the word ‘persecution’ liberally but that this activity needed to stop and that a strong message needed to be sent out.

“He said Mr Bland’s actions created a sense that he was being targeted, monitored and vilified.”

One of the most distressing instances, the court heard, was when Bland made contact at a time when Mr Higgins’ pregnant wife was in hospital.

The prosecutor told the hearing that Mr Higgins reported everything that had happened to Melton Borough Council. Information was collated, police were informed and Bland was arrested on April 9.

He denied the charge but was found guilty in his absence at the scheduled trial on November 18.

Before JPs passed sentence at the hearing on Monday, Mr Houghton said: “When a sentence is passed it should take into account how emotionally and financially all this has impacted Mr Higgins.

“He has had to increase his home security and this behaviour has been a deeply exhausting ordeal which has undermined his confidence in serving in public life.”

Bland is a tenant of Melton Borough Council and has been working as a volunteer advocate for fellow council tenants to help them with problems they might be having, the court heard.

Velma Ferdinand, who was representing Bland at the sentencing hearing, said the investigation into him started as a consequence of her client representing one particular tenant.

“Mr Bland had been helping a vulnerable tenant who was placed in accommodation which was unsuitable for him,” Ms Ferdinand told the court. “He had been communicating with the relevant housing officer but his enquiries fell on deaf ears.”

During an online conversation about this particular issue ‘other councillors chimed in, including Mr Higgins’, she said.

Ms Ferdinand said Bland had since been removed from attending tenant meetings with the council, adding: “Mr Bland has been a thorn in the side of Melton Borough Council as far as housing issues have been concerned.”

“There have been comments made by Mr Bland that are accepted,” Ms Ferdinand told the hearing.

“A lot of these comments were in private Facebook groups, not public groups.

“Someone in a private group has sent the information to Melton Borough Council and that’s why the investigation started.

“These were private conversations between friends.”

She added: “The actual charge in this matter is persistently making use of public communications to cause annoyance, inconvenience and anxiety.

“Mr Bland’s defence in this case would have been that these were private posts.”

Ms Ferdinand said that he did not personally post the videos containing comments about Mr Higgins.

He said they appeared on a YouTube site which he did not operate or control.

Ms Ferdinand told the hearing her client was unhappy the trial had gone ahead in his absence on November 18.

She said he had requested it be adjourned because he was awaiting information he had requested from the borough council and other bodies related to the case.

Ms Ferdinand explained Bland had had an appointment with a GP on the day of the trial.

Bland was also in the process of transferring his legal representation to her so the defence was not ready to proceed, she said.

She said Bland was planning to appeal his conviction.

Before sentencing, the chair of the bench said a custodial sentence had been considered and she commented: “We conclude that this was a campaign of unpleasantness.”

Bland was told that he must not attend the home of Mr Higgins or the Melton Borough Council offices (without prior appointment) and must not contact Mr Higgins indirectly or in person and not post anything about him online or via electronic communications. These conditions are in place for 18 months.

Editor’s note: An earlier report published by The Melton Times after the November 18 stated that Mr Bland had been convicted of harassment. We would like to clarify that the harassment charged was discontinued in October, prior to that hearing. The conviction was relating to the charge of persistently using public communications to cause annoyance, inconvenience and anxiety to another person as outlined in this article. We are happy to clarify the matter.