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Monday, December 21, 2009

email to inspector chester - justify why you will no pursue fraud over airport lies to justify expansion

Dear Inspector Chester,

I refer you to your letter of the 26th Oct 2009, which was in response to my request to have charges of fraud brought against Gloucestershire Airport’s directors under the Fraud Act 2006.

As you are no doubt aware, the charge of fraud is serious, but the evidence of fraud, as defined by Fraud Act 2006, against the airport is overwhelming. It is clear that this development will result in severe environmental damage due to increased greenhouse gas emissions despite the airport claiming this will not happen. The alternative is that the airport sticks to its greenhouse gas commitments and there will be no return on investment. This will result in the taxpayers of Gloucestershire being forced to pay the £2.3 million pounds loan. Either way the taxpayers are being defrauded.

This absurd position comes about because the council’s of Gloucester and Cheltenham being owners of the airport have a conflict of interest. This forces them to maximise the profits of the airport rather than represent the views and long term interests of their constituents.

Further to the initial dossier I submitted to PC Dill in September, I have also prepared a report at the request of the Gloucestershire Echo to quantify the CO2 emissions. This has been circulated around all of Cheltenham’s councillors.

A copy of the report is attached to this email. It adds further evidence to the case that the airport’s directors and their supporters within Gloucester and Cheltenham falsely represented the case for the airport and did so knowingly.

The report categorically demonstrates the Green Management plan cannot be complied with whilst simultaneously meeting the flight programme necessary to make an appropriate return on investment. The Green Management plan stated that the current CO2 emissions from the airport are 3,700 tonnes per annum and will be capped at 4,000 tonnes, thus allowing for a maximum increase in CO2 emissions of 300 tonnes per year.

The simple analysis in the report shows 8,000 tonnes of CO2 emissions are likely to be produced to meet the flight programme necessary for the predicted return on investment. This far exceeds the permissible 300 tonnes of greenhouse gas emissions that are allowed under the green management plan.

It is also important to note that Councillor Les Godwin omitted to include the CO2 targets in the business plan that he submitted to Cheltenham and Gloucester councils, yet he included the other less onerous commitments in the Green Management plan. This selective quoting of the Green Management Plan points to a deliberate attempt to mislead the councillors into supporting the proposals for the airport. It is in violation of section 3.a of the Fraud Act, which states “A person is in breach of this section if he — dishonestly fails to disclose to another person information which he is under a legal duty to disclose.” As the planning application was granted on agreement that the Green Management plan would be implemented, then there was a legal duty to fully disclose the full implications of the CO2 targets.

Following this latest manoeuvring of the airport and its supporters, the case for a fraud investigation is mounting. If this mounting evidence of fraud is still not adequate for you to start proceeding, then you need to justify to us why you are not prepared to instigate proceedings.

We look forward to your reply.

Yours sincerely,

Kevin Lister
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