A JUDGE has denied an Evesham councillors request to take the council to court over her dismissal from various committees.
Emma Nishigaki applied for a judicial review in December 2023 after being removed from committees and a town hall working group by Evesham Town Council earlier in the year.
She complained two meetings of the council had been held illegally – a full council meeting on July 3, 2023 and an extraordinary meeting on October 2.
The decision to remove her had been voted on at the July meeting over allegations she had breached the code of conduct. The claimant failed to set out those allegations or her response to them in her application for judicial review.
Judge James Tindal refused to grant permission for the review, referring to the claim as ‘not arguable’.
“The claimant does not explain in what respect the decision of July 3 meeting was unlawful, especially as it was subject to public vote,” the judge said.
The councillor also claimed she was ‘exposed to public ridicule’ at the meetings which had breached the European Convention on Human Rights (ECHR). Judge Tindall referred to these claims as ‘utterly hopeless.’
Judge Tindal added: “Even if true, that is more likely to have been as a consequence of what was minuted as the public then-present’s ‘anger’ at what were called her ‘false and demafatory statements’ she posted on social media.
“In any event the public were entitled to attend and express their views. That gets nowhere near the high threshold for Article 3 EHCR ‘torture and inhumane and degrading treatment’ and the claim to that effect is little short of absurd.”
The judge did however ‘refrain from certifying’ the claim was ‘totally without merit’.
Jo Adams, Evesham Town Council clerk, told the Standard: “I am delighted Evesham Town Council had been fully vindicated and the application has been refused.
“The report issued by the judge lays out very clearly the irrational and ill-conceived nature of the claims.”
The councils statement also clarified it makes every effort to ‘carry out its operations openly and transparently’ and is ‘glad it can get back to carrying out its normal functions and serving the people of Evesham.’
In a response, Emma Nishigaki was pleased to read the judge’s ruling that her claim was not entirely without merit. She clarified she elected not to appeal the decision.
She added: “I remain dedicated to serving my constituency.”
