The Suffolk Hyde Affair - Doc 164 Birmingham City Chief Executive Lin Homer

Lowestoft Fire station
PO Box 54
Lowestoft
NR 32 2QA
Tel 01502 403842

12th May 1999

Dear ACFO Seager,

I refer to your letter dated 27th April 1999 (Doc 143).

Notwithstanding, your desire not to indulge in correspondence, notified 21st April 1999, you raise issues that require a response. The latter may seem delayed. This is on account of the confusion as to exactly what your position is?

Firstly, we are grateful for your offer to copy in Mr Jones with any correspondence relating to matters concerning the discipline proceedings. We accept that offer. We have told Mr Jones that he will hear from you from time to Time.

Secondly, I am concerned that this matter may be heard by the CFO. The CFO already has prior knowledge of this matter and is inextricably personally involved. It is a matter of fact that the CFO is the respondent in HYDE v ALCOCK LO9000306. The associated summons was also addressed to and served upon Mr Alcock. Liability has been admitted.

To this may I add the discipline proceedings against Ff Hyde have been the subject of discussion between the CFO and County Chief Executive. This is noted in the latters letters to Ff Hyde dated 8th April 1999. With these points in mind Ff Hyde reserves the right to call the CFO as a witness. Indeed, it would be bizarre in the extreme for the CFO to be called forward as a witness and judge his own response!

The above being so, I do not think that the CFO can fairly and independently hear this case under the provisions of the Fire Service (Discipline) regulations 1985. In the past, such circumstances have always led to the Disciplinary tribunal of the Fire Authority hearing the case under regulation 9 (2) (b), instead of the CFO.

Will you please consider this and confirm whether you are prepared to arrange for this matter to be dealt with by the Disciplinary Tribunal of the Fire Authority. If you are not, can you explain why?

Finally with regard to orders and service of documents, Ff Hyde is happy to accept both of these personally while on duty in the presence of his representative SubO A Wigglesworth.

Yours faithfully

A Wigglesworth BSc, MBA, GIFireE.