Council leader stepping down to pursue legal action over “malicious prosecution”

The leader of Warrington Borough Council, Cllr Russ Bowden, has announced he is to step down at the next election in order to take legal action over a "malicious prosecution" he was subject to.

In an open letter, Cllr Bowden, who was cleared of a charge of electoral malpractice in May of this year, said: "[Recent] years have brought significant personal challenges, putting immense strain on my family.

"I currently intend to take legal action in respect of a malicious prosecution brought against me, having been cleared of all charges against me, in a case that should have never been allowed to proceed.

"This is incompatible with my position as the leader of Warrington Borough Council, and I have therefore decided not to seek re-election next May."

Cllr Bowden was charged in November 2021 with one count of providing a false statement in nomination papers (contrary to Section 65A of the Representation of the People Act 1983) and three counts of providing false information to a registration officer (contrary to section 13D of the Representation of the People Act 1983).

According to the Warrington Guardian, the alleged offences involved him providing his home address as a house in Birchwood on April 6, 2021, while standing at the 2021 full council elections, when he was instead reportedly living at a property in Lower Walton.

However, he was living in Lower Walton temporarily due to marital difficulties, the court heard, and had now returned to Birchwood.

Commenting on the court's unanimous decision to clear him of the charges in May, Cllr Bowden said: "Sadly, there are those whose political motivations have led them to try and exploit this case in order to cast doubt on me as a person, attempting to undermine my leadership of Warrington Borough Council and our Labour-led council itself, regardless of the reputational damage and negative perception it causes to our town."

He added that the case should not have been brought to court, claiming that a month before the trial, the CPS conceded they had applied the wrong legal test, which should have caused them to review the case, but they did not.

The council's deputy leader, Cllr Cathy Mitchell, has also announced she will not stand for re-election.

Adam Carey