In November, Cornwall County Councillor Alex Folkes had to suffer the ignominy of the Council’s Chief Executive writing to local youth organisations and schools saying that he was a “serious and enduring” risk to children. As Alex explained at the time this had its origins in his 2006 arrest after a cloned bank card of his had been used by criminals to access indecent images of children online.

In 2006 (and before I became a councillor) I was one of many people who was arrested when credit or debit card details were found which linked the cardholders to a site containing indecent images of children. I have never viewed any such images nor had I ever visited the site or any others like it. I was able to show the police that my card had been cloned at some time in the past and used illegally for various things including a hotel in Brazil. I reported that at the time and my bank refunded the money. Of course I cannot be sure, but that is how I believe my card details came to be linked to the site as it fits the time my card was used fraudulently. When details are stolen on the internet they tend to come in a package and hackers can also have access to your address, email, password, phone, IP address, etc, which can easily be cloned and used by another person to cover their own identity and make it look like the victim of their fraud is the guilty party. The police searched my computer and other electronic devices I owned. Because I had done nothing wrong, and therefore there was no evidence against me, the police did not bring any charges and they told me the matter was closed.

Now he has had proof from the Metropolitan Police that they found nothing on his computers at the time. He wrote to the councillors in his group at the beginning of this week to say that he was going to seek re-entry to the Liberal Democrats and to the group in light of this. The Cornish Guardian has the story:

Mr Folkes has consistently protested his innocence and denied any wrongdoing.The case centres on what Metropolitan Police detectives found when they seized two computers belonging to Mr Folkes.

Mr Folkes says the police have now confirmed, in writing, that they found nothing.His claim increases pressure on Cornwall Council to publish at least some of the detail from its own dealings with the Metropolitan Police – detail which in November led the council to publically label Mr Folkes as “a serious and enduring risk to children.”

The council has so far refused, on legal advice, to disclose any of this detail, and Mr Folkes has repeatedly rejected invitations to discuss it with the Cornish Guardian.No-one from the council has been available to comment on Mr Folkes’ email but further developments are likely early next week when officials return from the New Year holiday.

I spoke to the Cornish Radio station Heart earlier this week and the main point I made was that this sort of thing could happen to any one of us as credit card fraud becomes more prevalent. In fact, someone helped themselves to several hundred pounds of my money at some cashpoint in south east Asia a few years back. It’s something many of us have experienced. In fact, last week’s Sunday Times (£) carried a feature which showed that much of one family’s personal information, which they thought was private, was accessible by hackers in about 15 minutes. Innocent people whose cards have been used by criminals in this way have their lives destroyed and reputations trashed.

This is the text of Alex’s email to his colleagues:

Dear all

I hope you’ve had an enjoyable and relaxing Christmas.I’m emailing to let you know of a particularly happy belated present I received: A response to my data subject access request to the Met Police which includes the categorical statement that no images were found on my computer, meaning I am entirely innocent.

Jeremy and Adam have been round to see this and go through everything this morning and, with Jeremy’s support, I am now contacting the local, regional and national party in order to be readmitted.I hope the group will also vote to readmit me at your next meeting.If any of you wish to view this statement or the other evidence gathered I am very happy to share it with you.

I want to give my heartfelt thanks to all of you who have been in touch to offer your support and help.Over the past three months I have watched as the council and media have systematically destroyed my career and my life.They have never shown any evidence to support their allegations, and refused me access even to the details of the claims being made against me until after they had passed judgement.Since this happened I have been busy gathering the evidence needed to show that I am completely innocent.

When the council’s allegations became public I posted the truth on my blog.Back in 2003 someone got hold of my debit card details and apparently used them fraudulently to access an illegal website displaying indecent images of children.I have never accessed such a site or viewed such material.The police, acting on information that my card had been used, arrested me in 2006.They conducted a full investigation and did not charge me because they found nothing on my computer.Thanks to information received from the Metropolitan Police, my bank, and others, I have once again proven my innocence.

The key points are these:

The Metropolitan Police have confirmed in writing that no images were found on my computer and that I was not charged because of a lack of evidence (the only evidence linking me to the offence was someone using my card and email address) despite the council’s claims that the lack of charge was due to a technicality.

The council said the illegal website was accessed from abroad but refused to give me the date this occurred.I have now received the date my debit card details were used from the Metropolitan Police.My bank records show that I was in the UK at the time and that I withdrew money from a cashpoint in London where I worked.It is therefore impossible for me to be guilty of what the council alleged as I would have had to have been abroad.

My bank has confirmed that my debit card was used fraudulently and that they refunded money to my account as a result.Confusion occurred when the police asked my bank whether any fraud had been reported on my CREDIT card.Not surprisingly, the bank reported (correctly) that none had as it was my debit card details which had been used fraudulently.The police list my debit card number as the one used to access the site, but erroneously labelled it as a credit card, sparking the confusion.Rather than trying to find out the truth, the council suggested the lack of fraudulent activity on my credit card proved I was a liar, despite the fact that fraudulent activity was clearly shown as reported and refunded on my debit card and that the card was used to access the site.

The police investigated two laptops.One was the computer I owned when arrested and the other was an old laptop which I had given to a friend.The council claimed these laptops had been destroyed by the police after the investigation.I have been able to prove, thanks to a statement from the friend, that this was not the case and the second laptop was returned to him after the police investigation had concluded.I was asked if I wanted to apply for my laptop back too, but it was obsolete, I had already purchased a new one and I wanted to put the whole episode behind me as I opted not to do so.

The evidence I have gathered over the past two months proves that I have been telling the truth all along and am entirely innocent.In the meantime, my reputation and my life have been destroyed.Of course the council has to take matters to do with child protection seriously, but when an innocent man is treated in such a way it is self-evident that their procedures are not fit for purpose.If they had given me the time to gather this evidence and prove my innocence instead of leaping to judgement and writing to local schools and organisations labelling me a danger then none of this would have occurred.When the police originally investigated this in 2006 they did not publicise this matter and I did not lose my job.While the experience was traumatic it did not cause me to lose my income or reputation as the council and media’s terrible handling of the allegations has this time round.

I will now be putting all the evidence I have received in the hands of the council and demanding an immediate apology.

Unfortunately, even though I have been proven completely innocent, my life will not be returned to how it was before the council did this to me.I have lost my cabinet job and my career prospects.The council, media outlets and individuals have made statements about me which were wholly false in both fact and implication and which have caused me immense damage.As councillors are not considered to be employees I cannot take the council to a tribunal to get my job or income back.I have no option but to consider action for defamation and I am in discussions with lawyers to do so.

I am particularly grateful to the three Liberal Democrat friends who set up a website which has generated more messages of support and offers of financial assistance to help with legal action.I very much hope that matters will be settled out of court and these offers do not have to be taken up, but they are incredibly kind and mean so much.If you would like to add your support – moral or financial – at www.alexfolkes.org.uk – I would be very grateful.

I look forward to seeing you at County Hall in the New Year.

Yours, Alex

It would be the right thing for Cornwall County Council to admit that they had made a mistake. Often powerful organisations are not quick to admit when they get it wrong, causing further anguish to people. We’ll see what happens when everyone returns to work ager the holidays next week.

In the meantime, messages of support have now been published on Alex’s support website. If the Council does not accept his innocence, he will have to take legal action and will need help from anyone who believes in fairness and natural justice.

* Caron Lindsay is Editor of Liberal Democrat Voice and blogs at Caron's Musings. You can find her on Bluesky at caronmlindsay.bsky.social