A FORMER Somerset council officer who was accused of using public money on her private winery will face no further action from police, writes Daniel Mumby, Local Democracy Reporter. 

Clare Pestell joined South Somerset District Council in 2012, eventually becoming its director of commercial and income generation and was at one point in line to become its new interim chief executive.

She left the council in late-2021 following an independent investigation, which concluded she had breached the council’s code of conduct by failing to declare council staff and resources had been used on her land – allegations which she has “consistently denied”.

Avon and Somerset Constabulary has now confirmed they will not bring a criminal prosecution against Ms Pestell, stating that the evidence provided “did not meet the evidential threshold”.

An independent investigation into Ms Pestell’s conduct was carried out by external investigator Richard Penn, following a letter from an anonymous whistleblower in April 2021.

He concluded in a confidential report, seen by the Local Democracy Reporting Service, that Ms Pestell had breached the council’s code of conduct numerous times, identifying several occasions where she used council employees to carry out work at Melbury Vale Winery near Shaftesbury, and recommended she should be subject to a disciplinary hearing for gross misconduct.

She failed to declare that council staff had been used (on council time) to build glamping pods, strim grass, lay turf outside her cottage and – on one occasion in February 2020 – remove a dead pig from her land, his report found.

Ms Pestell “consistently denied” all the allegations made against her during Mr Penn’s investigation, and left the council in October.

Mr Penn’s report was subsequently passed to the police, who have now concluded their investigation and decided not to bring a criminal prosecution against Ms Pestell.

A spokesman said: “Police have now reviewed information provided by South Somerset District Council following a disciplinary investigation which identified possible criminal offences involving council staff.

“This information included material and statements obtained in an independent disciplinary investigation commissioned by the council.

“Following this review, officers concluded that the evidence supplied by the disciplinary investigation – which they described as very thorough and comprehensive – did not meet the evidential threshold for charging a criminal offence.

“In view of the number of individuals interviewed in the course of the disciplinary investigation, officers have not identified any proportionate and reasonable lines of further enquiry which would provide additional evidence in order to reach this threshold.

“The matter has been filed, however if anyone comes forward with new information which was not submitted to the independent investigation it will be assessed and the enquiry could be reopened.”

Council leader Val Keitch survived a vote of new confidence in late-February prompted by the Pestell investigation, with opposition councillor Martin Wale claiming Ms Keitch had led the council to be “misled and misinformed”.

Ms Keitch responded at the time by stating: “I want to stress at no time did I mislead this council – I followed the correct procedures at all times.”

A council spokesman added on Tuesday (April 12): “We thank Avon and Somerset Constabulary for its diligent work on this matter and its recognition of the comprehensive work that was undertaken by the council and independent investigators.

“We take all allegations of misconduct and gross misconduct very seriously so that we protect our residents, members, partners and staff.”

Both Ms Keitch and Mr Wale are standing in the local elections for the new unitary Somerset Council on May 5, in the divisions of Ilminster and Chard North respectively.