The same day DS Perry sends it to ADC Marshall. Two days later it is with the Acting Deputy Commissioner. How-ever remember they would already know what was basically in it, having collectively made the decision.
Now this conclusion is stunning in its simplicity. The Police simply say Mike Smith didn’t pay for the pledge cards, so he can’t be held liable. Also note that the Police did not investigate Heather Simpson under S214B – only under S221. In fact as I have said they didn’t investigate anyone under this section.
They don’t even refer to Mike Smith having agreed to include the cards in the party’s return. They also don’t consider that it was arguably not the pledge cards which had Labour exceed their maximum allowed, but all the other expenditure they did in the last 19 days of the campaign – despite knowing the CEO’s views on the pledge cards.
They also nowhere asked Smith whether he was part of campaign meetings where the pledge cards were discussed, where they were co-ordinated into Labour’s overall campaign etc. The wording refers to indirectly paying or abetting a person in paying.
Now it is worth looking specifically at the wording of S214B(3):
Every person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of the maximum amount prescribed by this section is,