POLICE have launched a fraud investigation as a long-running saga involving a town council and a cemetery rumbles on.
In the latest twist to the ongoing dispute, numerous alleged criminal offences relating to the cemetery and its operation have been reported to Cheshire Police.
Historically, the cemetery has been run by Middlewich Town Council, but issues began to arise in May 2016 when the subcommittee - Middlewich Cemetery Board (MCB) - declared it was a separately constituted and independent body from the council.
The town council argued the cemetery board was 'operating without legal authority' and has since been working to bring Middlewich Cemetery back under council control.
The Guardian understands a settlement agreement was reached between the parties earlier this year, however certain requirements remain unfulfilled.
And at a meeting of the full town council on Monday, November 25, those in attendance agreed to continue further legal action to resolve the situation.
A statement released following the meeting says: "During the reconvened full council meeting (November 25), the town council unanimously resolved to refer itself as a corporate body to Cheshire Police regarding issues related to the Middlewich Cemetery.
"Significant matters were addressed, leading to the difficult decision to file an application with the courts to set aside the Tomlin order (settlement agreement) and to continue with litigation, noting the defendants have yet to submit a defence.
"The clerk, Safia Kauser, informed members numerous criminal offences may have been committed in relation to the cemetery and how it was operating in a way which appeared to be independent of the council.
"Councillors were reminded of their individual responsibilities stemming from the Nolan Principles as well as their collective responsibility to report these matters to the police for further investigation.
"We have previously indicated our commitment to taking the most decisive actions to address ongoing issues, with the cemetery being one of the longstanding matters yet to be resolved.
"A referral for fraud has been made to Cheshire Police, and we will now await further developments while cooperating fully with the investigation."
A Middlewich Cemetery Board spokesman said: "It is extremely disappointing the council has chosen to ignore the court order that both parties agreed in April, after years of legal arguments costing tens of thousands of pounds to both sides.
"A press release was also agreed, and sits waiting to be printed, unfortunately the council has not completed its side of the agreement.
"The legal agreement allowed an agreed pathway forward for our beautiful cemetery to continue to operate as the original Cemetery Board set out to do in the late 1800s when it was formed.
"We are also shocked, after having had many discussions between both sides, the current clerk feels she can now advise councillors without recourse to the legal agreement, or indeed the decency to contact the cemetery to discuss the problems or options, and avoid an unnecessary public fallout.
"We will now leave this in the hands of our solicitors and not comment any further."
A Cheshire Police spokesman said: "We can confirm that we have received an allegation of fraud in relation to Middlewich Town Council and Middlewich Cemetery, enquiries are in the early stages at this time."
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