David Hathaway was banned after an assault on a traffic warden

A tribunal told David Hathaway last week he could not hold office for one year, after he was convicted of assaulting a traffic warden 15 months ago.

If he decides to appeal against the decision within the next 28 days, a by-election to replace him will have to be postponed.

His case is thought to be the first judgment in the country to result in the disqualification of a district councillor.

Pleaded guilty

Mr Hathaway was banned by a tribunal of the Adjudication Panel, the watchdog on local authority ethics.

The tribunal, which was held in Exeter, decided that Mr Hathaway had breached the Code of Conduct which all councillors must uphold.

In June last year, he pleaded guilty to a charge of common assault on a traffic warden, carried out the month before.

The tribunal also decided that Councillor Hathaway had, on the same day, sworn at and verbally abused the manager of Cullompton Town Hall market.

The tribunal concluded that the councillor's abusive behaviour was pre-meditated and carried out in a public place.

Mr Hathaway has 28 days to appeal against the judgment; if he does not a by-election can take place after that date.