The arrogance of Daniel Janner over the future of the Child Sexual Abuse Inquiry

daniel-janner-qc

Daniel Janner QC Pic credit: http://www.regulatorycriminallawyers.co.uk

CROSS POSTED ON BYLINE.COM

On May 3 a final decision was made by Alexis Jay, the chair of the Independent Inquiry into Child Sexual Abuse not to hold a preliminary hearing into whether there should be inquiry into Lord Janner and Leicestershire institutions of allegations of child sexual abuse.

His son and his two sisters who had already had a meeting to press the case for such a preliminary hearing were understandably unhappy. They believe their father is innocent and just the subject of an historic witch hunt and no one needs to look into it.

And it is now clear that at some suitable date there will such an inquiry so long as it does not prejudice any other investigations still under way..

Daniel Janner decided to write an article for The Times denouncing the decision and protesting again that his father was ” wholly innocent of any wrong doing ” despite up to 33 people coming award and alleging they were victims of such acts.

Thus far a perfectly understandable stance from a close relative. But then he went so far to demand that the entire inquiry should be closed down and the chair was an incompetent. He also produced one sided evidence to justify his case.

As he said: ” Professor Jay is not competent to chair the inquiry because she is not a lawyer and unqualified to make difficult complex quasi legal decisions. She is simply out of her depth.”

And on the inquiry itself : “It veers between a bloated expensive irrelevance and a vindictive witch -hunt which will be condemned by history”.

To back his case up he quoted the former judge Sir Richard Henriques in his defence : ” prominent people..are more vulnerable to false complaints than others…They are vulnerable to compensation seekers, attention seekers, and those with mental health problems.”

However he doesn’t quote what Sir Richard said about his father’s case: ” In my opinion there was sufficient evidence to provide a realistic prospect of conviction in 2007, and Janner should have been arrested and interviewed and his home searched.He should have been charged with offences of indecent assault and buggery.”

So Times readers would not have known  that the very judge warning of prominent people being accused of false complaints decided in his father’s case that he should be prosecuted.

My main complaint about Daniel Janner is his arrogance. Just because the inquiry chair has decided not to do what he and his family alone wanted and not investigate his father – he decides the inquiry is a sham and the chair incompetent.

It is also extremely arrogant to say that only lawyers have the intelligence to chair inquiries. On that basis the Hillsborough inquiry would never have happened – and no one denies that has been a success.

A chair will anyway be guided by counsel and I notice the counsel to the inquiry was of the same opinion.

The inquiry is not perfect and has had serious troubles and run into serious problems with survivor groups – but the idea that the whole process should be stopped because one man doesn’t like it is ridiculous. It would deny investigations and recommendations far beyond the Janner case.

I certainly will be keeping a critical look at what the inquiry does – but I am afraid abandoning it just because it won’t do what the son of VIP tells it  is no go territory.

 

Jeremy Corbyn: Can he break out from being caught between a rock and a hard place?

Jeremy-Corbyn1-440x248

Jeremy Corbyn ; a difficult but challenging task ahead

If official opinion polls are to be believed Theresa May is heading for a landslide on June 8 with a 24 point poll lead and a majority of between 140 and 160 in the House of Commons. If she wins the argument that we need  ” stable and strong leadership ” to push through Brexit and every leaver in Britain  vote for her – especially in England and Wales – she should in theory increase her share of the vote to 52 per cent and take seats like Sunderland and Stoke, leave Labour on a wafer thin majority in Newcastle and win back seats in London. She could then dream of having a 200 majority and reducing Labour to a rump party.

But will this happen?  Jeremy Corbyn is certainly not starting from a good place.

Ever since he has been elected twice as leader he has been vilified in the mainstream media. When he was first elected some colleagues in the Parliamentary lobby thought he would not last a week and have had a mind set since that he shouldn’t have survived.

The image of him alternates between a dangerous Leftie and too weak to run the country. He can’t actually be both or he wouldn’t be  dangerous. The divisions inside the Parliamentary Party culminating in no candidate of substance standing against him in the second leadership election have done a lot of damage with the electorate. And the obvious division between him and the elected deputy leader, Tom Watson, have not helped and don’t seem to have been mended on either side.

He was also put in an impossible position by Theresa May’s snap decision to call a general election. If he had opposed it the national media would have said he is frit to face the voters, if he supported it they would say as the SNP already has that it was like ” turkeys voting for Christmas.”

Nor do I see the solution at the moment in getting a new right wing electable leader as a panacea – whoever leads the Labour Party will get a rotten press from the Daily Mail and the Sun.And it won’t depend on the policies either. Look at the more muted response from the tabloids to the idea of capping energy bills when it is a Tory leader who suggests it – as opposed to Ed Miliband.

He also has a problem from the unpopular policies by some right wing Labour councils – which could paint a worse picture for him on May 4. Two of the Labour run authorities – Durham and Derbyshire – are in areas where Labour  have decided to make huge cuts in the salaries of their natural supporters – teacher assistants- who are already on low salaries. The cuts in the name of equal pay have infuriated voters in Derby and Durham – and I would not be surprised to see Labour lose seats in these strongholds. Indeed some of the teacher assistants in Durham  I talked to at the Labour conference were planning to vote Liberal Democrat in the local elections and support Jeremy Corbyn  in a general election.

And recent Labour council seats lost by Labour to the Tories have included Salford – where the Labour council backed a development by a millionaire ex footballer to build luxury flats leading to a split vote when a residents association fought the seat. It split the vote and let the Tories win. And Labour controlled Southwark , Lambeth and Haringey are unpopular with council tenants for allowing redevelopments which will deprive local people of their homes and boost the income of foreign buyers.

So it my mind given the horrendous state of the NHS, social housing, social care, schools, transport, benefit cuts and the failure of many privatisation projects both in Whitehall and the NHS the only way Jeremy Corbyn can go is a populist anti Establishment campaign – aimed at first at the core vote to highlight the state of the country.

If he can get that message over plus a commitment to do something about it the very least it will do is to prevent such a big Tory landslide. The best would be an astonishing turn around – by convincing some of the disillusioned young voters, floating voters, and people with a conscience about growing inequality – and put the present triumphant Tories on the back foot.

While Brexit will also dominate the campaign – this is likely to be more of a battle between the Tories and the Liberal Democrats – with the Lib Dems threatening Tories to take back seats the Tories took from them in 2015.

So for  Jeremy Corbyn  it won’t be easy  but when you are caught between a rock and a hard place, you have no choice but to take the biggest risks.

 

 

 

 

 

 

 

 

Should this powerful man both bankroll press standards and an editor that brought them into disrepute?

Murdoch MacLennan Pic credit UK Press gazette

Murdoch MacLennan: just given former jailed News of the World editor Andy Coulson a £200,000 plus contract as pr man for the Telegraph group. Pic credit: Press Gazette

CROSS POSTED ON BYLINE.COM

This is Murdoch MacLennan, chief executive of the Telegraph Group, board member of the body that bankrolls the Independent Press Standards Organisation, and friend of Andy Coulson the former jailed editor of the News of the World, and former David Cameron Downing Street press spokesman.

As Roy Greenslade revealed in The Guardian  he has just given a lucrative contract to Andy Coulson to handle  public relations for the Telegraph Group.

Tim Fenton in his Zelo Street blog describes the whole sorry saga of Andy Coulson and how Murdoch MacLennan stood by the beleaguered  former News of the World editor by providing him with a character reference in court before he was sent down.

However his take up of a £200,000 plus job – already met with horror among  some Telegraph journalists – is also in the sense a damning reflection of the body, the Independent Press Standards Organisation.

MacLennan is a director  of the Regulatory Funding Company  which raises levies from the newspaper industry to pay for its work in upholding press standards and handling complaints.

While I am not suggesting – as safeguards are written into the funding arrangements that he would influence any complaint against his newspaper group – it nevertheless reflects badly on IPSO that someone on its funding board does not believe that Andy Coulson did anything wrong.

How are  we to believe that IPSO really stands by such high standards when it turns a blind eye to such a breach of standards. I put this point to IPSO today and their reply dodges the issue.

“IPSO does not comment on appointments made by any of our 86 publishers”, said a spokesman.

But given the flack the rival press standards body, Impress, has faced in the media because it was funded by Max Mosley, that seemed a fair question.

Andy Coulson

Murdoch MacLennan is part of the media Establishment as Tim Fenton points out. He also is no friend of transparency – given if you check the remarkably uninformative Telegraph Media accounts at Companies House – his salary is hidden from public view. Given he is chief executive he could be the highest paid director – earning £900,000 a year in 2016. That might explain why he thought Andy Coulson’s £200,000 plus a year to do a bit of PR work was relatively small change. Another case of ” mates rates ” I think.

 

 

 

 

 

 

 

 

 

 

Britain: A nation of paedophile voyeurs

simon-bailey-police-chief

Police chief Simon Bailey, also in charge on Operation Hydrant co-ordinating cases of allegations of child sexual abuse Pic credit :BBC

CROSS POSTED ON BYLINE.COM

Simon Bailey,  the National Police Chiefs’ Council lead for child protection, has caused a storm of controversy this week by suggesting  that people who view pornographic pictures of children on the net should not be prosecuted.

He wants to limit prosecutions to people who direct  child sexual abuse on line and those seeking to groom young people on line so they can later rape them. As he says:

“There are tens of thousands of men seeking to exploit children on line with a view to meeting them with a view to then raping them and performing the most awful sexual abuse on them. That’s where we believe the focus has got to be, because they’re the individuals that pose the really significant threat.”

He wants people who just view child sexual abuse to be given a caution and put on the sex offenders register because he says the police haven’t the resources to prosecute them.

He told the Times : “We’re able to asses whether a paedophile viewing indecent images of children is posing a threat of contact abuse and in circumstances where that individual does not pose a threat of contact abuse they should still be arrested, but we can then look at different disposal orders than going through the formal criminal justice system.”

He described this group as the ” tip of the iceberg”.

Now what is shocking about this is the scale of the problem. We are now having the police say although they are prosecuting 400 people a month they cannot cope with the numbers who are committing this  crime because it is so widespread. What does this say about the nation we now live in?

yvette-cooper-pic-credit-twitter

Yvette Cooper Pic credit : Twitter

Yvette Cooper, chair of the home affairs select committee, has responded very robustly to this in a letter she released to Simon Bailey.

” This raises some very serious concerns about the scale of online child abuse, about the level of resourcing the police have available for it, about the systems the police has in place to deal with this new and increasing crime and also about the priority being given to it by police forces.”

“You also referred to there being a significant number of “very low-risk” paedophile offenders and you stated that the police have become very adept at assessing the risk to children in terms of which offenders will move on from viewing indecent images to committing contact abuse offences.

“This was certainly not the case a few years ago when the police indicated that making such assessments was very difficult. I would therefore be grateful if you could set out the evidence to support your statement, including the changes which have taken place in the last few years to bring about the improvements in risk assessment to which you refer.”

Finally she warns that will people who are not prosecuted still go on the Disclosure and Barring Service.

“Specifically, could you explain, under the current disclosure and barring rules, if a case was dealt with outside the criminal justice system, what information would then be available to organisations carrying out checks on people applying for voluntary or paid positions with children. ”

He has until March 7 to reply. I hope he will be summoned to explain himself before Parliament.

His assessment seems to suggest we are turning into a nation of paedophile voyeurs because the offence is so widespread. This would suggest we are becoming a very sick nation indeed.

How Romania’s inhumane prison system led to the tragic death of a campaigning newspaper owner

foto-dan-adamescu-bw-1

Dan Adamescu who dies this week after falling seriously ill in an inhumane Romanian prison system.

 

CROSS POSTED ON BYLINE.COM

Earlier this month this blog covered the plight of Alexander Adamescu, the joint owner of Romania’s oldest newspaper, who is facing extradition from the UK on what are seen as trumped up charges of bribery using the European Arrest Warrant.

His father, Dan, who was the co-owner of Romania Libera, Romania’s oldest newspaper was in prison serving a four year sentence on similar charges and his family were planning to fight the state over the way they are trying to close down his companies.

Now tragically his father has died – after a short period in hospital – one of a large number of people who die every year because of the notorious nature of the Romanian prison regime.

 

His son Alexander states :“On January 24, right after midnight, Dan Adamescu, aged 68, died in a hospital in Bucharest, without having his family close to him. Sentenced on June 5, 2014 following a trial that relied on false testimonies, he was consecutively imprisoned in 3 penitentiaries, where his health status became increasingly serious. Hospitalized in his last months of his life – which he spent being intubated and in semi-inducted coma – the 15 diseases he had made his body become more and more weak, and the deadly blow was given by the pathogenic bacterium called Staphylococcus aureus, with which he was contaminated in the inhuman conditions from the prison”

He mentions that his father went through difficult moments in the penitentiaries where he was imprisoned, given his health status.

“Jailed in unspeakable conditions in the Remand Center – 6 to 8 detainees in a cell of a few sq. m. at the basement, without closets, without room to move, with Turkish toilet – and not once, because of the atrophied muscles and of his ill knee, he felt I his own excrements – jailed for 23 of 24 hours – because he was allowed to go out for 1 hour, in the 30 sq. m. called “outdoor” (actually, a closed room of approx. 30 sq. m., having grids instead of the ceiling, extremely dirty) – he was moved later to the Rahova Penitentiary, where he shared a cell with 6 detainees, but because of his sharpened health status and of his inability to move, he remained permanently blocked in the cell.

Besides, for some bureaucratic reason, the treatment that he needed desperately wasn’t administered for 37 days, although medicines have been brought by my aunt, and his life was in real danger. Moving him to the Jilava Penitentiary was a new ordeal for my father… so he went from here to the Floreasca Emergency Clinical Hospital, directly in syncope; only after 10 days of medical care his vital functions have been restored, following a serious infection spread throughout his body” .

The issue of prison conditions in Romania- where nearly 500 people have died over the last five years often due to the lack of medical treatment –  has already been challenged in the High Court in London by the international human rights lawyer, Ben Emmerson ( who also represented Alexander Livenenko’s widow in the recent public inquiry into his poisoning by plutonium). He has taken up the cases of other people being extradited by the Romanians and the prison.

Romania’s cramped and unsanitary prison conditions mean that pre-trial detention has also become a kind of punishment. Prison standards are so bad that between 1998 and 2015, the European Court of Human Rights found Romania guilty of 178 violations of Article 3 of the ECHR prohibiting inhuman or degrading treatment. The court recorded 27 violations in 2015.

This sad end  to his father’s life strongly adds to the need for some action to stop the extradition of his son who blames the Romanian authorities for his early death.

 

A Romanian scandal that threatens press freedom that the UK could stop in its tracks

alexander-adamascue

Alexander Adamescu: Facing extradition from the UK using the European Arrest Warrant

CROSS POSTED ON BYLINE.COM

Romania is not particularly high profile. It is  best known for Bram Stoker’s Dracula stories and the infamous  rule of Communist President Nicolae Ceaușescu overthrown and killed in a revolution in 1989.

Now it is seen as a NATO ally, a democracy with free elections and in European Union circles as being tough on corruption.

But beneath the surface there is growing evidence that Romania is about to go the same way as Hungary and Turkey with a crackdown on the freedom of the press, arbitrary arrests and flouting the rule of law.

The issue is becoming deeply personal – and this blog has decided to take up the issue – over the plight of a German businessman who with his father owns Romania’s oldest newspaper, Romania Libra. The paper  has been a thorn in the side 0f successive  governments by exposing corruption  and political intrigue. I have written both a news story and a large  feature in Tribune this week on the case.

Alexander Adamescu currently lives in St John’s Wood in London. His father Dan is in hospital in Romania while serving a prison sentence for corruption based on the uncorroborated evidence of one person that he tried to bribe an official. His son is now – two years later -facing a similar charge after a flimsy examination of the evidence in a 30 minute hearing called at two hours notice in his absence.

The Romanians are  using the European Arrest Warrant – which faces only a very limited challenge in the British courts- to try and extradite him to Romania and this spring there will be a court hearing.

Alexander Adamescu has applied for political asylum to Theresa May, has asked the all party Romania committee to take up his case in Parliament and appealed to the Labour leader, Jeremy Corbyn. Corbyn as a backbencher took up his father’s case in 2014 and was heavily critical of Romania’s judicial process. So far British politicians have not acted.

In the last year there have been more sinister developments – reminiscent of Russia’s secret service – affecting his family. He believes his wife, Adrianna, was the subject of a bungled kidnapping  outside his St John’s Wood flat this March.

As she got out of her car and approached her flat two masked men attacked her and tried to drag her to a waiting car.

She said: “They were both wearing bandanas and gloves. They drove in a Mini Cooper with fake number plates – as I was later told by the police – and didn’t steal anything from me despite the fact that I was wearing diamond earrings, and had my car keys in my hands.”

“When they approached me, I threw myself to the ground, and fought with them until my neighbour Kymone Hansson, hearing my screaming and came running out to me. At the same time, a cab driver with a passenger in the back seat pulled over next to me and called the police. That was the moment I was saved. The two men ran to their car and quickly drove away”.

The Met Police were able to trace the car but not the people and the case has been left on file.

Later there was a second incident which can be directly attributed to the Romanian authorities. Adrianna was returning from Bucharest and was stopped at the airport before she could board the plane. The authorities said her four year son could not leave the country because he was Romanian (he was born in the UK). As he is four they could not detain him so she quickly left the airport with him and drove across the border to Bulgaria and returned from there to the UK.

The issue of prison conditions in Romania- where nearly 500 people have died over the last five years often due to the lack of medical treatment –  has already been challenged in the High Court in London by the international human rights lawyer, Ben Emmerson ( who also represented Alexander Livenenko’s widow in the recent public inquiry into his poisoning by plutonium). He has taken up the cases of other people being extradited by the Romanians and the prison.

Romania’s cramped and unsanitary prison conditions mean that pre-trial detention has also become a kind of punishment. Prison standards are so bad that between 1998 and 2015, the European Court of Human Rights found Romania guilty of 178 violations of Article 3 of the ECHR prohibiting inhuman or degrading treatment. The court recorded 27 violations in 2015.

.Serious questions about the role of the independent judiciary, the misuse of the European Arrest Warrant and the freedom of an independent press to investigate the government are all at stake. Even the role of major accounting firms working in Romania like KPMG have been questioned.

Journalists on the paper have published an open letter accusing KPMG of aiding and abetting members of the Romanian government to rig insolvency hearings to destroy and silence their newspaper, infringing on the publication’s fundamental rights to freedom of expression.

“There is no doubt about it – this is a case of privatized censorship. KPMG has been used as a front by certain members of the Romanian government to take over control or shut us down,” said Sabin Orcan, chief editor of România Liberă.  “Our publication has survived more than 140 years of the worst types of oppression, including during the Soviet period. But who knew it would be the accountants who would deliver the death blow to freedom of the press in Romania?”

KPMG, to be fair, did find problems with the insurance company that bankrolled the paper, but recommended changes that amounted to a rescue plan for the company. The government vetoed the plan which shows where they stand.

All this suggests that the British government should act to stop this move. Given that it is committed to leaving the EU it should be possible to overrule this action or grant him political asylum.