The “Jane” date rape case: A flawed report from MPs on the Home Affairs Committee

Keith Vaz MP, chair                  Leon Brittan

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The House of Commons home affairs select committee has produced a number of outstanding reports on the criminal justice system. But its latest report on the Met Police’s handling of an investigation in allegations that Leon Brittan was involved in an historic ” date rape” case is not one of them.

The MPs have admonished the Met Police, demanded that a prominent MP, Tom Watson apologise to Leon Brittan’s family for helping the woman who made the allegation; produced a biased conclusion of how the Met handled the case and given fresh impetus to the idea that celebrities should be given special treatment. The report can be read here. 

Since then my extremely assiduous colleague Mark Conrad has found new information from witnesses interviewed by the Met Police which  are  at odds with the account given by the  original investigating officer and what was broadcast on the BBC  Panorama investigation into child sex abuse. You can read his article on the Exaro website. Mark Watts, Exaro’s editor in chief, has also done an analysis of the police evidence to the committee here.

My main quarrel with the MPs is the conclusions of the report. Not only do they seem biased towards  the investigating officer Paul Settle whose work they describe as ” exemplary” but they appear to ignore compelling evidence given his superiors, notably Deputy Assistant Commissioner Steve Rodhouse.

As Rodhouse put it “I think this investigation was following the evidence where it could and conducting a thorough investigation of all the circumstances. That was not done within DCI Settle’s investigation. I understand his rationale but there were other inquiries that needed to be conducted before we could say we had done the job thoroughly.”

Or “. It is highly unusual to undertake an investigation of this nature without interviewing the person who is accused.”

Not only is this ignored in the conclusions but the report indemnifies Mr Settle before, as the report itself says, there has been a  thorough review by another police force to see if the Met Police got it right. One would have thought the MPs would await its findings rather than act like a kangaroo court in  this instance.

And what are MPs doling praising a senior police officer for NOT following standard procedure in  rape cases which is to interview the accused? Or do they think important people deserve special privileges?

They also attack Tom Watson for intervening in the case. As far as I can see the evidence shows that his points had already been acted on independently by senior Met Police officers, so, in effect, it had no influence. In fact the senior police officers agreed with him. His language about the Brittan at a very sensitive time might be another matter.

Finally the report makes a big point about the police not informing Leon Brittan’s family that the case was not proven. They emphasise that this was appalling because he was a high profile figure.

I understand the problem here is that the police aren’t required to inform any accused person that the case is dropped – whether it is Lord Brittan or Joe Bloggs. That is the point the MPs should take up – they are not elected just to represent celebrities but all the people. And they should  not want special treatment just because someone is famous.

All in all , this strikes me as a report rushed out to meet a media feeding frenzy rather than  considered findings of a group of MPs on how the police should handle a very difficult and complex issue.

 

 

 

Spending Review: Caveat Emptor- Buyer Beware

George-Osborne1

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Today the Chancellor, George Osborne, launched the autumn spending review.

From the statement you might guess that he has climbed down over welfare spending cuts by abolishing his plan to cut tax credits, climbed down over big cuts to police budgets and acted to save the mental health budget and save the NHS from further cuts. All terribly good news along with more money for defence equipment, the security services, already announced.

But if you look at the figures he still planning  the same  huge level of cuts  but apparently with no pain.

For a start we are going to have no changes to the tax credits – yet there is going to be a change to the new universal credit which will replace a whole series of benefits. So the government will still be cutting the welfare bill by £12 billion. No details yet but it will be sneaked through when the figures are announced much later, hitting another group. And he is proposing to sell 20 per cent of the Department of work and Pensions estate- selling off  Jobcentres and benefit offices.

The NHS is getting more money but will have to make £22 billion of efficiency savings and provide a 7 day a week service. How? No details.

The police may not get their budget cut but the budget is not protected against inflation which is expected to start rising – so there is a hidden cuts inside this announcement.

And  the government claimed it had protected the science budget – but within hours engineers were announcing that a major demonstration project into carbon capture – which could save some coal fired power stations from closure – had been cancelled.

And both the extra money for defence and spending by HM Revenue and Customs – on equipment and tackling tax evasion- is going to be financed by axing thousands of civilian jobs in defence and closing down almost all local tax offices.

And while there is a £600m fund for mental health inside the NHS many voluntary organisations looking after the mentally ill and handicapped will be hit by the huge cut in local government funding.

There is more privatisation on the way – the rest of air traffic control, ordnance Survey and the Land Registry.

So what looks like a series of good announcements are often little more than smoke and mirrors. And in this budget it will depend more than most on the small print hidden in government announcements. Journalists are often fooled into first believing the initial message only to find it starts to unravel over the next few weeks when the policy bites. This is a Caveat Emptor Spending Review- buyer beware.

 

Why let your good smear campaign be spoiled with the facts, David Aaronovitch

David Aaronovitch: Abuse Conspiracies at Westminster? Image Credit: BBC

David Aaronovitch: Abuse Conspiracies at Westminster? Image Credit: BBC

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As the author of Voodoo Histories David Aaronovitch is an expert on modern conspiracy theories. So it is not perhaps surprising that he would treat a story about a  historic Westminster paedophile ring involving VIPs as the latest manifestation of mad conspiracy theorists fuelled by deluded people.

This month he published a detailed article in The Times (behind pay wall) saying the whole VIP paedophile ring scandal at Elm Guest House was in effect one of these fantasies. He said the story had been ” largely created and reiterated by a  former Labour councillor and convicted fraudster,Chris Fay”.

He accused me of spreading this  incredible story ” that I always wanted the public to know”. He concluded  by asking journalists like me ” Why am I doing this? And am I sure I’ve got this right.”

This is my answer to why David Aaronvitch has got this wrong. First it is not true that Chris Fay, who worked for an organisation helping children in care, is my sole source. He should know me better that that. I never rely on sole sources. Nor do I rely or refer to this list of VIPs – which appears to be notes from the  wife of the Elm Guest House’s long dead owner, Carol Kasir. I know it is not accurate. I have  seen part of the log of who stayed at this guest house which , of course, tells you nothing because people booked in under pseudonyms.

Second even Chris Fay does not claim the list is accurate.. Indeed in an article on The Needleblog he says almost the opposite saying he compiled a list of victims who claimed they had been abused at the Elm Guest House not abusers.He rightly casts doubt on that list – saying they may have been guests not abusers of children. Given that in 1982 it was not as acceptable as it is now for people to be gay, this is hardly surprising since people also used Elm Guest House as a rare haven for consenting adults to meet each other as well as paedophile activity.

So what is the evidence? There are two separate sources. First my original source – not Chris Fay – who a colleague met – was a former local government officer on Richmond Council. It was he who led me to investigate why Elm Guest House was raided in the first place in 1982.

It wasn’t complaints from survivors but the residents who lived on this smart Barnes street. They were fed up with people coming at all hours, seeing children going into the guest house, and having posh chauffeur driven cars drawing up there. Most ordinary people do not have large posh cars or chauffeurs at their beck and call. It was one of the then residents who identified Leon Brittan not a survivor. Separately in answer to a direct question from a Dispatches investigation, the police confirmed that Sir Cyril Smith visited Elm Guest House and contrary to reports,have not withdrawn it.

The second stream of sources came from either people who stayed at Grafton Close children’s home or were other former staff on Richmond Council who had responsibility for the home. Here the main allegation was that children were taken there and abused at Elm Guest House and elsewhere. Not everybody was, One was rescued  from that fate by a vigilant social worker.

It is a FACT that there was abuse at Elm Guest House. Why? Because one child was taken from Elm Guest House by Richmond Council  to Grafton Close was given a medical examination which revealed horrific abuse. This is confirmed by two former senior officials from the council and the Met Police may have the medical file. The person has long since left the country, has a new life abroad, and has decided in view of the furore over this, not to testify.

Also if John Stingemore, the former deputy manager of Grafton Close, had lived to face trial at Southwark Crown Court, he would have faced a conspiracy to commit buggery charge, which was linked to taking children to Elm Guest House. His friend, Father Tony McSweeney, was convicted  and sent to jail for three years. Evidence was given that showed children were taken by Stingemore and McSweeney from the home to Bexhill and abused,without their parents knowledge.

And Stingemore, it would have emerged, was a convicted paedophile , having sexually assaulted Peter Bornshin, another resident of Grafton Close  said to have been taken to Elm Guest House.  Richmond Council  paid him compensation. He later committed suicide.

Finally it will be a little premature to assume that the Elm Guest House investigation is over.It is not. There are links to the Operation Midland investigation and there are a number of unfinished leads. But that would be tantamount to speculating on a current police investigation.

Am I right to pursue this? Yes. I don’t have the certainty that commentators like David Aaronovitch to make a polemical point. But I am still certain enough that something went very wrong in the London borough of Richmond at that time and it could still be linked to other inquiries in Westminster.

Justice for the Orgreave miners 30 years on: But from Theresa May?

Theresa May, home sercretary, could granjt an inquiry into the Orgreave  dispute 30 yaers after it happened. Pic Credit: conservatives.com

Theresa May, home secretary, could grant an inquiry into the Orgreave dispute 30 years after it happened. Pic Credit: conservatives.com

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UPDATE: Since this post was written the Orgreave Truth and Justice Campaign  submitted their findings today (Tuesday 15 December)

An extraordinary decision may soon be made by one of the most right ring of Tory ministers, Theresa May, to set up either an independent panel or public inquiry into the police handling of the 1984 miners strike.

The epic battle between the Arthur Scargill led National Union of Mineworkers and the Thatcher government  over pit closures was one of the most iconic events of its time. It divided miners  and  led to pitch battles between the police and miners, notably at Orgreave coking plant in South Yorkshire but also in Wales, Scotland and Kent.

The role of the police in handling the strike has left a bitter residue between mining communities and the police which still exists today long after the pits were closed and communities were left without work.

As I wrote in Exaro News last week Theresa May agreed to meet an extraordinary delegation of Labour MPs, lawyers, ex miners through the Orgreave Truth and Justice Campaign ( see their website here) at the end of July and has agreed to accept  a detailed legal submission from Mike Mansfield and three other distinguished barristers arguing for the case to set up an independent inquiry.

Barbara Jackson, secretary of the Orgreave Truth and Justice Campaign, said that May seemed receptive to the idea of an inquiry, said: “As a first step, we would like to see an independent panel set up that would gather together all the documents and search for others that have not come to light, before we have a public inquiry.”

“We would want Theresa May to examine the submission, which will be a very substantial document.”

Louise Haigh, newly-elected MP for Sheffield Heeley and shadow minister for the Cabinet Office and another Labour MP, Ian Lavery, a newly-appointed shadow civil service minister and former president of the National Union of Mineworkers, attended the meeting with May. So far, 65 MPs back the inquiry call.

Haigh, whose uncle took part in the miners’ strike, said: “Serious questions – which have undermined trust in the police in those communities affected and more widely – remain unanswered. Perjury, perverting the course of justice, misconduct in a public office, and whether actions were influenced by the highest levels of government are just some of the allegations levelled at the police.”

This is all the more interesting as the Independent Police Complaints Commission had thrown out  re-opening the issue claiming that most of the documents would no longer exist because of the passage of time.

There seems to be me to be a rather unusual move by May, who would have sided with Thatcher over the dispute. However I have noticed that she is very independently minded – setting up the Goddard Inquiry into child sexual abuse despite a spate of problems – and also wanting an inquiry into the use of undercover police infiltrating  protest movements.

This is happening because of a rather extraordinary confluence of events – May is seen to be increasingly wanting to question police methods while those fighting for justice for the Orgreave miners show no sign of going away.

The two could well combine to create an independent panel inquiry which could at last get to the roots of one of the biggest festering sores in trade union history. It is just ironic that it could take a Tory home secretary to do something that a Blair and Brown government did nothing about for 13 years.

Right On: A warning to the national press over Operation Midland – the murder and child sex abuse investigation

JusticiaCROSS POSTED FROM BYLINE.COM

I am not surprised at all to see this warning from the Attorney General’s Office to the national press and social media sites not to try to identify ” Nick” the survivor in the Operation Midland  murder and sexual abuse inquiry.

It seems that some papers wanted to close down this inquiry and one of the people interviewed twice by the police, Harvey Proctor, was completely irresponsible in revealing and naming people who may or may not be the subject of investigation,

So just in case the national press don’t have room tonight to cover this statement here it is in full:

The Metropolitan Police Service (MPS) is currently investigating allegations made by a complainant that he was sexually abused by a number of men including various high profile figures.

The Solicitor General, Robert Buckland QC MP, would like to remind editors, publishers and social media users that where an allegation of a sexual offence has been made, no matter relating to the complainant shall be included in a publication if it is likely to lead to members of the public identifying him. Publishing such material is a criminal offence and could be subject to prosecution.

In addition, while the Solicitor General recognises the legitimate public interest in the press commenting on cases of this nature, he wishes to draw attention to the risk of publishing material that gives the impression of pre-judging the outcome of the investigation and any criminal proceedings that may follow, or which might prejudice any such proceedings.

The Attorney General’s Office will be monitoring the ongoing coverage of Operation Midland and editors and publishers should take legal advice to ensure they are in a position to comply with their legal obligations.

Child Sex Abuse: The Met Police’s honest attempt to safeguard survivors and alleged abusers

Scotland Yard: a honest statement Pic Credit: Wikipedia

Scotland Yard: a honest statement
Pic Credit: Wikipedia

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Yesterday unusually the Met Police issued a long statement on Operation Midland – the most controversial criminal investigation into allegations that young boys were murdered and sexually abused by people involved in a Westminster paedophile ring.

The press  coverage has concentrated on the mea culpa by the Met Police itself when a senior investigating officer described some very sensational allegations by an abuse survivor called ” Nick” as ” credible and true”.

The force stuck by its description as ” credible” but dropped the reference to ” true”.As their statement says:”only a jury can decide on the truth of allegations after hearing all the evidence.

“We should always reflect that in our language and we acknowledge that describing the allegations as ‘credible and true’ suggested we were pre-empting the outcome of the investigation.”

But the long statement – it is about 1200 words- also calls for the media and some of the accused,to modify their behaviour both in the interest of protecting vulnerable survivors and not defaming alleged abusers so they can get a fair trial.

The words in the statement covering survivors were particularly pertinent.- coming straight after the Daily Mail has gone as far as it could to identify ” Nick” in a piece in Saturday’s paper and on-line – including a pixellated picture and details about his mother and the job he held.

The Met Police make the eminently sensible suggestion that the press should be extremely careful about identifying vulnerable people – and suggest that print and on-line journalists should follow broadcasters and incorporate part of the regulator Ofcom’s code  when interviewing vulnerable people.

Their definition is much wider than minors. Vulnerable people “may include those with learning difficulties, those with mental health problems, the bereaved, people with brain damage or forms of dementia, people who have been traumatised or who are sick or terminally ill.”

One could  say someone who has been sexually abused as a kid has certainly been traumatised. Unsurprisingly, this does not seem to have been mentioned in the print media.

The police statement adds: ” Our other main concern is the risk that media investigations will affect the process of gathering and testing evidence in our criminal investigation. In recent weeks, one journalist reporting on Operation Midland has shown the purported real identity of someone making an allegation of sexual assault to a person who has disclosed that they have been questioned by police concerning those allegations.”

It rightly warns:”it is extremely distressing to discover that their identity might have been given to anyone else, particularly if that is to someone who may be involved in the case. Secondly, possible victims or witnesses reading the article may believe their identities could be revealed as well, which could deter them from coming forward.”

The police also make it clear  that until someone is charged they will not name anybody. There is a case for protecting individuals who stand accused of such a heinous crime – both murder and sexual abuse – who are still alive from being exposed because it will prejudice a trial. The problem with historic child sex abuse many of those involved are now dead – and it is their reputation that is at risk not a future trial.

However the accused also have to behave responsibly as well. Harvey Proctor, the former Tory MP, who has been questioned by the police as part of the investigation, has the right to call a press conference to defend himself. But it is very irresponsible to name other people who may or may not be under investigation by the Met Police or demand that his accuser be named.

It is not surprising that this has become such a controversial issue. The stakes are very high. People’s reputations face ruin and proving historic child sex abuse is a very difficult thing to do as it takes place in private and people are hardly going to admit to it.

What is required now is some space for the police to continue this complex and difficult investigation.

Everyone, not just the police, needs to tread very carefully and try to report this honestly and objectively, without fear or favour, and without blunting the detailed investigative skills needed to do the job.

My radio Interview on the Bunker Programme: Reporting child sex abuse, Westminster and Blair Inc

Last week had a live 55 minute interview with Fabrice Bardsley on The Bunker Programme – a programme put out in the UK and the US by an alternative radio station, Dark City Radio.

Above is a  video of my interview which ranged from how I started investigating Westminster for The Guardian to my more recent investigations into child sex abuse on Exaro News and this blog. There is also a shameless plug for my new book, Blair Inc, written jointly with Nick Kochan and Francis Beckett.

The topics covered ranged from how the Westminster paedophile scandal started to,my views on the overarching Goddard inquiry into child sex abuse. I am also asked about how important the police operation, Operation Midland is investigating the allegations  and my views about the new survivor group Reflections, which is trying to give survivors a real say in the direction of events. I also point out how the whole climate of opinion has changed towards child sex allegations, citing the Esther Baker case, currently being investigated by Staffordshire Police.

If you are interested and can stand 55 minutes of me you can listen by clicking on the picture above.

The Ben Fellows acquittal: A statement from me

Ben Fellows Pc Credit: BBC

Ben Fellows
Pic Credit: BBC

A few people on the internet have either contacted me or challenged my journalism  since Ben Fellows was acquitted by a jury at the Old Bailey.He was accused of attempting to pervert the course of justice over his allegations against Ken Clarke, the former Tory Cabinet minister.and I was one of a number of witnesses.

The only reason I was called as a prosecution witness by the Met Police was two years ago Scotland Yard’s paedophile unit rightly decided to investigate his allegations that he had been sexually abused by Kenneth Clarke at lobbyist Ian Greer’s office while working undercover for The Cook Report on a sting. I was at the time working as a consultant to the programme while employed full time on the Guardian. To make it absolutely clear the TV investigation was not into any Westminster paedophile ring but into the  “cash for questions” affair which involved allegations that MPs have been paid by Mohamed al Fayed, the then owner of Harrods, for asking Parliamentary questions on his behalf.

The police interviewed me and other members of The Cook report about this and quite independently none of us could recall this happening.

At the Old Bailey trial I gave evidence under oath to tell the truth. the whole truth  and nothing but the truth. I stand by everything I said at the Old Bailey. To do otherwise would be committing perjury, which is a criminal offence.

I also stand by my stories on Exaro News  which are correct to the best of my ability. I investigated Ian Greer for over a year and Ken Clarke’s name was never in the frame. I also saw Ian Greer’s entire accounts for the years in question and again there was never a mention of Ken Clarke.

To those on the internet who have suggested that somehow since the 1970s I have been a secret member of the Establishment covertly working with Peter Mandelson, this has been greeted with absolute mirth by anybody who knows me.

Police make first arrest in Esther Baker child sex abuse investigation

Esther Baker

Esther Baker

Staffordshire Police confirmed today that they had arrested a 64 year old man as part of their investigation into an historic child sex abuse ring following allegations made by  Esther Baker. a survivor.

The full statement in reply to a question from me on behalf of Exaro News is:“A 64 year old man has been arrested on suspicion of rape and conspiracy to rape in connection with the ongoing investigation in allegations of historic child sexual abuse.He remains on bail pending further inquiries.In line with our normal policy we will not confirm the details of a person under investigation until such time as charges are made.”

For legal reasons I have been told we cannot name the man but I can say for those who have followed this story it is NOT the former MP.

Police investigations are continuing into the allegations which involve a child sex abuse ring which operated in Staffordshire and the West Midlands.

Child abuse survivors strike back: A reflection on Reflections UK

Jenny tomlin: one of three organisers of the new Reflections  group

Jenny tomlin: one of three organisers of the new Reflections group

Yesterday in a community hall in Loughborough a new group  calling itself Reflections UK representing survivors of child abuse  across the UK was born.

It has arisen because many survivors – at first buoyed up by the creation of the over arching child sex abuse independent panel – have been knocked down by its replacement body, the statutory Lowell Goddard inquiry. While there was a populist demand for a statutory inquiry – many don’t seem to have realised that the price of that was to exclude survivors from sitting on it.

There has now been a strong backlash from survivors who believe their voices  have been excluded and they have decided to do something about it. Yesterday’s meeting was the start.

It is a powerful 21st century response to a government trying to find a traditionally 20th century solution to a very, very serious issue. The Goddard inquiry is a classic way governments try to solve problems – appoint an eminent judge, bring in a bevy of QC’s, hold hearings, make recommendations and spend a lot of money on an inquiry to sort it. The great and the good solve it all for the great unwashed who are eternally grateful.

Reflections UK is a 21st century response to this – made possible through instant communication on Facebook and Twitter – and expecting the survivors to be treated as equal partners. And they are not going to keep quiet and nor are they going to have their very emotive, raw and angry response to what happened to them filtered by the Whitehall bureaucracy. And in the 21st century they have the medium and the power – through the internet – to do it.

Perhaps the most telling example was the treatment of Jenny Tomlin, one of the organisers of the meeting. ( Local blog followers should know she lives in nearby Tring), She is a survivor of sexual abuse and a successful author ( see her book list on Amazon). As she told the meeting ” the great and the good” (not her words) asked her to apply to sit on their advisory group. But when she received the form it was more interested in  academic qualifications than raw experience and direct personal knowledge so she was rejected. How very last century!

The meeting itself drew a very strong cast of speakers. it was opened by Nicky Morgan, the education secretary, who made it very, very clear that she was there as the MP for Loughborough and not as a Cabinet minister. She also refused any media interviews and managed to make a speech without commenting on child sex abuse. But at least she turned up.

Speaker Jess Phillips,MP, a " big gob" for child abuse survivors? Pic Credit: Twitter

Speaker Jess Phillips,MP, a ” big gob” for child abuse survivors?
Pic Credit: Twitter

More interesting was newly elected MP, Jess Phillips.Labour, Birmingham,Yardley, who defeated Liberal Democrat John Hemming in the last election.

She didn’t hold back. As a Victims Champion for Birmingham, a person who had worked with a charity handling domestic abuse -she was well aware of the issue.

She is already making waves in Westminster as an MP. As she says in this article in Total Politics she has ” too big a gob” to shut up. And she certainly went down well at the meeting saying ” My mother told me you  only go for power to give it away” and promised to take an active role in raising cases.Indeed before she had left she had already taken some up.

Other key speakers included a GP Dr Sanjay Panwar; Graham Wilmer ( an ex panel member); Survivor Esther Baker, an Iman Muhammed Al-Hussaini  and a lawyer Nigel Thompson who pointed out how Lowell Goddard has already signed a contract promising to keep secret some of the information she may receive in her role as inquiry chair -presumably from the security services.

The most devastating personal contribution – to my mind – came from Diane House from Loughborough. She told a very familiar tale and illustrated it by going silent in the middle of her contribution. It had all the familiar ingredients of a tale from a person who had been sexually abused by seven different people. Family not believing her, friends calling her a slag, police lacking empathy and even today given a very low priority to investigating her case – which unlike some – did not include any VIPs just nasty human beings.

What was clear from this meeting organised by Phil Lafferty is that out there is a very large group of angry, frustrated people who are determined not to be ignored by the authorities and will make their views known. Lowell Goddard ignores them at her peril because they have the power in the 21st century to tell their stories which would have been denied them in the last century.