Revised trial date set for ” Nick ” the man accused of perverting the course of justice over the Westminster paedophile investigation

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Sign outside old Scotland Yard building Pic Credit: Wikipedia

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REVISED VERSION FOLLOWING  FRESH DEVELOPMENTS   

The man whose allegations of child sexual abuse and murder led to a full scale Met

Police inquiry into  alleged  VIP Westminster paedophiles involving former ministers and MPs  is to stand trial next April.

The man known only as ” Nick”  for legal reasons  faces 12 charges of perverting the

course of justice and one of fraudulently receiving £22,000 in criminal compensation.

The man, aged 50, appeared by video link at Newcastle Crown Court  which will hear the case in April. The trial is expected to last between six and eight weeks. The full charge sheet was published on my blog on July 6 here. Although” Nick ” did not enter a  formal plea his lawyers said: “”We anticipate it will be fully contested.”

Separately the Independent Inquiry into Child Sexual Abuse will also  hearings into allegations of child sexual abuse in Westminster and at Elm Guest House, in Barnes next March.But their inquiry will have a narrower brief and will not cover any of the allegations  involved in  the Scotland Yard investigation Operation Midland because of the trial. It will now come a month before the revised date of the trial.

In order to ensure that ” Nick” has a fair trial as  the moderator of my site I will not .be allowing any comments to be published  on this blog entry.

Can the Independent Child Sex Abuse Inquiry really properly investigate Elm Guest House?

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The former Elm Guest House in Barnes, south west London, now a respectable residential property

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The news that the Independent Inquiry into Child Sexual Abuse is to investigate events  surrounding Elm Guest House in the London borough of Richmond is to be welcomed. But I have serious doubts whether the inquiry will have the time and space to properly investigate.

The item is one of a number sandwiched into three weeks of hearings under the Westminster  strand of the inquiry and Alexis Jay, the chair made it clear ,last month there is no intention to make any of the investigations exhaustive.

As she said:”It is important that everyone, including the public, understands that this is not, and has never intended to be, an exhaustive examination of  all Westminster-related child sexual abuse issues. Even focusing on institutional issues, a comprehensive
examination of all the allegations that have been made, and all the questions that have been raised, particular on the internet, would involve hearings lasting months, if not years.”

So what will this brief cover. Again  according to her statement it will be limited:

“Another category of these investigations concerns allegations relating to Elm Guest House. Those allegations include possible misconduct on the part of the Metropolitan Police in the way in which investigations into goings on at Elm Guest House were conducted, and also allegations that the fruits of those investigations were covered up.

“The latter allegations include the well-known allegation that evidence relating to Leon Brittan’s presence at and/or involvement with  Elm Guest House was suppressed. We propose to call some more detailed evidence relating to these cases at the hearings next year.”

So even the remit looking at Elm Guest House will be confined.

I got involved in reporting this after a source  who was neither a  child sex abuse survivor nor a politician, stumbled across it during an unrelated dispute. The source had also discovered – and I have never had time  to investigate this – allegations of elder abuse at a home in Richmond. Until then as a journalist I had never investigated any cases of alleged child sexual abuse.

What followed was a whirlwind of allegations, some involving national politicians, others pointing to a lack of duty of  care for children by Richmond Council at Grafton Close children’s home, a muddled police investigation, and a series of  very disturbing stories from people  who were children at the home at the time.

Father Anthony McSweeney

Father Anthony McSweeney; Pic Credit: BBC

It ended with the successful prosecution of  a well connected Roman Catholic priest, Father Tony McSweeney and charges against the former deputy manager of the children’s home., John Stingemore.  McSweeney was sentenced to three years in gaol, Stingemore died a fortnight before he was due to appear before Southwark Crown Court.

Unlike Operation Midland the Met Police  investigation did produce results. In McSweeney’s case it forced the Roman Catholic Church to commission a report into what went wrong when it was revealed that the paedophile priest was caught some 30 years later with a file of indecent pictures on his computer while playing a major pastoral role with young boys and men in Norwich scouts, boxing clubs and with the Norwich City Football youth team.

While the evidence about any connection between Elm Guest House and Grafton Close was never tested in court because of Stingemore’s death the trial did reveal that both McSweeney accompanied  by Stingemore took boys away from the home without permission for weekends at a flat in Bexhill. They were present where various alleged sexual assaults took place. If Stingemore had been convicted, the jury would have found out that soon after leaving Richmond, and working for another authority he was arrested and convicted of child sexual abuse.

All this suggested that Richmond Council was seriously amiss in looking after children in its care and that both elected councillors and officials should have known what was  going on. But it looks that the inquiry would not look at this aspect, allowing the council to be let off the hook.

As serious as this is when Elm Guest House was raided by the police, Grafton Close was designated as a place of safety for any children that might be found there. Effectively the police  unwittingly were sending children to an establishment run by a paedophile with a paedophile friend who regularly visited it.And by alerting Grafton Close in advance if there was a connection with Elm Guest House, the establishment would have got a tip off about the raid.

As for the place itself  it seems like many hotels that welcomed gay guests in late 1970s and early 1980s, tolerated both consenting gay adults staying overnight and possibly paedophiles. The fact is unlike today homosexuality was viewed as a closet activity, driving both adults and paedophiles to the same venues. The situation is reflected in hotels used as gay haunts in North Wales at the same time.

As for VIPs and a police cover up  at Elm Guest House the inquiry will have its work cut out. Perhaps they can throw light on the Metropolitan Police’s reply to Channel Four Dispatches that Sir Cyril Smith visited the venue. As for Leon Brittan, the identification that he is alleged to have visited the venue come not from survivors or any list compiled by anybody but from enraged residents of this posh Barnes road. They say they spotted  both him  and at other times boys getting out of cars late at night and were fed up with this sort of traffic in a respectable neighbourhood.

 

 

IMPRESS dismisses complaint of intimidation, malice and invasion of privacy from child sex abuse survivor named in blog on Esther Baker

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In my view Justice done over Impress complaint

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IMPRESS, the independent press regulator,  has rejected a complaint from a child abuse survivor, who was named in a story on the Byline  site and  on my personal blog.

The ruling sets a precedent  for the regulator.  It ruled that survivors who rightly normally get anonymity,  but then decide to go public in the mass media cannot subsequently decide to ban other individual journalists from referring to them if no new information is published.

The dispute arose after a blog published by me on Byline and here which was critical of the treatment of Esther Baker in a  direction made by Alexis Jay, the chair of the Independent Inquiry into Child Sexual Abuse.

As a side issue the blog pointed out that survivors who go public are rare and cited in passing another child sex survivor who “bravely” went public in the Scottish Sun about his experiences after an 82 year old paedophile priest was jailed.

The survivor subsequently complained to Impress. The grounds of his complaint were :

“The publisher failed to preserve the Complainant’s anonymity as a vulnerable
witness;
“Publishing of the Complainant’s name was an act of malice and intimidation
and unacceptable conduct by a journalist; and
“Publishing of intimidatory reference to the Complainant was done in an
invasive manner.”

The publication, the complainant said had caused him  significant distress.

Byline and myself vigorously contested this.

The report says: “The publisher believes that victims of sexual offences and their
privacy should be protected, but, does not believe that this means that such victims
can selectively waive their rights of anonymity with respect to specific
journalists or publishers.
“The Author argued that the Complainant had made public, multiple times,
that they are a survivor of sexual abuse. The Complainant had been named
in the UK national press, the Washington Post, TV, YouTube, social media
and on numerous national websites.
” The publisher argues that, in these circumstances, a requirement to request
specific permission from the Claimant to publish material in the public domain
would amount to a form of targeted prior restraint and censorship, in breach
of its Article 10 rights.

“The Author refuted that the naming of the Complainant was in any way
malicious or any part of a campaign of intimidation made against the
Complainant.
“The Author believes that ‘it would be egregious if it is held that no one could
link to the article [already in the public domain] and discuss it without their
permission’. Therefore, the Author disagrees with the Complainant’s point
that publication had caused enormous distress.”

Impress called in lawyers to advise them on the naming and dismissed all the complaints made by the child sex abuse survivor.

“The Committee considered that merely referring to the Complainant in this
article did not constitute an act of intimidation in the course of journalistic
activities, particularly so in light of the fact the Complainant had identified
themselves to the media as a victim of sex offending.”

It went on :”The fact the Author had been copied into various emails from a third party to the Complainant,was not in and of itself evidence of intimidation in the course of journalistic activities.”

“The Committee noted that the article only cited information that had been
reported in other publications. Therefore, there could be no reasonable
expectation of privacy on the part of the Complainant in the published
information. The Committee considered that it had been reasonable for the
publisher to believe that the citation of this information (given its recent
widespread dissemination at the date of publication) would not significantly
exacerbate the Complainant’s grief or distress. Furthermore, the Committee
considered that in this case there had not been ‘intrusive newsgathering or
reporting’.”

Impress say no further action is necessary so the blog stays on both Byline and my own blog in its entirety. The full report is here.

 

Fifty Shades of Child Abuse: How a brave survivor is pioneering a fight back in Cumbria

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A snapshot from the Resilience film being shown across Cumbria

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Cumbria is amongst the first regions in England to try and tackle the poisonous chalice of adverse childhood experiences (ACEs), including child sexual and physical abuse using medical science developed in the United States and extensively trialled in Southern California and now here in the UK.

The Cumbria community initiative, known as The Cumbria Resilience Project, comes from a 61-year-old survivor himself – a victim of the notorious paedophile and abuser John Allen – sentenced to life imprisonment on 33 counts of sexual abuse against 19 boys and one girl- aged between 7 and 15 – while running a children’s home in North Wales. Allen like so many paedophiles denied all of this and claimed the people making the allegations all wanted to make money. But the jury at Mold Crown Court disagreed.

The  anonymous survivor has just written a very readable  book – available from Amazon here for £7.99p  – Aces in the shadows – Understanding Adverse Childhood Experiences.

He thought he might call it 50 Shades of ACEs because of sadly the variety of adversity, including physical, sexual, and bullying abuse (some inflicted by other traumatised children as well as adults) which damages thousands of children in their homes, schools, places of safety and in war zones and among refugees.

ACEs science comes from a health questionnaire used in the CDC-Kaiser Permanente ACEs Study, which is one of the largest investigations of childhood abuse and neglect and later-life health and well-being in the USA, can now be used by GP’s and trained counsellors to act as a gauge on how deeply traumatised children and adults have become following adverse childhood experiences through abuse, neglect and household challenges, often caused by members of their family, teachers, children’s home staff , and priests leading to perpetual mental and physical health outcomes in later life including Cancer, Ischemic heart disease, Liver disease, Alcoholism, Chronic obstructive pulmonary disease and Depression.

The science, now accepted by the World Health Organization (WHO), shows beyond any doubt that a child’s growing brain can be arrested by such traumatic experiences, but the brain’s plasticity and the building of resilience can help people recover in later life. The book includes views from three professionals, Al Coates MBE, a social worker; Judy James, a coach-therapist; and Laura McConnell, a teacher and ADHD campaigner, on how to tackle this. The survivor adds his own views.

With a score of 10 ACEs, the anonymous survivor has endured it all – three marriages, fathered eight children, 40 sexual partners, 34 homes, two bankruptcies, copious drink and sleeping pills and a range of health conditions. Only the unconditional love of his third wife helped pull him through after years of therapy.

His psychiatrist diagnosed that he suffers from complex Post Traumatic Stress Disorder – something ( which I will return in a later blog) the authorities don’t wish to know about because of the expense of treating it. He concludes : ” I do not believe however he is likely to make a complete or rapid recovery because of the duration of his symptoms since childhood.”

The good news is that such episodes have become rarer while the work he is doing in Cumbria is growing beyond anything he could have expected.

” Cumbria might appear to be a beautiful place but behind the beauty are some of the highest numbers of sexual and domestic violence offences in the country,” he told me.

The Cumbrian Resilience Project has already attracted more than 300 members belonging to its closed social media forum. It also has free viewings of a film called RESILIENCE – The Biology of stress and the science of hope which explores the damage done to the body by the toxic trauma of  repeated adverse childhood experiences as a child and puts forward a scientific way of tackling it. Film showings this autumn will be in Carlisle, Penrith, Workington, Barrow, Eden Valley and Kendal to name but a few.

Interest has been shown by Cumbria Police, Cumbria NHS and across the care sector and the project founder is planning ACEs awareness training sessions for parents, social and care workers, and all frontline staff so they can understand what is needed to help children and adults affected by ACEs. Sessions this year are being held in Workington, Carlisle, Penrith and Barrow.

The project relies enormously on volunteers and survivor champions. But I hope when the Independent Inquiry into Child Sexual Abuse (IICSA) moves on to discuss how to help survivors that projects like these (they are more widespread in Scotland) are advocated on a national level. The author is a Core Participant in the inquiry and hopes to have the opportunity to raise issues of ACEs at the inquiry later in the year.

Among the supporters of the project are Graham Wilmer, who runs the Lantern Project on the Wirral :

He says: “There are people out there who are trying very hard to undermine the courageous efforts of survivors of child abuse to come forward and give their testimony. Some of these individuals claim to be survivors themselves, others include a diverse range of individuals, some professionals, others just perhaps misguided folks without much else to do, who, through the advent of social media, believe they have a right to call out and abuse anyone they want to, simply because they can.

“That will change, but, in any case, they matter not. It is the voices of those who had the courage to speak truth to power that will be remembered, not the voices of those who tried to stop them.”

Another is Dr Wendy Thorley who described the book as a ” An open and unrestricted account of the impact on ACEs for not only children but adults. The bravery of the author to put this in the public arena is not unrecognised.”

I would recommend it – the author does not go for intellectual sophism – but is direct, honest and tells the unvarnished truth – and it is all the better for that.

Bishop Peter Ball:Time for the Church of England to take a lead on stamping out child sex abuse

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Bishop Peter Ball at his trial . Pic Credit: BBC

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This week was a torrid week for the Church of England and very embarrassing week for the heir to the throne, Prince Charles, as the Independent Inquiry into Child Sex Abuse reran the scandal of  former Bishop Peter Ball, a convicted sex offender who preyed on young men. He jailed in 2015 for 32 months for offences against 18 teenagers and men.

The case which I wrote about a year ago here  was a classic Establishment cover up where a lively and personable bishop lead a double life which was well exposed last year by Dame Moira Gibb in her investigation into the scandal. As I said last year :

“Peter Ball comes out of this report as a manipulative, sadomasochistic  predator who appears to have used every trick to entice young men from public schoolboys to priests and damaged and vulnerable youths coming to the Church  for his own sexual  gratification.”

Let it not be forgotten that as a result of his activities a young man, Neil Todd, who had first accused him in 1993  of abusing him in when he was 17 killed himself in 2012 when  Sussex Police re-opened an investigation when he was Bishop of Lewes.

As last year’s report revealed how he wanted to whip Neil Todd who was only saved by worried staff at the Bishop’s house who sent him away. He also got youths to strip off in the chapel so they could pray together in the nude and even used a ceremony to anoint a youth’s penis in some bizarre religious rite.

Now it appears while all this was going on Peter Ball could rely on the support of the former Archbishop of Canterbury, Lord Carey, and Prince Charles, who were both subject to a very active campaign from the former bishop and his twin brother saying it was a   “vendetta ” against  him and all the claims were false.

Prince Charles letters reveal frankly he was duped by the bishop. – a man he had known for 20 years. In the letters between Prince Charles and the Bishop, read to the Independent Inquiry into Child Sexual Abuse (IICSA), Ball spoke of a “malicious campaign” against him and “harassment” by “fraudulent” accusers.

In a letter to Ball in 1995, the prince said: “I wish I could do more. I feel so desperately strong about the monstrous wrongs that have been done to you.” In 1997, the prince wrote a letter in which he described an apparent accuser as a “ghastly man… up to his dastardly tricks again”.

In the written submission, read by the counsel to the inquiry Fiona Scolding,

“I first became aware of Peter Ball during the 1980s. He was later appointed Bishop of Gloucester when he became my local diocesan bishop.Peter Ball told me he had been involved in some sort of ‘indiscretion’ which prompted his resignation as my local bishop.

“He emphasised that one individual that I now understand to be Mr Neil Todd had made a complaint to the police, that the police had investigated the matter, and the Crown Prosecution Service had decided to take no action.

“That sequence of events seemed to support Mr Ball’s claim that the complaint emanated from one individual and that individual bore a grudge against him and was persecuting him, that the complaint was false, but that the individual had nonetheless profited from the complaint by selling his story. Events later demonstrated beyond any doubt, to my deep regret, that I, along with many others, has been misled.”

The main point of these disclosures seem  not to be that Prince Charles was to blame but he is probably the highest profile figure to be conned by a manipulative sex offender. He is not the first and won’t be the last

The real blame in my view lies inside the Church of England which needs urgently to take a real stand against child sex abuse – by first ending the conflicting and blurred distinction that requires senior people in the Church to take a pastoral role in looking after priests while at the same time having to handle abuse complaints against them. It needs to segregate the two by handing over complaints to an independent authority.

It also needs to look at mandatory reporting of claims of sexual abuse. It doesn’t have to heed what the government believes over this issue – it can take a stand by itself. In that way the matter will be handed over to the police for a proper investigation to find out the truth.

It does not have to wait the full inquiry’s findings before it takes action either. It owes people like Neil Todd who was vilified and took his own life to create a just and fair system to deal with sexual abuse – so that others do not take their own lives.

Why there should be no Cliff’s Law following the chilling judgement by Mr Justice Mann

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High Court decision on Sir Cliff Richard should not mean a new law

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The scathing judgement by Mr Justice Mann condemning the BBC for the invasion of  Sir Cliff Richard’s privacy has profound implications for crime reporting.

The BBC is condemned  for reporting the raid on his home following allegations of child sexual abuse which did not stand up- not just for the sensational way they did it – but for reporting it at all.

This is a double edged judgement. True the freedom of the press to do this has led to innocent people like  DJ Paul Gambaccini and Sir Cliff suffering enormous traumatic stress and having their reputations trashed over unproven child sex abuse allegations.

But in other cases noticeably broadcaster Stuart Hall, the entertainer Rolf Harris ( both child sexual abuse allegations) and for that matter ( on perverting the course of justice)  ex Liberal  Democrat  Cabinet minister and former colleague on the Guardian, Chris Huhne, press publicity helped the police to pursue the cases to a successful conclusion. The publicity before anybody was charged led to more people coming forward or to new evidence being discovered.

That is why I would like to see the decision challenged  because of its profound implications for reporting and would certainly not want a new law giving anonymity to suspects in criminal cases.

Thankfully Theresa May seems to have ruled out the latter and so have ministers and  some MPs.

  On BBC Radio 5 Live last week  Treasury minister Robert  Jenrick said that he didn’t believe that the law should be changed to give anonymity to people accused of certain offences.

He said:“There’s been a long debate, as you know, about whether that should be the case for particular types of crime – crimes which have such a serious effect on individuals’ personal reputations, like sexual offences for example.  And at the moment we’ve chosen not to proceed on that basis.  We don’t think we should discriminate between different offences.  And I think that that’s probably the right approach.  But I do feel that both the police and the media need to proceed with great caution when they’re reporting.”

His point is where you draw the line. A limited law saying only those accused of child sex abuse should be protected could be seen  by victims and survivors as ” a protect paedos” law. And if there is discrimination between offences it won’t be long before some famous personality brings a case – saying their reputation was damaged by a police raid on their home in say, a fraud case.

Also do you protect alleged murderers or low life drug dealers from the press reporting raids on their homes until they are charged. After all until a drug dealer is charged  reporting a police raid on his or her home is breaching their privacy. It could also have implications for some of the popular reality  TV crime programmes.

Why I also don’t want the law to change is that it is a matter of judgement for the police and the press to come to a conclusion. The police need to be able to judge whether publicity is necessary – even Mr Justice Mann admits in his judgement that if people’s lives are at risk there is a case for naming a suspect.

The media also need to show some judgement on how they report the issue as well – and sometimes investigations can be published without naming the suspect  or giving too much of  the suspect’s identity away. In other cases the suspect’s name is part of the story.

Finally I see that the  BBC reporter Dan Johnson  who broke the story gets some criticism from the judge. He is described as honest and over enthusiastic. The judge says:

“I do not believe that he is a fundamentally dishonest man, but he was capable of letting his enthusiasm get the better of him in pursuit of what he thought was a good story so that he could twist matters in a way that could be described as dishonest in order to pursue his story.”

Some ten years ago Dan Johnson was our principal researcher for a book I wrote jointly with author and journalist Francis Beckett, on the miner’s strike of 1984. Called Marching to the Fault Line.

This is what we said about Dan in the book:

” A talented young journalist, Dan Johnson, was our principal researcher, conducting some of our most important interviews. Because of his deep knowledge of mining communities, and because he was brought up in Arthur Scargill’s village of Worsbrough, he turned into a great deal more than our researcher: he was also also a thoughtful and knowledgeable guide to what it all meant.”

In my view enthusiasm is vital if you are to be a good journalist. Journalists who are not enthusiastic about their job aren’t real journalists.

 

Nick and allegations of the Westminster paedophile ring: The perversion of justice charge sheet

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Sign outside old Scotland Yard building Pic Credit: Wikipedia

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The Crown Prosecution Service has decided  there is sufficient evidence to charge “Nick ” the  50 year old man whose allegations led to Operation Midland – the Met Police investigation into  allegations that prominent politicians and military figures were involved in the sexual abuse and murder of children -with perverting the course of justice.

Details of the charges are:

Doing acts tending and intended to pervert the course of public justice, in that he made a false allegation of witnessing the child homicide of an unnamed boy committed by Mr Harvey Proctor

Doing acts tending and intended to pervert the course of public justice, in that he made a false allegation of witnessing the child homicide of a boy called Scott

Doing acts tending and intended to pervert the course of public justice, in that he made a false allegation of witnessing the child homicide of an unnamed boy, other than the unnamed boy in charge

Doing acts tending and intended to pervert the course of public justice, in that he falsely alleged that he had been sexually and physically abused by a paedophile ring, with senior ranking officers within the military, military intelligence, a TV presenter and other unidentified men accused as members

Doing acts tending and intended to pervert the course of public justice, in that he falsely alleged that he had been sexually and physically abused by a paedophile ring, with politicians, a TV presenter, and other unidentified men accused as members

Doing acts tending and intended to pervert the course of public justice, in that he provided a list of sexual abusers and locations falsely alleging that he had been subjected to physical and sexual abuse by the said sexual abusers at the said locations

Doing acts tending and intended to pervert the course of public justice, in that he provided sketches of locations at which he had been physically and sexually abused, falsely claiming that he had produced them from memory

Doing acts tending and intended to pervert the course of public justice, in that he provided and repeated the name of Aubrey, falsely alleging that Aubrey had been present and subjected to physical and sexual abuse when with him

Doing acts tending and intended to pervert the course of public justice, in that he provided a pen knife and two military epaulettes falsely alleging that he had retained them from when he was abused as a child

Doing acts tending and intended to pervert the course of public justice, in that he falsely claimed that he had suffered serious injuries as a result of having been sexually and physically abused as a child

Doing acts tending and intended to pervert the course of public justice, in that he falsified a ‘Proton’ email account, and provided false information purportedly sent from ‘Fred’, an individual who he had named as present when he was abused by a paedophile ring

Doing acts tending and intended to pervert the course of public justice, in that he went together with investigators on site visits and falsely alleged that it was at locations identified by him during those visits that he had been subjected to physical and sexual abuse by a paedophile ring

Fraud, contrary to the Fraud Act 2006, section 1, in that on or about the day of day of 26 September 2013, dishonestly made representations to the Criminal Injuries Compensation Authority, namely that he was subjected to abuse by a paedophile ring, knowing this to be untrue and intending thereby to make a gain for himself.

Following a  highly critical report  on the Met Police investigation by  retired judge Sir Richard Henriques, which has never been fully published,  Northumbria Police were asked to investigate Nick.

Frank Ferguson, CPS Head of Special Crime, said: “The CPS has considered a file of evidence from Northumbria Police relating to allegations of perverting the course of justice and fraud by a 50-year-old man.

“The police investigation provided evidence that the man had made a number of false allegations alleging multiple homicides and sexual abuse said to have been carried out in the 1970s and 1980s….

“He has today been charged with 12 counts of perverting the course of justice and one count of fraud and will appear before Westminster Magistrates’ Court in due course.

Criminal proceedings in relation to this matter are now active and it is extremely important there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

In order to ensure that ” Nick” has a fair trial as  the moderator of my site I will not be allowing any comments to be published  on this blog entry.