Independent Police Complaints Commission largely drops investigation into Met Police handling of Operation Midland

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IPCC largely clears Met Police of disciplinary charges in their handling of Operation Midland Pic Credit: Wikipedia

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The IPCC has announced on Budget Day  that it is dropping disciplinary proceedings against most of the police officers who carried out the £3m investigation into  allegations of a historic Westminster paedophile involving prominent figures, Mps and former government ministers.

In particular they have cleared all the officers facing possible disciplinary charges who investigated complaints by ” Nick ” who has been accused in a separate  independent report of possibly perverting the course of justice by raising the allegations. This is subject to a separate investigation by Northumbria Police.

The IPCC says: “The IPCC has also discontinued its investigation into allegations the DAC, DSupt and DCI failed to properly investigate allegations made by a complainant ‘Nick’ which lead to an extended investigation causing prolonged and undue stress to those under suspicion.

“There is no evidence to indicate bad faith, malice or dishonesty and no indication any of the officers may have behaved in a manner which would justify disciplinary proceedings.

” The information available indicates the investigation was extensive and carried out diligently with the majority of the decisions made appropriately recorded.”

They have dropped  complaints made by some of the people involved that the police exceeded their powers in seizing material from the homes they raided once they got search warrants.

The only investigation that will continue is into whether the police breached rules in applying for a search warrant on homes by not disclosing all the relevant information to a district judge

The Met Police had previously apologised to Lord Brittan’s family for shortcomings in the investigation-particularly the delay in informing him that they had dropped the investigation.

The full statement from the IPCC is as follows :

Following a comprehensive assessment of the available evidence relating to the conduct of five Metropolitan Police Service (MPS) officers linked to its Operation Midland, the Independent Police Complaints Commission (IPCC) has determined the scope of its investigation.

Operation Midland was an investigation into allegations of non-recent sexual offences said to have been committed by prominent public figures.

There is an indication that a detective chief inspector (DCI), a detective inspector (DI) and a detective sergeant (DS) may have behaved in a manner that would justify disciplinary proceedings in that they may have failed to accurately present all relevant information to a district judge when applying for search warrants for three properties.

It has been determined that there is no such indication in respect of similar allegations against a deputy assistant commissioner (DAC) and a detective superintendent (DSupt). As a result this part of the investigation against them has been discontinued.

The IPCC has also discontinued its investigation into allegations the DAC, DSupt and DCI failed to properly investigateallegations made by a complainant ‘Nick’ which lead to an extended investigation causing prolonged and undue stress to those under suspicion. There is no evidence to indicate bad faith, malice or dishonesty and no indication any of the officers may have behaved in a manner which would justify disciplinary proceedings. The information available indicates theinvestigation was extensive and carried out diligently with the majority of the decisions made appropriately recorded.

The MPS also referred the conduct of the DAC relating to allegations that an investigation into Lord Brittan was extended without good reason to do so thereby causing significant distress to Lord Brittan and his family. The evidence indicates a significant delay in making the decision to take no further action in the case but does not indicate the DAC may have behaved in a manner which would justify disciplinary proceedings. As a result the IPCC has discontinued this part of theinvestigation.

The IPCC has also discontinued investigating allegations that there were irregularities in the seizure of exhibits during the subsequent searches. There is no evidence to indicate that any of the officers involved may have breached professional standards.

IPCC Commissioner Carl Gumsley said:

“The allegation that incomplete information may have been provided to a district judge when applying for search warrants is serious and the IPCC will thoroughly investigate this matter.

“However, a thorough assessment into the other matters that were referred to the IPCC has been carried out. After considering the information resulting from that assessment, I am of the opinion that there is no indication that these matters would amount to behaviour which would justify disciplinary proceedings. Consequently, I have taken the early decision todiscontinue the independent investigation into those matters.

“In coming to that conclusion I have been very conscious of the fact that the force has already acknowledged its shortcomings in the investigation into the late Lord Brittan and has apologised to Lady Brittan.

“It is also important to acknowledge the climate in which Operation Midland and the investigation into Lord Brittan were being undertaken. At this time there was much concern that cover-ups by the ‘establishment’ had taken place and there was widespread intense scrutiny on both investigations. The way both investigations were conducted should be considered in that context and in line with policies which existed at that time.”

Britain: A nation of paedophile voyeurs

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

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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?

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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.

Home Office rewrites definition of child sexual exploitation

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Home Office: trying to define child sexual exploitation Pic credit: gov.uk

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This week  the Home Office quietly announced a new definition of child sexual exploitation which will be used by all practitioners in the field – from the police and social workers to voluntary organisations and charities.

The decision was overshadowed by an announcement that the Government was spending an extra £40m tackling child sex abuse.

It included the launch of a new Centre of Expertise on child sexual abuse, an extra £20 million for the National Crime Agency to tackle online child sexual exploitation, £2.2 million for organisations working to protect children at risk of trafficking and the launch of Independent Child Trafficking Advocates (ICTAs) in 3 early-adopter sites across the UK.

The latter service will initially be provided by Barnardo’s in Wales, Hampshire and Greater Manchester ahead of a full national roll out.

However the change in the wording of what constitutes child sexual exploitation had been a minefield for the ministry. The consultation paper admitted the existing definition of child sexual exploitation adopted since 2009 had not worked and had hampered investigations.

It described  current rules as ” unclear and out of date.”

“Voluntary organisations, devolved administrations and local agencies have responded over time by developing a number of alternative definitions. Partners have told us that this has led to local agencies using different definitions or using the terms ‘child sexual abuse’ and ‘child sexual exploitation’ interchangeably, resulting in ineffective multi-agency working, inconsistent risk assessments and poor data collection.”

But changing the definition has not been easy. The first draft proposed a year ago has been attacked as both being too broad – and threatening to include all sexual relations between 16 and 17 year olds – and too narrow in its definition of exploitation over the internet.

The original proposed draft said:

“Child sexual exploitation is a form of child abuse. It occurs where anyone under the age of 18 is persuaded, coerced or forced into sexual activity in exchange for, amongst other things, money, drugs/alcohol, gifts, affection or status. Consent is irrelevant, even where a child may believe they are voluntarily engaging in sexual activity with the person who is exploiting them. Child sexual exploitation does not always involve physical contact and may occur online.”

The Home Office received criticism from organisations over under 18 year olds being ” persuaded, coerced or forced into sexual activity”.

” There were concerns that the definition was too broad and had the potential to be interpreted as covering age-appropriate sexual experimentation as well as cases of child sexual exploitation. In particular, a number of respondents felt that the inclusion of the word ‘persuaded [into sexual activity]’ could cover a range of ‘normal’ behaviours within the relationships of 16 and 17 year olds that would not fit the coercive nature of child sexual exploitation.”

Persuaded has now being dropped in favour of ‘coerce, manipulate or deceive’..

The Home Office was also thought to have too narrowly defined exploitation using the internet.

“Respondents thought the phrase ‘may occur online’ in the proposed definition did not adequately capture exploitation that might occur through the use of mobile phone applications and other forms of technology.
We have amended the definition to refer to ‘the use of technology’.

The new revised definition which comes into force next month now reads:

“Child sexual exploitation is a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact; it can also occur through the use of technology.”

The full results of the consultation can be read here.

It goes to show how difficult it can be to define what people might think is a simple issue – and also if you get it wrong it may explain while child sexual exploitation has not always been properly tackled by the police and social services if no-one agrees what it is.

Brian Altman: The scuba diving prosecutor who “speared” Milly Dowler’s killer

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Brian Altman – new lead counsel for the independent child sexual abuse inquiry. Pic credit: 2 Bedford Chambers

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The announcement this week that former Treasury counsel Brian Altman has been appointed lead counsel  from March to the much troubled Independent Inquiry into Child Sexual Abuse should be  good news for survivors.

The man has a formidable reputation as a forensic prosecutor and a particularly strong line in bringing criminals to justice in  ” cold case ” murders.  For once the phrase ” highly experienced”  used by the inquiry chair, Alexis Jay, is no exaggeration.

He has yet to get a cameo role as a lawyer  in ” Silent Witness” – though he did appear in a BBC 4 Real Crime and Punishment series ( sadly no longer available on BBC i-Player.).He has received much praise from journalists who regularly cover Old Bailey trials for the way he ensnares defendants who hope to escape justice for unspeakable crimes.

His case list of successful prosecutions is impressive. They include the notorious serial killer and rapist Levi Bellfield who murdered  teenager Milly Dowler and  killer Colin Ash-Smith convicted 21 years after he murdered 19 year old Claire Tiltman.

He has also prosecuted in a joint British and Dutch investigation  of canal murderer John Sweeney who killed and dismembered former American model and photographer, Melissa Halstead, in Holland in 1990, and disposed of her remains in a Rotterdam canal, and Paula Fields in London in 2000, whose dismembered body parts were found in the Regent’s Canal in 2001.

He has a string of other murder cases – where he both defended and prosecuted killers – and successfully prosecuted terrorists-including  those involved in a disrupted Islamic state terror plot and Syrian trained terrorists planning attacks in the UK.

He is familiar with the workings of the security services  and bad behaviour by MPs – he once advised on whether to prosecute one for expenses fraud – and his client list include members of a Middle  East Royal Family – though not disclosing whether it is the Saudi Arabian one or not. For a full list see his entry on his  chambers website here.

All this should bode well  for those who want forensic examinations of some of the most highly contentious cases that will be looked at by the child sexual abuse inquiry. This will in time include the Westminster paedophile ring, Greville Janner and the Leicestershire institutions involved in child sexual abuse and some of the more contentious child sex abuse scandals in London.

Historic child sexual abuse is also a ” cold case ”  issue – so this quote should comfort the sceptics.

“For cold case murders, he is the go-to barrister because he is able to draw together all the small pieces to provide a coherent analysis, and he knows these cases so well that there is nothing the defence can come up with to outfox him. He is completely relentless, extremely personable and a great team player”; “He is a master of detail who never makes a mistake.” Chambers & Partners 2016 (Crime)

Frankly  the inquiry after all the row surrounding the departure of his predecessor, Ben Emmerson, could do with a boost. Given there is also outside pressure – thankfully resisted by Theresa May who set it up – to try and get the government to close the inquiry down because of its scope and cost, this is doubly important.

Brian Altman in his Linked In profile also lists two hobbies – scuba diving and travel. I can well understand  he will sometimes want to get away from it all after all this work pressure.

He is  coy about where he has travelled and where he has scuba dived. He tells me one of the places he has not yet visited is Australia’s Great Barrier Reef – the largest scuba diving place in the world.

Given he is probably lead counsel for the largest child sex abuse inquiry in the world- perhaps he also should also get some time off to relax there as well soon.

 

 

 

 

Paedophile loses case to ban Facebook from publishing his criminal past

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Belfast High Court Pic Credit: BBC

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An important judicial decision came out over the Christmas recess in a highly controversial case in Northern Ireland which has led a paedophile to claim £20,000 for harassment because of a blog revealing his criminal past.

The ruling is particularly significant as more people get their news from Facebook and Google rather than traditional mainstream media.

The case has been featured on this blog before. It arose after  Joseph McCloskey set up a Facebook profile page called ” Keep Our Kids Safe from Predators 2 ” which posted information about a convicted sex offender called CG.

CG was released from jail in 2012 after serving a sentence for gross indecency and indecent assault offences against a young girl and a teenage boy.

He is now over 40 and he remains under supervision by the authorities.He has been assessed as posing no significant risk to the public.

His lawyers argued that an online campaign after his details appeared on the page had reached the level of dangerous vigilantism..One user called for him to be hung while others endorsed shooting or castrating him.

CG also claimed he has been threatened with being thrown off a pier during a fishing trip, hounded out of a cinema and had to use a supermarket trolley to fight off another tormentor.

None of the information published  by McCloskey was private. It was all in the public domain at the time of CG’s conviction. CG’s solicitors complained to Mr McCloskey  who removed the posting. He later put two posts disclosing CG’s criminal record and his picture.

The lawyers weren’t satisfied and went to court claiming the sex offender had been harassed on Facebook and his human rights breached by the publication on Facebook misusing private information.

The judge found against the campaigner and Facebook and awarded the sex offender £20,000 damages for harassment.Facebook decided to appeal as it thought the ruling was excessive.

Now the Court of Appeal has decided that Facebook should have taken down the post earlier because it was leading to the harassment of the paedophile.

But very significantly the court ruled that the two other posts which dealt with his criminal record and showed his picture can remain.

The decision by Lord Chief Justice Sir Declan Morgan means that the compensation awarded to CG – which has not be paid because of legal proceedings – will be cut.

But it is also establishing a ruling that contradicts Google’s ” right to be forgotten” procedures saying that public information involving court proceedings can remain on line and cannot be construed as private information.

It was  critical of suggestions that re-publication of conviction information was relevantly private information because in principle “the public has a right to know about such convictions. Information about what has happened in open court can be freely communicated by members of the public”. This was an important aspect of the open justice principle “of very significant weight which can only be outweighed by the interest of the individual in freedom from intrusion in the most compelling circumstances”:

It also rejected the idea that because t some information is covered by the Data Protection Act is it automatically private.

considerable caution should be exercised before reading across  those matters, because the “fact that information is regulated for that [data protection] purpose does not necessarily make it private”.,said the ruling.

For those who want to follow the finer legal detail there is an interesting report by lawyer Christopher Knight, of 11KBW in London here  and a report in the Irish News which dwells on the part of the the Court of Appeal  judgement that was upheld.

 

 

 

 

The 60 year old shame of Home Office treatment of sexually and physically abused child migrants

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The list of homes the Home Office is said to have known abused children; Photo credit: ABC News

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Next month the Independent Inquiry into Child Sexual Abuse will hold a hearing into how British children were shipped abroad to  Australia, Canada and Southern Rhodesia ( now Zimbabwe) where they were subject to appalling physical and sexual abuse.

One of the people who has submitted evidence to the British inquiry has already raised issues about his treatment at one of these homes, Fairbridge Farm School,New South Wales in Australia.

David Hill  was interviewed by  the Guardian last year in Australia and tells a horrific story of a place where people were poorly educated and fed,brutally treated and some sexually abused. He went out with his brother in 1959 from Eastbourne in Sussex.

He has been one of the people who eventually prospered becoming chairman and managing director of the Australian Broadcasting Corporation. ABC carried a report on his decision to send evidence here.

But his most damaging evidence is that he might not have gone there if the Home Office had acted on information they  received three years earlier after a visit of UK MPs to Australia. In 1956 they came on a fact finding mission to find out about conditions in those schools.

The result, according to evidence submitted to the inquiry. is that the Home Office were given the names ( see above in a memo) of ten schools that should have been put on a blacklist and no British children should have been sent there.

But the Home Office appeared to  do nothing even though they decided that  the schools would need a ”  complete metamorphosis ” to be fit to accept children. So they appear to have ignored the findings so they could keep the migrant programme going – where British children from poor backgrounds were offered a new chance in life. Their decision was no better than when a whistleblower, Lucy Cole Hamilton, alerted the Home Office over a decade earlier about conditions at Fairbridge Farm and warned them not to send British children there. As a report by Sanchia Berg for the Today programme revealed in 2009 the decision was to “lay by ” and do nothing.

I am hoping that this callous attitude – which seems extended today by the Home Office and Theresa May’s view that we should all but ignore the plight of immigrant children seeking asylum in the UK – is thoroughly examined by the inquiry.

The inquiry’s own research report points out the whole area is remarkably under investigated.As it states no inquiry has ever undertaken a proper  and sustained  analysis of the failings of this huge programme and properly investigated whether some of the children were sexually abused by people in institutions before they were sent abroad.

Gordon Brown has apologised in 2009 about the way the children were treated. But it was enormous programme – some 150,000 children participated and it began in the early 17C when children were sent to Virginia – though some of the largest programmes were after the second world war. It did not stop until the 1970s.

A lot of questions need to be answered – not least from the one posed by David Hill about the role of the Home Office in the late 1950s.

 

 

Police arrest man on suspicion of stalking a child sexual abuse survivor

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Met Police arrest man on suspicion of stalking Pic Credit: Wikipedia

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The Met Police this morning arrested a 51 year old man in Kendal after obtaining a warrant to search his property  under the Harassment Act.

A statement from the Met Police said : “Officers from the Metropolitan Police Service carried out a warrant under the harassment act at an address in Kendal, Cumbria, on the morning of Wednesday, 4 January.
Police arrested a 51-year-old man on suspicion of stalking.
He was taken to a police station in Cumbria for questioning.
He has been bailed to return on a date in mid-May.”

I understand the man arrested was Simon Just and the person who was being allegedly stalked was Esther Baker, who has publicly disclosed that she is an abuse survivor.

The arrest comes while there is a separate police investigation by Staffordshire Police into  historic child sex abuse allegations involving the abuse of Esther Baker and other people. Staffordshire Police have referred the investigation to the Crown Prosecution Service.

In a separate move  earlier another  man – understood to be Darren Laverty – has also been arrested  and charged with stalking Esther Baker and another woman, a journalist.