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.

Celia Brackenridge: An outstanding sportswoman and a pioneering campaigner against sexual abuse in sport

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Very sadly yesterday Celia Brackenridge died after a long battle with leukemia.

I have written an obituary which has been published in my old newspaper  The Guardian this evening. You can read about her extraordinary career here.

She will be sadly missed by her immediate family, friends, her partner, Diana, sports professionals across the world , academics at Brunel University and local people who got to know her in Berkhamsted.

Her fearless  campaigning  against sexual abuse in sport was ahead of our time and comes just as some of the people, particularly in the football world are finally facing justice for the sexual abuse of young promising soccer stars.

She faced the equivalent of today’s internet trolls – hate mail – from people who did not want to believe  this was happening or wanted it covered up.

The good news is that her work will not die with her because there is substantial funding  for  the Safe Sport International  organisation she set up and  action will continue on the issues she has raised.

 

Esther Baker case: How the child sex abuse inquiry itself abused survivors’ trust and privacy

Alexis Jay at the Rotherham inquiry Pic credit BBC

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LATEST UPDATE; See https://davidhencke.com/2018/12/19/statement/

UPDATE: Since the publication of this blog the Crown Prosecution Service have responded to my questions. A spokesman said the CPS does not investigate allegations of a crime, including perverting the course of justice. Any allegations coming to them would be referred back to the relevant police force. In this case this would appear  to be Staffordshire police.

Esther Baker is one of the few child sex abuse survivors who went public  about her allegations that she was abused by her father and other people.

The only other case I can think of recently is  46 year  old Andi Lavery who went public to the Scottish Sun but that followed a trial in Glasgow which led to the conviction of  paedophile Father Francis Moore after Lavery gave evidence anonymously.

Therefore it is rather surprising that independent child sex abuse inquiry should publish  considerable detail naming Esther Baker  in an adjudication in a case they themselves decided was ” highly contentious”. Even more given she had not asked them to re-investigate the case which has already been investigated by Staffordshire Police and could lead to separate civil proceedings. And then they published a false statement against her that they had to retract.

The ruling by Alexis Jay is worth quoting in some detail: This is what she said :”On behalf of Esther Baker, it was submitted that the allegations which she has made

should form part of the Westminster investigation.

Ms Baker alleges that she was sexually assaulted by her father and by persons of public prominence associated with Westminster and that there were institutional failings in connection with that alleged abuse by police and law enforcement services.

She says that her father introduced her to a paedophile ring which included persons of public prominence associated with Westminster. She also says that she was abused from the age of 8 to around age 12 and that the abuse was organised and sometimes ritualistic, that it was filmed, and that the police acted in a security role.

She says that at various times she tried to report the authorities, and as such there were institutional failings.”  I have decided that the Inquiry will not investigate the issues that Ms Baker has raised that relate to her own alleged experiences of child sexual abuse…

“Ms Baker’s allegations are highly contentious.They are the subject of both contested civil proceedings and an ongoing police investigation. I am also aware that Mr Hemming ( former Liberal Democrat MP for Birmingham, Yardley) is reported to have made a complaint to the CPS that the allegations that MsBaker has made about him amount to perverting the course of justice.

“The fact that both the police investigation and the civil proceedings are ongoing is a factor that weighs strongly against the Inquiry attempting to investigate these matters. Even if it were appropriate for the Inquiry to investigate these matters before the conclusion of the other proceedings, such an investigation would be extremely resource intensive and would be likely to distract the Inquiry’s attention from the six core issues set out above.”

Now this statement has led Graham Wilmer, himself a former member of the first child sex abuse inquiry, to lodge a complaint which is now being investigated.

He wrote to them”Your decision to publish incorrect information about Esther Baker requires a robust independent investigation. The very idea that the IICSA would publish such incorrect information about a vulnerable victim of child sexual abuse is incomprehensible, and I am now asking you to investigate how this can about under your policies to protect vulnerable witnesses who come forward to the IICSA, regardless of the route.

“The below article in the Daily Mail is yet another example of why vulnerable victims of CSA/CSE should NOT come forward to the IICSA, without absolute assurance that they will be protected at all costs, which in the case of Esther Baker, you have failed completely so to do. As you are well aware, there are ongoing proceedings involving Esther, myself and others, and we will endeavour to expose the truth behind the lies, smears and malicious campaigns that have been waged against us, simply because we spoke out and disclosed what we had suffered. ”

An inquiry spokesperson did not want to comment.””The Inquiry does not comment on private correspondence it receives, nor on ongoing investigations.”

Now apart from releasing this information involving a named person – in other cases the person would have been anonymous -there is a serious flaw in the information that has been released. It implies that she could be investigated for perverting the course of justice for being as the Daily Mail put it ” a fantasist”. Worse their original public statement which was put up without Esther Baker’s knowledge  stated ” I understand that the police inquiries are now focused on whether Ms Baker should be charged with  perverting the course of justice.” 

I am told this was withdrawn after Staffordshire Police contacted them to tell them it was untrue and defamatory and it is now deleted from the website. The inquiry confirmed they had deleted it. Instead there is a reference to a complaint by Mr Hemming to the CPS.

There is NO investigation into Esther Baker about her perverting the course of justice. It is itself a fantasy. Staffordshire Police in a carefully crafted statement said she was a ” victim of crime ” and they are still supporting her. When I asked the police force whether there were further investigations into Esther Baker – after Mr Hemming is said to have complained  about the ” false accusations” against him – they made it clear there are none.

The reason why this is important is that the inquiry is already not trusted by a number of survivors who don’t believe they will get justice. Part of the reason is that survivors think the inquiry will  provide definite proof of sexual abuse against them. But that  is not the purpose of the inquiry – which is instead concentrating on the institutional failures of people not acting when they were told about sexual abuse. The inquiry in the Rochdale case was not afraid to pin people down for not doing their duty but they did not list or name fresh perpetrators.

In these circumstances you would expect the inquiry to be very sensitive about handling vulnerable survivors. Alexis Jay has already – rightly in my view – asked both survivors and those  representing people   who have been accused – to tone down their language.

Her previous ruling ends: ” I would …make a final plea that all those who report on the issues with which this Inquiry is concerned, and all those who comment on those issues using social media, should do so exercising a level of restraint and respect that is commensurate with the sensitivity of those issues, and the vulnerability of many of the individuals involved.”

Sound advice. She needs to take it herself.

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Rochdale child sex abuse: A 30 year scandal that the authorities failed to stop

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Knowl View School, Rochdale Pic Credit: TheUKdatabase.com

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The report by the Independent Inquiry Inquiry into Child Sex Abuse into Rochdale is a  detailed devastating document of the failure of its senior local authority  officials , councillors, the CPS and even the Honours Committee to tackle  the issue of long standing abuse.

The only organisation that seems to come out well over this is Lancashire Police which tried to prosecute Sir Cyril Smith – the paedophile Liberal Democrat MP  – but was frustrated by a wrong and questionable legal decision by the Crown Prosecution Service. And it might be said the brave and diligent journalists on the Rochdale Alternative Press who did expose the scandal only to be let down by a feeble mainstream media who were too frightened to taken on the popular Sir Cyril.

The damning findings go well beyond the behaviour of Sir Cyril Smith – a VIP paedophile I doubt even Daniel Janner or Times columnist David Aaronvitch could defend – they show for three decades young children were sexually abused while very senior officials, council leaders and staff in the school and hostel did nothing or deliberately turned a blind eye.

There were two main sexual abuse centres in the town – Cambridge Health, a hostel for young workers – and Knowl View School, a  residential place for maladjusted kids which was supposed to be a refuge from pretty appalling homes.

Let’s be clear who we are talking about. The inquiry quotes  Diana Cavanagh (then Rochdale’s  Director of Education), writing in 1994, children who were attending Knowl View School “… have been unable to cope with mainstream and (often) their family circumstances. Many have a poor self-image, have been abused and are on the Child Protection Register, have not found it possible to make good relationships with other children. Some are extremely withdrawn, avoiding contact or relationships with others and running away if pressurised. Some are aggressive and violent towards their family, other pupils and staff, both posing a physical risk to others and disrupting other pupils’ education. Some manipulate or bully other children and constantly use inappropriate language or inappropriate sexual behaviour. They may be out of control and attention-seeking at home and school …”

These were the kids whom the authorities failed to protect from a predatory convicted paedophile,Roderick Hilton, from camping outside the school gates and entering the premises. They were the people who allowed Sir Cyril Smith to conduct bogus medical examinations  so he could cane the bare buttocks of young kids.

They were the people once it was known that kids from the school – one possibly as young as eight – were cottaging with sexual predators in public toilets in plain sight of the social services directorate’s office and tried to lambast the staff at the school for talking to an official from the local health authority who raised the alarm.

There is also a damning finding from the inquiry about the role of the Political Honours Scrutiny Committee in their deliberations in recommending a knighthood for Cyril Smith.

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Child abuser Sir Cyril Smith Pic Credit: dreamcatchersfor abusedchildren.com

The inquiry found far from there being a cover up about his appalling behaviour – they knew all about it but didn’t believe it. The report says:

“It is also clear from the correspondence that what was of most concern to the PHSC was fairness towards Smith and concern for the reputational risk to the honours system caused by adverse media coverage.

 “Concern for those who may have been abused by Smith did not feature.

“Moreover, the documents show a marked tendency to take Cyril Smith’s progress in local and national politics, along with his previous honour (an MBE in 1966), as evidence that the allegations were unlikely to be true.

“This demonstrates a significant deference to power and an unwillingness to consider that someone in a position of public prominence might be capable of perpetrating abuse. This matters because the conferring of a knighthood on Smith was to make him even more powerful. ( my emphasis in bold).”

An interesting comment given recent events.

Then there are the two  Rochdale council leaders – one Labour and one Liberal Democrat. The former Labour leader is branded a liar by the inquiry.

“It was in our view shameful and a dereliction of his responsibility as Leader at the time that Farnell not only refused to accept any personal responsibility, but also was perfectly prepared to lay the blame on the Directors of Education and Social Services as well as the Chief Executive Officer for his claimed state of ignorance.697 In so doing, Mr Farnell soughtto shirk his responsibility and render himself totally unaccountable for the ills of Knowl View and the children who suffered. This is the opposite of honest, dutiful and responsible leadership.”

They are equally dismissive of Paul Rowen, the Lib Dem leader and later MP:

“We felt, just like Richard Farnell, that he was prepared to blame others for their faults without acknowledging his own failures of leadership. At best, he was insufficiently inquisitive about Knowl View School when the evidence that he knew about was that serious problems persisted there, which would not be resolved quickly; at worst, he turned a blind eye to the very serious problems that were in his judgment low down on the priority list.

“Although he boasted that the style of his administration was to be a departure from the past, his misplaced reliance on Council officers allowed him to sidestep his own responsibility, and blame others when he never made any or any sufficient enquiry either about the really serious problems that affected the school and its children or the efforts to deal with those problems while he was Leader. This demonstrated a lack of judgment and a failure of leadership.”

And two leading officials, were also criticised.

 Ian Davey, the Acting Director of Social Services, chose not to pursue child protection measures, a decision that was professionally indefensible and extremely poor judgment on his part.

“Diana Cavanagh, the Director of Education, commissioned reports and producedher own report. While some of this was useful, each of the reports was flawed in some respects, including factual accuracy. There was no urgency on the part of these senior officials to address the problems of sexual abuse at the school, and matters were left to drift.”

This is a catalogue of horrors. More will no doubt come out when the inquiry examine Lambeth and Nottingham. But I suspect it is the tip of a very large iceberg that even this huge inquiry will not be able to investigate. What about Richmond in south London, what will come out in Telford. What about Oxford, Staffordshire, Islington Rotherham,Leicestershire. What about other big cities and  has it been solved now. I doubt it.

 

 

 

 

 

 

Janner’s family – and his accusers – denied core participation status in Westminster child sexual abuse inquiry

Alexis Jay at the Rotherham inquiry Pic credit BBC

alexis jay at her previous inquiry into Rotherham child sexual abuse

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The Janner family and their accusers have all been denied ” core participant ” status in Westminster child sexual abuse strand of the independent child sexual abuse inquiry.

Instead they will keep ” core participant” status in a separate strand of the inquiry which examine the allegations against his father in an inquiry into child sexual abuse in institutions in Leicestershire where he was an MP.

Core participants have special rights in the Inquiry process. These include receiving disclosure of documentation, being represented and making legal submissions, suggesting questions and receiving advance notice of the Inquiry’s report.

Alexis Jay, chair of the inquiry, announced the decision, following an appeal by his son, Daniel Janner and his two daughters, Marion and Rabbi Laura Janner-Klausner.

Daniel Janner told the preliminary hearing in January :”The strand does risk turning into a witch-hunt of dead politicians,a circus, where fantasists will have free rein to live out their fantasies in evidence. There were no paedophile rings in Westminster, save in warped imaginations. But the evidence and findings of the Westminster strand will have an influence and bearing on the strand which follows in my late father’s name, because, madam chairman, the two strands — again,  as we have witnessed today — are inevitably and inexorably intertwined.”

Alexis Jay said yesterday: ” The extent that Mr Janner’s application is based on concerns about his father’s reputation, and his ability to respond to allegations made about his father, these are matters for the Investigation involving the late Lord Janner of Braunstone QC, in which the children of the late Lord Janner have already been granted core participant status.”

The inquiry also refused an appeal by a survivor who was sexually abused under the care of Hackney social services. but he may be able to appear as a witness.

” I acknowledge that WM-A4 may be able to provide the investigation with a first-hand account of what his lawyer described as “a system” of practices involving child sexual abuse operating at Westminster. This may well make him a useful witness to this investigation and the Inquiry will consider whether to ask him to provide a witness statement.”

Other decisions made earlier include granting core participant status to Esther Baker,

Alexis Jay said of her :
“Ms Baker alleges that she was sexually assaulted by persons of public prominence associated with Westminster and that there were institutional failings in
connection with that alleged abuse by police and law enforcement services.

“Ms Baker was under 18 years of age at the time of the sexual abuse described and therefore within the Inquiry’s terms of reference. Ms Baker also alleges related failings by public officers and bodies. I am also aware that Ms Baker has spoken publicly and in her own name about these matters, and I regard that as an important factor in considering the nature of her interest in this investigation.”

The Westminster strand also  accepted as core participants survivors who say they were sexually abused by Sir Cyril Smith- the former Rochdale MP – in  the context of Westminster. And Mike Veale, chief constable of Wiltshire Police, who ran Operation Conifer, into allegations of sexual abuse by Edward Heath, will also be a core participant.

Among others turned down for this strand include Jonathon Brackenbury who alleged sexual abuse in the military,  one from Sarah McDonagh  alleging sexual abuse involving a magistrates bench and one from Sabine McNeill on a  cult in Hampstead, London. Jonathan Brackenbury decided on his own volition to withdraw his application but is willing to be  called as a witness giving details he gave to the now closed  Met police Operation Midland while he was working as a Homeless Housing Worker in the West End / Earls Court area of London in the 1980s. He is also proposing to submit a case to the inquiry for an investigation into sexual abuse in the military.

 

 

Revealed:The over budget safeguarding system that doesn’t know if your kids are safe from sexual predators

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Disclosure and Barring Service Pic Credit: gov.uk

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Another day, another waste of taxpayer’s money on a scheme run by private contractors that was meant to cut costs for employers but has ended up with a huge unforeseen bill for the taxpayer.

While the privatised part of the probation service has had to be bailed out by the Justice ministry, at the same time the Home Office is having to pay out hundreds of millions of pounds to keep on track the digitalisation of the Disclosure and Barring Service.

This is the service that provides proof that people working with children do not have criminal records, and aren’t paedophiles so children and vulnerable adults can be safe. The service -like many others- had been run by Capita.

The government in 2012 decided to digitalise the service – promising big savings for employers, and a new updating service transferring the cost to the person seeking the job.

By this year the Home Office thought the number of disclosure certificates needed by employers would drop by a massive 67 per cent as 2.8 million people  seeking work with children would pay out £13 a year for an update of their certificate negating the need for new certificates. The cost of certificates to employers was expected to be cut.

As a National Audit Office report  released recently shows nothing of the sort happened.

Instead only 900,000 people decided to do this. Why? Because normally the employer pays for the certificate so it costs the applicant nothing.

As a result the NAO says: “The update service is losing DBS £9 for every sale. DBS’s 2016-17 Annual Report and Accounts report that the update service costs DBS £22 but is priced at £13 per paying applicant per year. ”

Then the 2,250 profit making firms who check the identities – from GB Group plc and  Atlantic Data Ltd to Capita Resourcing Ltd. make much more money from processing full certificates than checking updates. So they never promoted the service on their websites.

But there was far worse to come. The government appointed Tata to modernise the service and  build a new IT system  and then promptly changed the specification of what was needed. This resulted in delays and led to a one year extension for Capita which was running the service. Payouts totalling £26m had to be made to Tata for the delays and changes.

And then costs rocketed by £229 million and it is now three and half years late. Bizarrely because people have not switched  to the update service the DBS has got extra income worth £304m. Tata and Capita are still making profits. Rewards for failure at a cost to employers.

So who lost out? First employers who were promised cheaper bills – each certificate costs them £56.

But also us. There is one thing the DBS don’t do. After supplying the information about a potential employee, they never check whether the employer does disbar him or her. Since the whole point of this huge process is to protect children and vulnerable adults from predators and violent abusers you might have thought they would check up.

And given the current fashion where people who claim to be sexually abused might not be believed or labelled fantasists – I don’t think we should wait for a horrible incident to find out.