Monday 26 February 2018

Trawling and Trickery

Although there is mounting public concern about disclosure failures by police and prosecutors – especially when allegations of a sexual nature have been made – there is also a danger that a range of other types of police misconduct and malpractice may be being overlooked. It is obvious that any comprehensive review of how the embattled Crown Prosecution Service (CPS) reached its current state of crisis must certainly examine the much wider institutional flaws which are undermining our justice system.

I am referring particularly to the practice of police ‘trawling’ for complainants. What the police are unable to secure via ‘quality evidence' (i.e. unearthing actual facts which help to prove what the truth is), they often attempt to make up with ‘quantity evidence’. That’s to say, if the complaints they are dealing with seem weak and ostensibly difficult to prove (sometimes because they could well be blatant lies or fantasies), the police know that if they can find others willing to make a similar complaint, they then have a much better chance of securing ultimate ‘success’ in court.

The police use this similar allegation ‘evidence’ to sway the jury into thinking the accused is a pretty unseemly human being or to use the vernacular, ‘a dirty old man’. They know that if they can muster even a ragbag of fantasists and liars to support the original allegation, they have a much better chance of persuading twelve members of a jury to convict the accused, thereby ensuring the often vast amount of taxpayers’ money that has already been spent in the so-called investigation is never going to be a source of subsequent embarrassment. This is why investigative teams are hell bent on securing convictions at all costs once a suspect has been arrested. And, of course, successful prosecutions will certainly not damage any CPS lawyers' or police careers.

There is no place for this crude practice of police trawling in any fair, just democracy.

To exacerbate matters, the police sometimes use individuals who operate outside their force to advertise on their behalf, as happened in their ‘investigation’ of the complaints made against me, in 2012, by two greedy, unscrupulous liars. Our parliamentarians need urgently to investigate and deal with the fact that certain police forces choose to enlist this active support of private individuals – totally unregulated and completely unaccountable – in order to ‘trawl’ for further allegations of sexual misconduct (often, although not exclusively, historical in nature). The fact that these trawling operations have taken place is then often concealed from the defence, the judge and the jury.

In my case, they used the services of a Newbury businessman, a man seemingly obsessed with the entire ghastly topic of child abuse, who proclaimed on his website, within hours of the official announcement of the postponement of my trial in April 2014, that he had been asked by the investigating force to advertise on his website the fact the police were still eager for others to come forward to make complaints against me. He also stated that he would be ready to receive allegations to pass on.

How utterly crude is this and some might well argue how utterly corrupt. I can only speculate how this sort of online trawling is permitted in any decent, lawful society and what the self-appointed ‘agent’ acting on behalf of the police gains in involving himself in such a case. It is difficult to fathom. Is he simply an obsessive injustice collector (specialist subject: child abuse) or is there a much more sinister reason?

The dangers of police officers getting involved with such characters must be obvious: making use of an unaccountable, often covert, third party who has nothing to do with the actual investigation violates all professional standards of modern police practice. How much of this dangerous activity has already been going on in the background for years?

One of the major concerns about these unofficial trawling activities is that of cross-contamination of evidence. In some cases there is blatant collusion between individuals who are now claiming as adults that they were sexually abused years earlier when they were children. Those planning to make complaints may have got together face-to-face or else may have communicated with each other online or by phone. Is it possible to ascertain the extent of the sharing of bogus stories between subsequent complainants in order to ‘get things straight’ before they even approach the police? Others read about the original complaints against the defendant online or in the press and exploit the information to their advantage, often financial.

Then there is the malignant role being played by certain firms of personal injury lawyers who thrive on the historical sexual allegation industry. Apart from the myriad which appear online at a few touches of the keyboard, there is well-documented evidence of advertisements being placed in prison newspapers for those who wish to make allegations of a sexual nature to contact one or other of these firms, with the promise of sizeable sums of compensation.

It isn’t difficult to understand why someone who is short of a few bob, or a prisoner who earns a miserable £10 a week, might be inspired to spin a profitable yarn to an obliging lawyer in the hope of getting a generous tax-free payout. And since the risk nowadays of being prosecuted for lying to the police, or for perjury in court, is absolutely minimal, any fantastic pack of old lies will do. There is nothing to lose and perhaps a lot to gain.

I found it unsurprising to learn that the individual who actively advertised – unsuccessfully as it turned out – for further false allegations against me actually includes hyperlinks from his own website to a particular firm of personal injury solicitors who specialise in cases of alleged historical sexual abuse, including directing messages to a named lawyer at the firm. Was he hoping for commission, I wonder?

So why would police officers ally themselves to individuals who are so shamelessly and openly touting for compensation business? Might it be because detectives who work in this field are only too aware that the potential prospect of an undeserved financial payout of thousands of pounds can be a powerful motivating factor for some insidious individuals who come forward to make bogus complaints?

And I have recently discovered that the activities of this Berkshire-based ‘injustice collector’ are far from being unique. In certain instances, some self-proclaimed ‘activists’ have particularly dubious backgrounds of their own, including those who are themselves convicted criminals. Some have stood in the dock convicted of fraud, others of a range of drug offences; even some who have records for the vile and violent abuse of women and/or children, including members of their own family.

Many of these obsessive characters would be unable to pass any positive vetting or criminal records check required to be allowed to join the police, not to mention employment as teachers or carers, yet they are seemingly regarded by some detectives as being appropriate persons to gather sensitive intelligence that may be used in prosecutions (even if the actual source of the trawling remains concealed). How can that possibly be interpreted as justice in any form?

The time is long overdue for a major reform of our justice system. It has become far too easy – indeed, virtually risk free – for fraudsters, fantasists, revenge seekers and attention-seeking liars (as well as their enablers) to make false allegations, especially of a sexual kind against innocent victims. But this will doubtlessly continue until police officers investigate all allegations impartially and dispassionately, refraining from usurping the role of the jury in deciding whether the particular allegations being made are “credible and true.”

Alison Saunder, DPP
In addition, ALL police contacts with those who are engaged in trawling for complainants on their behalf must be fully documented and disclosed to the defence well in advance of any trial. Police forces urgently need to ensure that they never make use of dubious, unaccountable trawlers, who are subsequently hidden and protected. In cases where personal injury solicitors have already been consulted by complainants, juries should be told the details if and when a case eventually goes to trial.

We, the British public, deserve better from our police forces in these ‘investigations’ and there is a need for real consequences for fraudsters and perjurers who seek to destroy the lives of innocent people and their families. Making false allegations of any kind is never a victimless crime and where police or judges suspect that a complainant is lying, prosecution should always be seriously considered (to be honest, I’m not holding my breath on that). Otherwise, our legal system will never address the current crisis, in which innocent victims of miscarriages of justice continue to be sent to prison, their lives destroyed, while those of us who were falsely accused and then acquitted will forever live under the shadow of monstrous lies.

Tuesday 6 February 2018

The Price of Innocence

Are any of us that surprised that the despicable liar, 'Nick', whose outrageous claims of widespread sexual abuse at Dolphin Square, where he was supposedly raped and where he claimed he witnessed murders, turns out to be nothing more than a pathetic fantasist who allegedly spends his leisure time looking at child pornography? Today in the national media, including The Telegraph and The Sun newspapers, a true picture is painted of this cruel, manipulative specimen of humanity.

'Nick' - charged by police
This lying fantasist, whose claims against our former Prime Minister, Sir Ted Heath, were described so famously by Detective Superintendent Kenny McDonald of 'Operation Midland', standing in front of the former P.M.'s Salisbury home, as being 'credible and true'. What he said in full was: 'The team (Operation Midland) and I believe what Nick is saying is credible and true.'( A phrase which is now synonymous with unsubstantiated and false). DS McDonald goes on to praise Nick 'for showing so much courage in coming forward'.

Pass me the sick bucket, someone.

‘Nick’ – the key source of the Operation Midland ‘VIP paedo’ fiasco – is himself now charged with the alleged possession of child abuse images. Will this thoroughly discredited individual now be forced to face justice for his cruel lies and to return the undeserved compensation money (rumoured to be around £50,000) he has received from the Criminal Injuries Compensation Authority? Will 'Operation Midland' officers now finally admit to having been well and truly duped by this fantasist?

This broadcast outside the former PM's house in Salisbury was given the go-ahead because those working on 'Operation Midland' were desperate for others, anyone, to come forward, to help lend credence to 'Nick''s allegations. Quoting Mr McDonald: 'We need others to come forward. You will be believed. You will be supported.'

Doesn't all this now make the average person's blood run cold? The police were taken in by this insidious liar, hook, line and sinker. This fiasco is bad enough - this appalling assault on the integrity of a number of high profile politicians and the almost puerile gullibility of senior police officers - but the fact is our justice system is in crisis. Almost every day brings fresh news of some escalation in the disaster: police failures over disclosure; police officers believing without pause for thought highly unlikely, unproveable and false allegations; criminal trials collapsing; wrongful convictions; failing, overworked probation services… the list seems endless. Amid all this chaos, only the Director of Public Prosecutions, Alison Saunders, appears to be blithely unaware of the scale of the problem.

As I have written previously concerning alleged historical sex allegations, the current scandal over the police's and Crown Prosecution Service's (CPS) almost child-like gullibility and the evidence disclosure failures are nothing new. Those of us who have had direct experience of UK criminal law are only too well aware of the human consequences of this ideologically-driven ‘justice’ system. Innocent people are having their lives and reputations trashed because target-obsessed police and CPS flunkies are determined to raise conviction rates, especially in cases involving sexual allegations, regardless of any evidence that might undermine the prosecution’s case.

I am absolutely convinced that this blinkered approach has already led to numerous miscarriages of justice, with a significant number of innocent men and women now rotting in our prisons, despite Ms Saunders’ ludicrous denials. And those who manage to survive these horrors – and, sadly, some don’t – are released to face the virtual impossibility of rebuilding their shattered lives. Many will have lost their homes, their jobs, their reputations, their savings and even access to their loved ones. False allegations wreck families, especially where there are children or grandchildren caught up in the maelstrom.

Even those of us – like me – who were completely exonerated by unanimous jury decisions, delivered in a matter of minutes, have had to live through months or years of misery. Most – like me – have lost their careers and homes during the 'investigation'; many others are ruined financially and still face crippling legal bills due to fighting allegations which were totally groundless.

And don’t think for one moment that being acquitted in court is the end of the nightmare: it isn’t. Those of us who had professional careers then have to face anxious months of further inquiries by official government bodies to determine whether we are ‘fit’ to ever work again as teachers, doctors, nurses or carers. In many cases, the mere fact that an allegation – no matter how preposterous – has been levelled represents the end of a successful career, which may have spanned decades. Although I was fortunate to have been cleared to teach again, many more in my former profession find themselves barred from the classroom for life, even when they have never been convicted in a court of law. Both the DBS (Disclosure and Barring Service) and the NCTL (National College of Teachers and Leadership) work along the lines of the balance of probabilities. The General Medical Council runs along similar lines.

And then there is the seemingly eternal stigma of having foul allegations, even when proven to be false, endlessly circulating via social media. Just try getting any of this spiteful, menacing nonsense deleted from the net and you will soon realise that you have more chance of winning the Lottery. The innocent remain branded online for life - and beyond the grave.

Sir Ted Heath & Lord Bramall
Will the name and reputation of Ted Heath ever recover from 'Nick's' filthy, selfish, cruel lies? Never. There are so many more victims like Sir Edward.

Our criminal ‘justice’ system is producing a myriad innocent victims who have no effective means of redress. Even the small number of victims of miscarriages of justice who manage to reach the Court of Appeal, in order to have their convictions quashed, are by that stage often utterly ruined individuals. I have left FACT meetings (False Allegations Against Carers and Teachers) alongside members who have had their lives utterly trashed by cunning chancers, whose lies have put a partner behind bars.  One I spoke to on the way to the car park recently suddenly dissolved into tears merely because I asked her which prison her husband was in. Once a strong, successful individual, enjoying a loving marriage, she was now living on her nerves, her happiness trashed. I feel upset just writing about this incident.

Few who succeed at the Court of Appeal qualify for the measly sums of compensation which are grudgingly given, and those who do, then see substantial deductions for their ‘board and lodgings’ – i.e. a wretched cell and indigestible prison food – during their months or years of totally unmerited punishment.

I believe that it is now time to demand full restitution for the victims of our failing justice system. Where wrongful convictions have been quashed by the courts, an independent assessor should be tasked with calculating the real losses that an innocent victim of a miscarriage of justice has suffered, including such items as a lost home, career, pension and savings. Moreover, older people who have seen their state pensions and other benefits frozen while they are in jail deserve to receive the money to which they are entitled. Anything less is an outrageous injustice.

I recognise that in some cases appropriate restitution may run to hundreds of thousands of pounds – or more. However, genuine restorative justice demands that our society recognises the wrongs that have been inflicted in the name of the Crown.

In addition, those who have been acquitted in court should not face ruin due to the cost of legal bills, as well as their loss of income while awaiting trial. We need to ensure that people who emerge innocent from the dock are properly recompensed for their ordeal, not bankrupted or left homeless. When trials have collapsed owing to disclosure failures, the Crown should be required to cover all legal costs incurred by the defendant.

In part, this system of restitution could be funded by ending the current perverted compensation culture that offers liars, fraudsters and fantasists substantial cash payouts, usually from public funds (with a generous slice going to lawyers, of course, who tout openly for such business). It is truly iniquitous that notorious liars – such as the vile Danny Day, who profited to the tune of thousands of pounds from his proven lies against retired fire chief David Bryant, and this disgusting, now humiliated, fraudster ‘Nick’ – should walk away from the terrible human suffering they have caused with cash in their pockets.

Friday 2 February 2018

Protecting Our Children At School

Modern Britain is a remarkably tolerant society: we have a long tradition of minding our own business, especially when it comes to people’s religious beliefs. Unlike some other countries – such as France – we do not seek to limit individuals’ choices when it comes to what clothing is worn in public.

However, we also have a responsibility to give authority to head teachers and school governors to ensure the well-being and safety of children in their care. This is why the latest warning of the dangers of radicalisation in schools by Amanda Spielman, the Head of Ofsted, should be taken very seriously.

Her comments about extremists seeking to “indoctrinate impressionable minds” follows the furore that followed a recent decision by the head teacher of St Stephen’s primary school in East London, Neena Lall, to ban girls under the age of eight from wearing the hijab in the classroom. It was a decision that had been supported by the chairman of the school’s governors, Arif Qawi. Unfortunately, vocal criticism from hardline campaigners – including some parents of pupils – has since forced Mr Qawi’s resignation, while the head teacher has backed down and reversed what was a sensible decision concerning school uniform.


There is no legitimate reason for any young girls to have to wear the hijab or any other form of overtly religious dress in British school classrooms. Even in hard line Iran the headscarf is not compulsory for girls under nine years of age. There is no religious tenet anywhere which requires an 8-year old to wear a hijab.

This fiasco sets a very dangerous precedent: head teachers and boards of school governors need to have the authority to determine what is best for children in the classroom without fear of a backlash from a minority of disgruntled parents. Evidence suggests that our children thrive best in schools with good discipline, clear rules and high standards, including policies on behaviour and the wearing of smart uniforms; uniforms which cross all social divides, promoting a sense of corporate belonging.

Our classrooms should be places where there are no visible distinctions between pupils of differing faiths. We all know how children who are perceived as being ‘different’ can fall victim to bullying. A fairly applied code on school uniform can play an important role in minimising divisions between youngsters who should be focusing their attention on studying and learning, not on what they, or other pupils, are wearing.

Educational standards and levels of academic attainment are highest in schools in countries such as South Korea, Finland, Singapore and Switzerland, where teachers enjoy a high level of respect within their local communities and where parents are fully supportive of head teachers and the rules of the schools which their children attend. In contrast, when parents and activists set about undermining the authority of head teachers, it leads to plummeting standards and failing schools. Here in the UK, where there are regular public protests and social media mobs undermining the running of our schools, we have slumped to 20th place according to the 2015 OECD report.

As someone who worked as a teacher for over 30 years, I am absolutely certain that one of the key reasons why there has been a serious deterioration in standards of behaviour amongst many pupils here in the UK, which continues to affect negatively on standards of basic numeracy and literacy, is the marked decline in the authority of teachers, made worse by a failure by some parents to back staff when they make decisions that may be necessary, even if these may be unpopular with children or their families.

Head teachers need to be empowered and supported whenever they make rules which keep all children safe. As a society we have a responsibility to keep extremism and divisive dogmas, of any kind, out of the classroom. Unfortunately, tolerance can easily be mistaken as weakness by extremists and young, impressionable children can be vulnerable to manipulation by hardline fanatics who are eager to peddle poisonous doctrines of separatism, hatred and division.