This item was first posted on the F.A.C.T. website on 9th September 2004
We have received the following release Let Our Voices Emerge.
The Evening Herald. Dublin, Ireland reports on Thursday 9th September, 2004
A man appeared in Kilmainham District Court today charged with making false claims of indecent assault and buggery against a member of the clergy. Paul Anderson (31), Iveagh Trust, Kevin Street, was before Judge Catherine Murphy charged with making the statements in June 2003.
Anderson is accused of alleging to Gardai that he was buggered and indecently assaulted by a priest in 1981. He was charged under Section 12 of the Criminal Law Act 1976.Det Sgt Martin Mooney of the National Bureau of Criminal Investigation told the court that he arrested Anderson at 8.50am today on foot of an arrest warrant and charged him at 10.23am. Judge Murphy remanded him on bail to October 7
Well folks, So there is justice after all. But there is one question, why was Mr Paul Anderson not charged under the 'Protection for Persons Reporting Abuse Act'? Can this be just the "tip of the iceberg" regarding false accusation? The Gardai are to be congratulated on this one.
Edward Hernon, Vice-chair, L.O.V.E.
This item was first published on the F.A.C.T. website on 1st September 2004
FACT A.G.M./Autumn Conference
To be held on Saturday 11th September
2004 at The Parish Hall, Dinas Powys. CF64 4AF
Programme
10-30am Arrival --- Tea and Coffee available
11:00 am. Chairman will open the conference
Introductory Comments. A.G.M. (This will be a brief meeting which will include minutes of previous AGM, reports from Chairman, Secretary and Treasurer, and election of 3 Committee members and Secretary.
12:30pm
Conference
12-30pm Mark Newby and Mark Barlow,
Historical Abuse Appeal Panel – The first 12 months.
1-15pm Lunch- Buffet available, all profits to FACT.
2-15pm Dr Michael Naughton, Lecturer in Sociology, Bristol University. Report on inaugural meeting of UK Innocence Project.
3-00pm Tom Davies, Independent Police Complaints Commission
Workings of the new body set up to investigate complaints of police misconduct.
3-45 pm Anne Hovey, National Association of Headteachers
False Allegations of Abuse– A Teaching Union Perspective.
4:30 Dr Bill Thompson, criminologist.Northern Ireland-abuse scandal. The way forward for F.A.C.T.
5:15 Open Forum.
5:30pm Close.
You are very welcome to attend. There is no charge.
For further details contact the Secretary
This item was first published on the FACT website on 18th September
Here is, at last, the APGAI newsletter covering our work over the last few months.I have had meetings with:
Hazel Blears
(Home Office Minister responsible for the Police & Crime Reduction)
The purpose of this debate was to highlight the fact that during the last 10 years thousands of teachers have been falsely accused of ‘crimes’ they did not commit and despite the fact that only 1% of those accused are successfully prosecuted the minister argued that there was insufficient evidence to change the rules and procedures which govern the way in which complaints are dealt with. Needless to say I was disappointed with the response. The follow up meeting I had with Hazel was more productive and we are now working with her office on a number of matters - more about that in our next newsletter.
Paul Goggins (Home Office Minister for Prisons)
The meeting we had with Paul Goggins was by comparison far more constructive, we discussed at length the treatment of sex offenders and the policies for managing ‘deniers’. There will be further meetings in future.
Lord Justice Sir John Kay
(Chair of the Criminal Justice Council)
Sir John and I had an excellent meeting with whole hearted agreement that the procedures for investigating sex abuse allegations were a source of significant disquiet in the judicial process. This was the most enlightening conversation I have had to date with anyone and I was most distressed to learn of his death just a few days later.
Judge Alan Wilkie QC (Law Commission)
He agreed that there seems to be a general raising of awareness that there are methodological problems involved in the preparation of evidence for trial in connection with allegations of historic child abuse. The Law Commissioners have discussed this and recognise that it is a subject in which a whole series of problems cause much disquiet. However due to a very full programme and other problems, it would seem that the Commission will not be able to undertake such a large scale project, certainly not in the foreseeable future. The Judge leaves the Commission this month, I look forward to meeting his successor.
Criminal Cases Review Commission (CCRC)
During the year I have had several meetings with the Criminal Cases Review Commission, some of them accompanied by Mark Newby. The CCRC are very slow delivering on their promises but we will continue to question them and Mark and I have another appointment with them.
Charles Clarke (Secretary for Education)
Charles Clarke has evidently spoken to David Blunkett about his concerns re teachers and false accusations. Charles has proposed a school based procedure which would have to be pursued before referring complaints to either social services or the police. Personally I think the proposal is a good idea but a non starter. I will maintain contact with Charles Clarke to see how things are progressing.
Additionally ...
The All Party Group for Abuse Investigations is working closely with Mark Newby and the Historic Abuse Appeal Panel to increase our success rate with the press. The fact that Anver Sheikh has to face is re trial is a great disappointment but he has a good team behind him and we must hope and pray for the best outcome.
Another Residential Home case comes to the Appeal Court in November and I am hopeful that two more will follow without too much delay. It goes without saying that several successful appeals on the right grounds would strengthen my hand considerably.
The APGAI are planning a conference for December that will focus on the many different types of abuse that we have become aware of. The aim of the conference is to create publicity and highlight the various aspects of abuse and the difficulties in challenging false accusations. Members of both Houses, the media, the legal profession, trade unions and professional associations are amongst those to be invited. Support Organisations will be invited to send representatives. From this you will see that we continue to meet with Senior Members of the Judiciary and the Government in order to keep this matter before them and there are more meetings planned for the future.
I have to thank members of the APGAI, in particular the Executive and all those people, unknown to you, who give of their time to help with this work, without them it could not be done. I am much encouraged by their support.
Kindest Regards
Claire
Claire Curtis-Thomas MP
September 2004
Our thanks to Claire and her supporters for all the hard work she is doing to advance our cause
This item was first published on the FACT website on 20 September 2004
False Scouting Allegations (FSA) are in the process of changing their name to Falsely Accused Youth Leaders (FAYL). The telephone numbers and addresses will remain the same.
This item was first published on the F.A.C.T. website on 20 September 2004
A true story of how one family coped with false allegations.
My attention has been drawn to a new book on False Allegations. It is called Insight into Anguish - Trial and Error and describes a family's nightmare over sexual assault allegations. The book is written by Melanie Metclafe whose husband, a Church youth worker at was falsely accused of rape.
How would you react if your husband was accused of sexual assault? This book is an account of the experiences of an ordinary family who find themselves caught up in a living nightmare when the father of young children is arrested and forced to stand trial over serious sexual allegations. It is a cautionary tale of rough justice which warns how the accused in such cases is faces an automatic presumption of guilt.
All who work at any level in the voluntary sector among children and youth, should read it to be be alerted to the dangers of innocent, but naive or unwise conduct being manipulated in a Court of law: this story should certainly put all youth workers on their guard. Society should read it to appreciate the unfairness of a legal aid system that could leave an innocent family homeless and bankrupt.
Yet this is a story of a family who have a firm belief that God is in control: a God who has plans behind all the events of this world. The book is a startling testimony of faith through adversity. In a sometimes harrowing account, Melanie Metcalfe has much to say about how the family's faith was tested and strengthened through these events.
The book is published by Day One Books. ISBN 1 903087 40 6 It costs £8.99. You can obtain it from the publishers Day One, Ryelands Road, Leominster, Herefordshire, HR6 8NZ Phone 01568 613 740 or by Email This is an excellent book extremely well written and will be appreciated by those whose faith has been challenged or strengthened by false abuse allegations.
This book is also available to F.A.C.T. members at a discounted price.
“Responsibilities are few; the legislation is empowering rather than restrictive” Peter Clarke on his role as Children’s Commissioner for Wales
The following statement has been issued by the Clywch Response Group
The Clywch Inquiry was established to examine the adequacy of child protection procedures in connection with allegations of abuse. At issue was a 1991 case where complaints had been laid against John Owen, a drama teacher at the Rhydfelen school in Pontypridd.
The Inquiry was conducted in the light of retrospective allegations of sexual abuse made by former pupils in 2001. The case would have gone to trial - but did not do so. Before the trial could take place, John Owen committed suicide, still maintaining his innocence.
The Children’s Commissioner for Wales stressed that his Inquiry was to be fair, open-minded and not a fact finding tribunal about the guilt or innocence of John Owen or others. In the event, neither the conduct of the Inquiry nor the Report satisfied this claim. Witnesses were called to the Inquiry on a flawed basis: either on the assumption that they had a bona fide complaint, and the case had already been decided in their favour; or that they had a case to answer, and the case had already been decided against them. Evidence of the complainants was "led" by Counsel to the Inquiry - without scrutinising its reliability and with limited direct questioning. Cross-examination was allowed only after a number of important witnesses had given evidence.
Building on these improprieties, the Commissioner reached a sweeping finding of guilt against John Owen, condemning the consequential actions of staff and officials who had failed to detect and prevent the alleged abuse. In so doing the Commissioner breached his own Terms of Reference. His remit was fudged in order make his findings. In this critique it is argued that he was neither entitled nor right to do so. The nature of the evidence and mode of procedure in the Inquiry made it impossible to determine the reliability of the evidence of abuse. The existence of collusion, contamination, inconsistency and contradiction was not considered by the Commissioner. Under an even-handed approach, the sufficiency of guidelines for the protection of children could and should have been determined on the basis of what might have happened not on the basis of what was presumed to have happened. The root of the problem was, on the probabilities, located in the latitude afforded to John Owen as a drama teacher both in school and outside. Serious consideration of the protocols which should have been in place would have highlighted the need for safe practices; and these would properly limit the opportunity of abuse and the making of false allegations, thus protecting staff and children alike from the dangers of harm and injustice.
Many of the practices in the school which allowed John Owen to develop questionable teaching methods, an unsuitable curriculum which included obscenity, and a sometimes bullying and intimidating attitude and teaching style, belong to history. Serious as these improprieties are, they should not be conflated with the wholly different area of criminal sexual abuse and the allegations made a decade later in 2001 and beyond.
Nor should it have been assumed by the Inquiry that the complaints and evidence gathered in 1991 was necessarily reliable. An analysis of a summary of the 1991 complaints in the Report and the mode of investigation reveals grave flaws and inconsistencies not examined by the Inquiry. They undermine the validity of the Report. In the event, the Commissioner’s findings of abuse by John Owen are generalised. No justification for these findings is provided. The allegations have been found to be true without proof. This is unfair and unjust.
Individual findings of fact against other staff, concerning minor matters, are tainted by his general findings. The approach is inconsistent, unfair and sometimes irrational. Bias is a concern. Before the Inquiry began, the Commissioner had already stated his views as to the existence of abuse to the press. The procedure and differential treatment of witnesses were prejudicial in favour of the complainants. There is a real possibility that the rights of those condemned by the report constituted a breach of Article 6 of the European Convention of Human Rights. The right to a fair hearing is actionable under the Human Rights Act.
This critique also highlights a concern that did come within the ambit of the Commissioner’s terms of reference - but was not examined. The advisability, and long-term effect, of intensive "method acting" techniques with children and young people is questioned.
Summary of Conclusions
-
the report is seriously flawed
-
the procedure was unfair
-
the reliability of evidence was not considered
-
the findings are invalid
- the Commissioner exceeded his powers
We question the accountability of the Commissioner in using the scarce resources of the people of Wales in this Inquiry. The cost of the Inquiry, related investigations and the implementation of his recommendations is not stated. The Report and its recommendations have serious implications for the future welfare of children and adults. On the basis to date, the people of Wales deserve better than a Commissioner whose "powers are extensive and responsibilities few".