A Labour councillor was yesterday [21st September] found guilty of falsely accusing her political rival in an election campaign of being a paedophile and having sex with teenage boys.
Miranda Grell, 29, had been considered a rising star in Labour ranks and had been photographed with high-profile figures such as Cherie Blair, Jesse Jackson and John Reid. She beat her opponent Barry Smith to the previously safe Liberal Democrat seat in the 2006 local election. Mr Smith, 56, a prominent member of the council cabinet who has a long-term, 39-year-old Malaysian partner, lost his seat by 28 votes.
Ms Grell, a 29-year-old aide to the Deputy Mayor of London, was found guilty of two counts under the Representation of the Peoples Act 1983 of making false statements about another candidate to gain electoral advantage.
She was fined £500 for each offence and ordered to pay £3,000 towards the prosecution costs.
Ms Grell wept as the sentence was passed. The public gallery, packed with family and friends, gasped in shock.
Ms Grell had argued in court that Mr Smith encouraged Lib Dem supporters to invent the allegations because of his disappointment at losing his seat.
This version of events was rejected by District Judge John Woollard. He said: “It seems to me that in furthering what you felt was in the interests of your community you fell into error on two occasions in making statements that were untrue and damaging to a fellow candidate.
“It was a lack of maturity and experience that led you into that error.”
The court heard that while canvassing before the election on May 4 last year, Grell made a series of comments to constituents such as “Don’t vote for Barry because he is a paedophile” and “Have you heard about him sleeping with Thai boys? His boyfriend is 16, he is dirty”. Ms Grell had denied the allegations.
Earlier Gareth Branston, for the prosecution, said: “The defendant waged something of a smear campaign against her opponent Barry Smith in order to gain an advantage.
“As you can imagine these statements were false but were designed to prey on the inherent fears of paedophilia in the community.
“It was essentially a whispering campaign which Mr Smith would have found very difficult to disprove without bringing attention to his private life.”
Mr Smith, who now lives in Northern England, broke down in tears, saying that he had to flee his home after the slurs.
He said that he was spat at, verbally abused, and followed home by two men who said: “Now we now where you live, kiddie-f***er.”
Giving evidence, Mr Smith added: “I was in a state of shock. It is bad enough that homophobia was being used against me, but when I heard there was a possible suspicion of paedophilia or implied paedophilia � some things just can’t be described.
“I just wanted to get out of there.” He said that he had always tried to keep his homosexuality private, not because he was ashamed but “I don’t think it’s anyone else’s business. I want to be judged on my work and not some biological glitch”.
Mr Smith described how his constituents became aggressive towards him during canvassing in the run-up to the election. He said: “For the final couple of weeks I sensed a change of mood on the doorstep.”
He was subjected to homophobic attacks during which he was called a “f***ing paedo” and a “batty boy”.
In a statement, Waltham Forest Council said: “Her conviction means she is automatically disqualified by law from holding office as a councillor for three years. She is also under a duty to vacate her office as a councillor. This duty may be suspended for up to three months if Cllr Grell appeals against her conviction.
“In the meantime, the law requires that she is suspended from performing any functions as a councillor, with immediate effect. In accordance with its legal duties, the council is taking appropriate steps to apply this suspension.”
Source: The Times 22nd September
Seventy years locked up in institutions hardly seems to be a punishment that befits the crime of stealing half-a-crown.
However, it is just such a fate that befell Jean Gambell when at the age of 15, in 1937, she was falsely accused of stealing 2s 6d (12.5p) from the doctor's surgery where she worked as a cleaner.
She was sectioned under the 1890 Lunacy Act and even though the money was later found, she has been moved from mental institution to mental institution. More recently, she went into a care home and has been lost to her family, who thought she was dead.
But last month, by chance, her brother stumbled across correspondence which led to the discovery of her existence and the family was reunited.
Her brother David Gambell, 63, who still lives in his mother's old home in Wirral, Merseyside, received a questionnaire addressed to his mother from Macclesfield Mews Care Home.
"I thought it was just a survey for old people and I was about to throw it away when I saw Jean's name pencilled in on one corner," he said yesterday.
"I couldn't believe it. I suddenly realised that my sister was still alive. I rang the care home straight away and they confirmed that our sister was there." He and his brother Alan, who had last seen their sister as small children when she was allowed to visit home with two wardens as guards, travelled to the Macclesfield home.
They were told by staff that their 85-year-old sister was deaf, could only communicate in writing and was very unlikely to remember them.
"A little old lady on walking sticks came in," said Alan. "She looked at us and cried out: 'Alan...David'. Then she put her arms around us. It was very emotional.
"I am sure that what has kept her going all these years was the challenge of proving to the authorities that she had a family. The trouble was, nobody would listen to her."
The brothers spent much of their childhood in orphanages because their parents were so poor. They said that they had later discovered that their father had tried for years to get Jean freed after she was put in Cranage Hall mental hospital in Macclesfield for being "of feeble mind", but was unsuccessful because her records had been mislaid.
She spent years, lost in a maze of instutitons and care homes, trying to convince people in authority that she had a family. But nobody would believe her.
Macclesfield Social Services are now conducting an inquiry into Miss Gambell's incarceration.
Source: Telegraph
Latest figures on referrals, assessments and young people subject of Child Protection Plans.
The Department for Children, Schools and Families has published the latest figures on referrals, assessments and young people who are the subject of a Child Protection Plan or are on child protection registers in England, for the year ending 31 March 2007.
There were 545,000 referrals to social services departments in the year ending 31 March 2007, compared to the previous year's figure of 569,300 (in other recent years the figures have fluctuated from between 550,000 and 570,000). Of the 2007 referrals, 23% were repeat referrals within 12 months of a previous referral, the same as the previous year.
Of the 305,000 initial assessments completed in the year, 208,700 (68%) were completed within 7 working days of referral. This compares with 194,900 (65%) out of a total of 300,200 for the previous year.
Of the children who were the subject of a plan at 31 March 2007, 2,400 (9%) were also looked after by local authorities. This compares with 2,600 (10%) for 2006. 78% of looked after children who were the subject of a plan were in foster placements and 12% were placed with their own parents. Five years ago 76% of looked after children were in foster placements and 15% were placed with their own parents.
Neglect is the most common category of abuse under which children became the subject of a plan, 44%, one percentage point more than in 2006. The percentage of children who became subject to a plan due to emotional abuse increased from 21% in 2006 to 23% in 2007. Children becoming the subject of a plan due to physical abuse decreased between 2006 and 2007, from 16% to 15% respectively.
23 September 2007
A woman who falsely claimed she had been raped by two men, causing them to spend time behind bars, has been jailed for eight months.
Diane Berriman, 31, alleged she had been raped by a married pub landlord twice in the space of three years and also cried rape against another man.
But police became suspicious and Berriman was prosecuted after they discovered she was a serial liar.
Sentencing her at York Crown Court, Judge Paul Hoffman said her actions made it less likely that real rapists would be caught.
"The wider implication is that true victims of sexual crime are treated with suspicion and justice is not achieved," he added.
"These offences are so serious only an immediate sentence of custody can be justified."
Berriman accused Paul Cook, a 54-year-old pub landlord, of raping her in 2004 and also cried rape against another man, Trevor Hirst, in the same year.
Both alleged crimes were investigated and the men were held before being released without charge.
Unfortunately, Mr Cook's ordeal did not end there.
In February this year, Berriman accused Mr Cook of raping her in the Union pub in Norton, North Yorkshire.
In just one evening in the pub, Berriman bombarded Mr Cook with 30 phone calls, forcing him and his wife to unplug the phone line.
Early next morning, Mr Cook found Berriman asleep in the pub laundry. After he removed her, she went to the police claiming he had raped her.
But officers became suspicious when they examined the complaint and her history of allegations. They arrested her and she confessed to inventing the sex attacks.
Berriman, of Ampleforth, North Yorkshire, pleaded guilty to two charges of perverting the course of justice and one of harassment.
Ruth Cranidge, defending, said the former council employee had gone off the rails following the break-up of a relationship in 2004.
Speaking after the case, Mr Cook said: "She used to come into the pub occasionally. To be honest, it's been going on for years and it's been a nightmare for both myself and my wife. We just want to forget about it now and put it all behind us."
At present, alleged victims of serious sexual offences have the right to anonymity - but defendants do not.
Campaigners say those accused of rape should not be named until they are convicted, pointing to a series of "cry rape" cases in recent years.
In 2001, Neil and Christine Hamilton-were accused of rape by Nadine Milroy-Sloan, a trainee lecturer.
The couple were questioned, but officers found the allegations had no substance whatsoever.
Milroy-Sloan was convicted of perverting the course of justice in 2003 and jailed for three years.
In January this year, the daughter of a church minister who made false allegations of rape against four men was jailed for two years.
Abigail Gibson, 22, made the claims against a colleague, an ex-boyfriend, a stranger and even her father, Ian.
Source: Daily Mail Newspaper
A Kent-based firm Safe School Technologies is launching the first smart security systems designed specifically and solely to protect pupils and safeguard schoolteachers.
A 2006 Home Office report into school security [Home Office Safer Schools and Hospitals Project] found that many schools remain unsafe and at risk from intruders, and have inadequate procedures for reporting violent incidents.
Born out of the belief that schools’ security needs are not being fully addressed by generic security companies servicing everything from supermarkets to building sites, Safe School Technologies (SST) manufactures, installs and maintains a range of patented education-centric products designed to deter violent behaviour and protect students, teachers and visitors.
The products include: ‘SentryVision’, using CCTV technology it can be deployed to monitor hotspot areas and record and archive any incidents; ‘ImpartialView’, which not only sees but hears, so that a school will have a record of both sides of a story if an allegation is made; and ‘TeacherVista’, SST’s continuing professional development product which gives teachers the ability to record themselves teaching, to build up a teaching bank that can be accessed by trainee teachers and/or pupils unable to attend.
‘ImpartialView’ will be of particular interest to teachers who are concerned about false accusations being made against them. The Headspace National Survey, carried out for the Guardian and education consultancy Ed-Coms and published in September 2007, found that almost 60% of teachers had suffered false accusations in the past three years.
Hamish Chalmers, managing director of Safe School Technologies, says: “Unlike school meals, security does not have its own league table but - nevertheless - attacks, intruders, vandalism and other problems are all too common in our schools.
"Our new approach to security will provide practical defences that will particularly help protect staff, pupils and visitors during school hours from potential threats from local youths, disgruntled ex-pupils and parents, as well as from potentially damaging false allegations from within the school walls. It is our firm belief that if pupils and teachers in a school feel safe and secure, it is much easier for the school as a whole to flourish.” (more)
Teachers Car Firebombed
Posted by News Editor
Friday, September 21, 2007
Pupils had a lucky escape when an explosive device detonated in a teacher's car near a Liverpool school.
The blast happened outside Runnymede St Edward's in Sandfield Park, West Derby - an independent Roman Catholic school.
Witnesses said the device was a nail bomb, and police described it as an improvised firework-type device.
Supt Ian Pilling described the incident as a "despicable". He said children were leaving at the time and it was lucky no-one was killed or injured.
more
The following article by James McCarthy appeared in the Wales on Sunday newspaper on the 9th September 2007
A banned paediatrician whose evidence helped convict Sion Jenkins is being investigated by police for his part in an alleged child assault.
Professor David Southall, who lives in Staffordshire, gave evidence at the former deputy headmaster’s trial nine years ago in which he was found guilty of murdering 13-year-old foster daughter Billie-Jo in 1998.
Mr Jenkins, whose parents live in Aberystwyth, was acquitted of the crime in 2005 after spending six years in jail. He was retried twice but a jury failed to reach a verdict on both occasions.
South Wales Police say the incident involving Professor Southall relates to practices employed by staff at Cardiff’s Heath hospital in the early ‘90s.
A spokesman said: “South Wales Police are currently conducting an investigation into an allegation of assault involving a child being treated within the University Hospital Wales in the Heath, Cardiff, in 1991.
“South Wales Police have a duty to investigate any such allegations as they arise.
“The investigation is active and ongoing. It would be inappropriate to comment on the investigation or any related individuals.”
A Force insider said: “He is implicated in that he was involved in the treatment.” He added he was not the specific focus of the investigation.
Cardiff and Vale NHS Trust declined to comment.
Professor Southall was banned from child-protection work by the GMC in 2004 for his ‘high-handed intervention’ in the case of solicitor Sally Clark, who was jailed in 1999 for murdering her two baby sons. He accused Mrs Clark’s husband Stephen of killing the children after watching a Channel 4 Dispatches show about the case. Mrs Clark was freed on appeal in 2003 and died in March. In July his ban was extended for a year by a medical Fitness to Practice panel.
In their findings statement they said: “The current conditions imposed on your registration should remain in place for a further period of 12 months, to be reviewed before the expiry of those conditions.
“The panel has applied the principle of proportionality, weighing the public interest with your own interests. The panel has a duty to protect the public interest.
“This includes the protection of patients, the maintenance of public confidence in the medical profession, and the promotion of proper standards of conduct and behaviour.”
In July Mr Jenkins, who now lives in the south of England, lodged a complaint against Professor Southall and child psychiatrist Dr Arnon Bentovim for giving ‘false evidence’ at his first trial.
His solicitor Frances Swaine said: “I have been chasing them (the GMC). There has been a little exchange of correspondence where they have asked for more information, but there is no timetable set. They plan their own timetables and are not influenced by my getting annoyed by delays.
“It is not up to me whether they prosecute a doctor as the result of a complaint, they have to decide whether to bring a prosecution.
“I would hope to hear before the end of the year whether these prosecutions are going to be brought.
“Like me he (Sion Jenkins) is cross that everything is taking so long but he knew he would have to wait for it to go through its machination.”
Professor Southall is currently waiting for a separate GMC hearing to be resumed on November 5 this year.
That was adjourned in December last year and will examine allegations he kept secret medical files on children.
The high court in the Indian capital, Delhi, has ordered that a schoolteacher who was sacked after a fake television "sting" operation must be reinstated.
The teacher, Uma Khurana, was accused of forcing students into prostitution.
There were riots in the city and Ms Khurana was beaten up by parents after a local channel broadcast the report. She spent 10 days in prison.
A police investigation later revealed the sting had been faked and the teacher falsely accused.
The case follows a number of other so-called stings in which people allege they have been framed and has led to renewed calls for India's media to be regulated.
Secretly filmed
The undercover journalist, Prakash Singh, who made the report has been arrested.
Police have also questioned staff at the Live India news channel which broadcast the secretly-filmed tape on 30 August.
Hours after the broadcast, a mob attacked the school at which Ms Khurana worked, dragged her out and assaulted her.
Ms Khurana was taken into custody while the authorities ordered her suspension, solely on the basis of the "sting".
But police now say they have not been able to find any evidence against Ms Khurana. She was released on bail on Monday after spending 10 days in jail.
Announcing her bail, the judge said she had been "more of a victim than an offender".
Meanwhile, the high court has instructed police to take action against those who assaulted Ms Khurana.
'Stink operation'
Ms Khurana says she is considering filing for defamation against those who framed her.
"They disgraced me. I will first settle down with my children and then consult the lawyers to file a defamation case against them," she told the Hindustan Times newspaper.
The Live India "sting" has been described as a "stink operation" by some newspapers and has raised concerns about the credibility of such media operations.
Experts blame it on a highly competitive media environment where several 24-hour news channels are fighting for revenue and viewers' attention ....
Source: BBC
According to thre BBC an allegation of an attempted abduction of two children in Wakefield was made up by the youngsters, police have said.
Detectives launched an investigation after claims a man tried to bundle a seven-year-old boy and a girl aged nine into a car.
But police said the children had now admitted the allegations about the abduction attempt were false.
Det Supt Bill Shackleton said: "The children involved have been spoken to about their actions."
Source: BBC
Three Welsh sports stars have spoken of their “days of hell” after spending five days at the centre of a sexual assault claim.
The three members of Cardiff Devils ice hockey squad spoke out after being cleared of sexually assaulting a 19-year-old female after a night out in Cardiff last Sunday.
Jason Silverthorn, Alex Symonds and Matt Towe were alleged to have committed the assault after taking the girl back to an apartment in Cardiff Bay.
Matt Towe was cleared of the assault after being interviewed by South Wales Police and spending four hours behind bars.
The remainder of the trio were not cleared until Monday, after investigations cast doubt over the claims.
The players spoke of their fears of losing their careers and reputations following the allegations
Mr Silverthorn said, “It has been five days of hell. We did nothing wrong and we didn’t deserve any of this.”
Defender Alex Symonds, who is still in his first year as a professional player, said, “I’ve been working all my life to have the opportunity I have right now, and something like this could have ruined my life.”
All three of the players said they wanted to thank their families for supporting them through their ordeal.
In a statement issued by South Wales Police, Detective Inspector Paul Andrews said, “South Wales Police takes any allegation of sexual assault very seriously. We can confirm that we are no longer pursuing an allegation of sexual assault.”
Source: Western Mail
The following aricle appears in the Daily Mail
Teachers are facing soaring number of false allegations in schools, according to new research.
A Headspace survey of primary and secondary headteachers found almost 60 per cent said that either they or one of their teachers had received a false complaint over the past three years.
More than half the schools had experienced this between two and five times.
John Dunford, general secretary of the Association of School and College Leaders (ASCL) said the rise in cases showed a breakdown in the relationship between school and families.
"Parents generally used to side with the school," he told the Education Guardian.
"If a teacher told them their child was misbehaving, then they accepted it and backed it up.
"Now it's far more common for parents not to question what their child tells the."
'Lottery mentality'
The National Association of Head Teachers said allegations of child abuse from parents were spurred on by "no win, no fee" compensation lawyers.
Speaking at the union's conference in May, NAHT general secretary Mick Brookes said "a lottery mentality" prompted children and parents to try their luck.
"If it is thought that by using a no win, no fee solicitor some payout can be got from the local authority, parents at times don't hesitate to go there," he said.
The union has demanded a change in the law to allow accused teachers to remain anonymous until they have been found guilty by a court.
"We have clear evidence that lives are being damaged and careers ruined by a failure by the law to adequately protect people who are innocent of accusations levelled against them," Mr Brookes said.
...
The National Union of the Teaching Profession (NUTP) will sue parents who go to the media with false allegations, without checking their facts first.
The following article by Laura Clarke appears in the Daily Mail.
Teachers are facing a flood of false accusations from pupils, a survey has revealed.
Fifty-nine per cent of secondary heads said they or at least one of their teachers had been falsely accused of bullying, neglect or verbal or physical abuse within the past three years.
More than half said their school had been affected between two and five times.
The findings, from an ICM poll, renewed calls for accused teachers to be granted anonymity until claims against them are proved.
Heads' leaders said false allegations could wreck personal lives and careers.
There were also claims that a compensation culture exploited by "no-win no-fee" lawyers is contributing to the rise in malicious allegations.
The heads say parents are being encouraged to make claims in the hope of lottery-style payouts.
Mick Brookes, general secretary of the National Association of Head Teachers, said: "Sometimes people try to work the system.
"They know some local authorities prefer to offer an out-of-court settlement rather than go through a difficult disciplinary procedure, so they register a complaint to see if they can get some cash.
"A payout of a few thousand pounds can be a huge windfall to a family on a low income."
John Dunford, general secretary of the Association of School and College Leaders, said many parents today no longer accepted what teachers said, but tended to side with their children.
Source: Daily Mail
The following report recently appreared in the Ayrshire Press
Glasgow City Council, the organisation that operated the former Kerelaw Residential School and Secure Unit, has admitted that it passed staff members' names to the Scottish Executive “under the Protection of Children (Scotland) Act.”
Glasgow's actions, which essentially casts a shadow of suspicion over everyone who ever worked at Kerelaw, came to light after North Ayrshire Council offered positions to nine care workers who had previously been employed at the Stevenston facility, but then put the jobs on hold before any of the nine had actually started.
Weeks later, and despite no complaints ever having been made against them in their previous employment, individuals were then contacted by NAC and were informed that their job offers were being withdrawn. It is understood that all of the people involved had received satisfactory references and had successfully passed the Enhanced Disclosure system operated by Disclosure Scotland. However, they were subsequently advised that North Ayrshire Council's decision to withdraw the job offers was based on 'further information received from Glasgow City Council.'
Neither North Ayrshire Council nor Glasgow City Council has been prepared to indicate the nature of the information which led to the job offers being withdrawn.
Now, having resigned from full-time positions with other employers in order to take up the jobs offered by North Ayrshire Council - but then withdrawn - the experienced care workers find themselves unemployed, through no fault of their own, and without an explanation.
Speaking to the the3towns.com, one of the local care workers said, “I worked at Kerelaw for fourteen years, and during that time I was supported professionally, and provided with ample training to further my career. I am now confused and saddened that details are being written, or suggested about me, that tarnished my reputation, preventing me continuing with my career, and have made me unemployed.
“It appears that I may have been tarnished by some form of guilt by association, which stands to ruin my career, reputation, personal life, and health with the worry of it all.”
Meanwhile, the Kerelaw Support Group - established after allegations of abuse were made against former employees - continues to fight for justice for ex-staff members of the residential school and secure unit, and calls for a public enquiry into how the facility was administered and operated by Glasgow City Council.
The following article by John Grace appeared in the The Guardian today.
Almost 60% of secondary heads have suffered from false allegations by students in the past three years. Now their leaders are calling for safeguards.
Doing the right thing is sometimes no protection. Your teaching can be brilliant and your dealings with the students exemplary, but your whole career can be put on the line as a result of one malicious complaint. And that's precisely the situation in which an increasing number of teachers are finding themselves. The latest findings of the Headspace survey of primary and secondary headteachers, carried out by Education Guardian and EdComs, and administered by ICM, shows that the practice of making false allegations against members of school staff is now endemic in secondary schools.
Of the 825 headteachers who replied to the questionnaire, 59% of secondary heads said that either they or at least one of their teachers had been on the wrong end of a false complaint relating to bullying, neglect or verbal or physical abuse over the past three years. Nor were these always one-off isolated incidents; more than half the schools had experienced this between two and five times.
Complaints are always a tough call. Not so long ago many teachers regarded the classroom as their own personal fiefdom and felt secure enough to act however they felt and, unquestionably, some did overstep the limits of acceptable practice. So something did need to change to give parents and children more say, but now many are wondering if the balance hasn't swung too much in their favour.
The problem is that all complaints are treated the same - regardless of whether they have substance or not. In some ways that's as it should be - schools have a duty to take these things seriously and maintain transparency - but the process can be horrendous even for the innocent. Some teachers are suspended while the complaint is investigated, and even those who aren't usually become targets of whispering campaigns. Like it or not, mud sticks.
Why are so many teachers now becoming subject to these allegations? John Dunford, general secretary of the Association of School and College Leaders (ASCL) believes it is symptomatic of a breakdown in the relationship between school and families.
"Parents generally used to side with the school," he says. "If a teacher told them their child was misbehaving, then they accepted it and backed it up. Now it's far more common for parents not to question what their child tells them; so if they are told that a teacher has done something, they assume it's the truth and react accordingly."
Deliberate malice
This would suggest that many complaints are the result of poor communication - that parents don't necessarily set out to ruin a teacher's career, but rather set in chain a series of events they hadn't properly thought through.
Yet Mick Brookes, general secretary of the National Association of Head Teachers (NAHT), reckons that some allegations are deliberately malicious. "People understand just how seriously schools are obliged to investigate every complaint these days," he says, "and sometimes they try to work the system to their advantage. They know that some local authorities prefer to admit liability and offer an out-of-court settlement in compensation, rather than go through a difficult disciplinary procedure that might come down to one person's word against another, and so they register a complaint to see if they can get some cash. It's the lottery mentality, and a payout of a few thousand pounds can be a huge windfall to a family on a low income."
Brookes also argues that heads often find themselves worse off than other members of staff. "If a teacher faces what appears to be an unfounded allegation, then most heads will go out of their way to offer support and protection," he says. "Heads are much more vulnerable because governing bodies are usually reluctant to openly offer support; so heads are frequently left to fend for themselves.
"Two things are urgently needed to redress the situation. First, teachers need to be guaranteed anonymity until any allegation is proven; this wouldn't entirely stop unpleasant gossip but it would reduce it. More importantly, though, I'd like the school to have some kind of redress. At present anyone can make any complaint and there's no comeback if it's not upheld; if parents knew they would in some way be held to account then they might be more considered in their actions."
Both Dunford and Brookes would like to see the Department for Children, Schools and Families (DCSF) offer more hands-on guidance in this area, but, while recognising how sensitive these matters can be, the DCSF has no plans to strengthen existing policy.
"We do not believe there is a strong enough case to go beyond the clear principle [of striving for anonymity where possible] to put in place a legal right to anonymity for teachers until they are convicted," says a DCSF spokesman. "This would be a major step and incompatible with the transparent system of justice.
"A second issue is whether allegations should remain on a teacher's record, even if unproven, and should feature in references. Our guidance explains that allegations should be recorded, but that the outcome of the investigation should also be recorded and made clear in any reference. It is also makes clear that where an allegation is shown to have been deliberately invented or malicious, disciplinary and police action should be considered against those responsible." (contd)
Full article
Mike Nifong, the disgraced former Durham County district attorney, was held in criminal contempt of court Friday for lying to a judge when pursuing rape charges against three falsely accused Duke University lacrosse players.[This was a very high ptofile case in USA]
Superior Court Judge W. Osmond Smith III sentenced Nifong, who has already been stripped of his law license and has resigned from office, to a single day in jail. He had faced as many as 30 days in jail and a fine as high as $500.
"If what I impose with regard to Mr. Nifong would make things better or different for what's already happened, I don't know what it would be or how I could do it," Smith said.
When Nifong reports to jail at 9 a.m. next Friday, it will bring an end to the criminal case that began when a woman told police she was raped at a March 2006 party thrown by Duke's lacrosse team. The team was initially vilified as Nifong - in his first political campaign for district attorney - told voters he wouldn't allow Durham to become known for "a bunch of lacrosse players from Duke raping a black girl."
Nifong went on to win indictments against three players - Reade Seligmann, Collin Finnerty and Dave Evans. But as the case against them progressed, it became clear Nifong's evidence was pitifully weak.
A North Carolina State Bar disciplinary committee later concluded Nifong manipulated the case to boost his chances at the ballot box, and he continued to pursue it even when it became clear the defendants were innocent. State prosecutors would eventually drop charges against the three men and declare them innocent victims of Nifong's "tragic rush to accuse."
Nifong recused himself after the state bar charged him with ethics violations, and he was disbarred in June for more than two dozen violations of the state's rules of professional conduct.
Nifong showed no visible reaction when Smith handed down the sentence and left the courtroom with his wife, Cy Gurney. Defense attorney Jim Glover declined to comment after the hearing.
"It's not a happy day for us, but we're thrilled the system works, that justice has happened, and we're moving on," said Finnerty's father, Kevin.
Reading his contempt decision from the bench minutes after the conclusion of two days of testimony, Smith said Nifong "willfully made false statements" to the court in September when he insisted he had given defense attorneys all results from a critical DNA test.
In fact, Smith found, Nifong had provided the defense with a report on the DNA testing that he knew was incomplete. The omitted data contained test results showing that DNA of multiple men, none of whom were lacrosse players, was found on the accuser.
"Do I feel sorry for him? I feel sorry for his family," said defense attorney Joseph Cheshire, who represented Evans. "I think what he did was willful and intentional and damaged seriously this state and the lives of these boys and their families. I don't feel sorry for Mike Nifong. Sorry if that sounds cruel, but I don't."
Smith said his decision was aimed at "protecting and preserving the integrity of the court and its processes."
"It's about the candor, accuracy and truthfulness in representations to the court, particularly in important matters where the liberties and rights to a fair trial of those accused of crime may be jeopardized by the absence of such honesty by counsel," Smith said.
Taking the stand in his own defense, Nifong insisted Friday he didn't intentionally lie about whether he had turned over the DNA evidence. But he acknowledged the report he gave defense attorneys was incomplete.
"I now understand that some things that I thought were in the report were in fact not in the report," Nifong said. "So the statements were not factually true to the extent that I said all the information had been provided."
A defense attorney found the omitted data amid 2,000 pages of documents Nifong gave the defense months after the initial report. Nifong said that by the time he realized the data wasn't contained in that report, "it had been corrected. The defendants already had it."
"It was never my intention to mislead this or any other court," Nifong said. "I certainly apologize to the court at this time for anything I might have said that was not correct."
Earlier Friday, Brian Meehan, the director of a private lab who prepared the DNA testing report, said the omissions were a misunderstanding. He said Nifong asked him to test DNA samples from lacrosse players to see if any matched genetic material found on the woman who told police she was raped. Although male DNA was found, no sample matched a lacrosse player. Results from the other unidentified men was referenced as "non-probative" material in the report given to defense attorneys, Meehan said.
Charles Davis, the attorney appointed to prosecute the contempt charge, asked Meehan whether Nifong's statement to the court _ that the report encompassed everything he had discussed with Meehan _ was true or false.
"It would be false because we don't include discussions in our reports," Meehan answered.
On Thursday, Meehan said he was the one who decided how to prepare the report stating no lacrosse player had been linked to the accuser. When Glover asked Meehan if Nifong had asked him to leave anything out of the report, Meehan answered "no."
The Daily Telegraph has reported that Teachers accused of misconduct would retain their anonymity until the case was resolved under plans to be unveiled by the Conservatives next week.
The call comes amid fears that many long-serving teachers have found their reputations ruined and careers wrecked by unfounded accusations - often involving sex or violence - from pupils......
....... [A Party review] will call for new measures to protect teachers from frivolous accusations made by pupils. "More should be done to protect teachers against false allegations that do nothing but damage their professional reputation," it will say.
In the past 10 years, only 62 of 1,782 serious allegations against teachers have resulted in a conviction.
"We believe that teachers should not face public humiliation if allegations have been made against them by pupils.
"We recommend that teachers receive full anonymity until the case against them has been fully dealt with," the review will say. The proposal will be welcomed by teaching unions, although one source questioned how it would be achieved.
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