Faction Vol 02-11 Nov 2005

FACTION CAMPAIGN ON BEHALF OF FALSELY ACCUSED CARERS AND TEACHERS

VOL 2/11

November 2005

FALSELY ACCUSED CARERS AND TEACHERS INFORMATION OPINION AND NEWS

365 DAYS With all due respect, Charles, just how many days do you need to begin to clear the innocent?

GIVE US A ROYAL COMMISSION! Charles Clarke, Home Secretary, has been in post for nearly 365 days. Innocent men and women have been in gaol for every one of those days. This government has ignored even its own advisors and still resolutely refuses to deal properly with the outrageous miscarriages of justice.

and is incapable of carrying out the necessary reforms. Each crisis has simply resulted in more legislation to boost the CP system’s powers and resources and very rarely have the voices of consumers been heard.

Despite Parliamentary Debates, Select Committees, adverse media reports, disastrous events in Courts, Public Inquiries after the deaths of children under the care or supervision of Child Protection agencies (e.g. Victoria Climbie) etc, the present government is in complete denial or oblivious to the fact that the CP system is deeply flawed, erratic, and dysfunctional.

Despite the cruel injustices which happened to Sally Clark and Angela Cannings, the government have merely sought to introduce better training and accreditation for Expert Witnesses although the faults were not in their ability to present evidence, but that their evidence was seriously flawed and misleading. The consultation and changes envisaged by the Dept of Constitutional Affairs are merely a cost-cutting exercise which will even further reduce the capacity of parents and other falsely accused adults from receiving fair and just hearings and will merely fast-track the Care Proceedings in the same way that the Adoption Procedures have been fast-tracked.

Many thousands of children, their parents, and adults have all suffered serious injustices and continue to suffer because the CP system is incapable of learning from its mistakes

Of most concern are the `theories’ of child abuse which can be introduced with no scientific basis and no system of verification or validation by a National Validation body,

CHARLES PRAGNALL writes on the cruel injustice that still pervades this land.

FACTION / November 2005

even though the last 20 years have seen horrendous harm caused to children and families by such junk science as the Anal Dilatation Test (Cleveland), Repressed Memory Syndrome (widespread across the U.K. over many years), Satanic Ritual Abuse (Orkneys, Nottingham, Rochdale, and most recently in the Isle of Lewis), Shaken Baby Syndrome, Sudden Infant Death Syndrome, Fabricated and Induced Illness in Children, Brittle Bone Disease (in this case denial of its existence in infants), etc. The purges which have been carried out under the guise of investigating historical abuse of children (now adults) in residential schools and children‘s homes have similarly resulted in widespread injustices where normal tenets of law (e.g. presumptions of innocence, factual evidence, corroborative evidence, etc) have been cast aside and false accusers have been tempted by large sums of money offered by lawyers and the Criminal Injuries Compensation Board to past residents and pupils to make allegations of abuse from 20 and more years ago. Volume of evidence replacing the veracity of evidence.

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In Shieldfield Nursery, Newcastle, two young carers were pilloried for years and their lives and their careers ruined by false accusations of abusing over 60 children in a Day Nursery until they were finally exonerated by a Civil Court many years later and awarded a large compensation against their ‘professional’ accusers. There can be little doubt or argument that the Child Protection system is in absolute chaos and is causing immense harm every year to thousands of children, parents, and other caring adults - over 150,000 reports of child abuse are found to have “NO Substantive Basis” i.e. False Accusations, for mistaken, mischievous, malicious, or monetary reasons. Reports from parents with disabled children and their representative organisations provide compelling evidence that the governments policy of integrating disabled children into mainstream schools is resulting in Education Authorities denying disabled children a proper assessment of their educational needs and making appropriate provision and if the parents protest, the family are referred into the Child Protection system where they are stigmatised and persecuted by the CP system and its composite agencies. The governments target-setting for adoption numbers by local authorities has undoubtedly resulted in legalised abductions of children into local authority care and very quickly thereafter into adoption, with no pretence of attempts at preventative work with the family or rehabilitation and re-unification of the child with the family by social work agencies. In conclusion, I would suggest to you all that there needs to be a Royal Commission of Inquiry into the entire Child Protection system and the associated Courts and legal systems and a concerted effort by us all to bring this about. If such a Royal Commission were to take place, then precedence in giving evidence to the Commission should be given to children, parents, and adults who have suffered the injustices of the system rather than the agencies which provide these services and who have constantly monopolised previous Public Inquiries and protected, promoted, and expanded their own self-interests. I would suggest that there should be two forms of approach to obtaining such a Royal Commission : a) that each group/organisation organise a petition to demand such a Royal Commission; and b) that each group request its members, associates and supporters to lobby their Member of Parliament to support a call for such a Royal Commission. I would very much welcome your views, advice, and suggestions on this proposal, Charles Pragnell Expert Defence Witness - Child Protection and Child/Family Advocate 2

I feel that I must touch base with you and do my best to bring you update with the work of the APGAI. Of course the months from Easter were dominated by the General Election, the APGAI was one of the first groups to reconstitute in the new Parliament and our AGM was held on the 8th June. Our membership remains at 50 plus, giving the Executive a mandate to work on your behalf. The Executive confirmed that our main concern continues to be with the processes involved in abuse investigations and that our main objectives are as follows: Objective analysis of the investigation techniques used in abuse cases. The creation of an oral evidence gathering protocol, similar to that which exists for physical evidence. Prescribed rules for police officers on the mechanistic parts of the investigation. For example, it should be forbidden to mention compensation in interviews with complainants or witnesses. External scrutiny of the NSPCC’s, and other third parties’, procedures. The creation of new rules regarding advertising by private solicitors in prisons. Anonymity for the accused up to conviction. Imprisoned complainants or witnesses should be removed from the prison environment and taken to rape suites for interview, and be treated as sensitively as a complainant alleging rape, with appropriate support and aftercare. The video recording of all interviews between the investigating authorities and complainants and witnesses. The rules on disclosure to be tightened so that the defence team is not disadvantaged. We will begin work without delay in October and plans are underway for a Conference on the ‘Interviewing of witnesses and the management of evidence in sex abuse cases’. John Denham has been reappointed Chair of the Home Affairs Committee, I have not been reappointed but that should make no difference to our work. The Earl Howe and I had a meeting with John Denham at which the following items were discussed: The interaction between the CCRC and the Historical Abuse Appeal Panel Terms of reference of the CCRC. The Senior Officers Handbook on The Investigation of Historic Child Abuse and the lack of an oral evidence protocol. Since that meeting I have heard that the Home Affairs Committee may follow-up the former Committee’s inquiry into The Conduct of Investigations into Past Cases of Abuse in Children’s Homes. This is excellent news and as requested I have made some suggestions as to what areas of the Report the Committee should look at, I have also asked Mark Newby to put a paper together for the benefit of the Committee. Mark and I continue to work closely together and I value his support. For reasons beyond their control the last year has not been an easy one for the Historical Abuse Appeal Panel, a huge amount of work has flooded into them and they have had to cope with this in difficult circumstances. We should thank them for their perseverance. From all this you will see that many people, unknown to you, continue to work on your behalf and in addition I am hopeful that the autumn will bring new initiatives, particularly in the Care Home cases, with the possibility of ‘spin off’ for others. Kindest Regards Claire Curtis-Thomas MP FACTION / November 2005

child protection ‘industry’; every legal department; everyone who can make a difference: all have been identified, written to and their replies are being analysed. Again, this is work done behind the scenes and the results are proving interesting and will ultimately be extremely useful in determining the direction of the Campaign.

CH A I R M A N ’ S RE P O RT FACTION November 2005

The new National Committee has now completed two years in office ; two years in which the progress achieved by FACT since its birth in the autumn of 1999 has been strongly maintained and considerably broadened. The work of the Committee has been well documented in FACTION and I would like to take this opportunity to thank them all for their dedicated and ceaseless work on behalf of all our members. In particular I would like to single out two who are retiring this year : Kath Brizzalari and Gordon Rozario, our Treasurer. Kath has been spending many hours researching for HAAP and will continue to do so, thus continuing to benefit FACT. Most of her work is done behind the scenes and we thank her for her immense contribution. Gordon has been an excellent Treasurer and has put FACT’s finances on a firm basis for the future. We hope he will be able to work with the Committee in a different capacity. The others have covered an enormous amount of work, too. The Committee is very much like an iceberg – a great deal goes on below the surface – more than can possibly be imagined. David Sherwell’s role as FACTION editor can be readily appreciated but, like all successful publications, the work involved is complex and demanding. The responsibility for its distribution and for overall membership, undertaken by Joy and Ian Gower, help the organisation to run smoothly and remove a huge burden from the Secretary’s shoulders. Joy’s wonderful work with those in prison and their families, mostly unseen, is at the very heart of FACT’s mission. Gail Saunders’ excellent organisational abilities are behind the FACT conferences and AGM: another major support for the Secretary. George Williamson has breathed new life into the lobbying campaign. Every single agency involved in the FACTION / November 2005

Many will know of George’s work setting up regional initiatives, though we need 100% involvement from all the regions to make this effective. Although local groups may do excellent local work, they also need to be part of a National Campaign. As for our Secretary, Michael Barnes, he is the lynchpin. Go onto the FACT website – that’s his baby; ring up the help-line – he’s at the end of it; find yourself with any FACT related problem – Michael is there to solve it; the Committee Meetings are efficiently organised and the Minutes detailed and accurate. The fact that others on the Committee do so much enables Michael to spend a great deal of time dealing directly with FACT members. And he does all of this modestly, energetically, efficiently and, above all, courteously. His communication skills are first class and his expertise with modern technology keeps the Committee up to date with all that he does and, importantly, allows for constant ‘dialogue ‘ between meetings. I make no apology for describing the Committee’s work yet again. All organisations rely on those who have chosen to devote themselves selflessly to the common cause. FACT is no exception and we are indeed fortunate to have so many, including the area representatives, who can give FACT such a wide range of expertise and who are able to contribute in a mature, positive, supportive and reasoned manner which encourages goodwill and mutual respect. The year’s achievements will be highlighted elsewhere – the good times when excellent progress is made; the bad times when we seem to be slipping back. Fortunately, the good times were many – FACT contributed much to the UCAFAA Conference in November 2004 (Investigate the Investigators – Calling for Accountability) and attended the All Party Group for Abuse Investigations Conference in December (Abuse Investigations – Systemic Failure). Our own Spring Conference in May 2005 (False Allegations of Abuse – Righting the Wrongs) was well attended and successful. This was a year, too, when three prominent “experts” were called to account – Sir Roy Meadow, David Southall and Dr. San Lazaro; when our number one supporter, Claire CurtisThomas MP, closely questioned several Government Ministers and continued to highlight concerns with the processes involved in abuse investigations – where

Teachers TV, Private Eye and many other parts of the media are expressing similar concerns; when spectacular successes in the Appeal Court were tempered by acute disappointments; when the links with Ireland and Australia were further strengthened and when Richard Webster’s remarkable and expertly researched book, “The Secret of Bryn Estyn”, launched on 19 March at Portcullis House, gave hope to so many and cause for panic to Wrexham Council. There are several new and exciting initiatives on the horizon, various academic studies are underway and a research Trust Fund is being set up. FACT is alive and well. We are not complacent. We do not think we are infallible in all that we do and we acknowledge there is much still to be done. We welcome constructive, positive criticism from all members. The basis for sound criticism is goodwill and a wish to improve wherever and whenever possible. We still have a huge mountain to climb and this can only be done effectively if every single member in every single region combine in determination to achieve our ideals. Rory O’Brien (Chairman)

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Conferences 2006

Spring Conference May 20th Annual General Meeting & Autumn Conference September 16th Both conferences will be held at St Chad’s Cathedral, Birmingham. Speakers to be confirmed

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The Background to False Allegations – a personal view by GEORGE WILLIAMSON FACT Lobbying Co-ordinator

Child protection movement Those of us concerned about false allegations of child abuse require an understanding of the motivation of the theorists and activists in the child protection movement. It drives their campaigns against child abuse, vulnerable adult abuse and domestic violence; and is behind their politics of childrens, womens and vulnerable peoples’ rights. For some among them, it includes seeking to ‘get even’ with men for ‘centuries of patriarchy’, by describing them, past and present, as universally abusive heads of the family. Demands, rights and authority The child protection movement’s campaigns are promoted within the widespread dependency culture of counselling and compensation claims, eroding people’s sense of personal and social responsibility and society’s common bonds. The family setting, with nurturing and care at its historic heart, is portrayed as the most likely place to be abused, along with any institutions that also try to nurture and care. This is the background in which ever-increasing numbers of false allegations of abuse are occurring. Authority and responsibility have to be based on mutual respect, reciprocated trust and shared loyalties. The paranoid victim culture lacks respect for legitimate authority and adult duties and responsibilities. These have lost out to a new populism, interested only in absolutist individual and group rights, which damages the general interest. Society and the family are viewed as made up mainly of ‘victims’ and ‘survivors’ with few rights against the powerful and anyone in authority. Common-sense family order 4

and legitimate political power are both seen as obscenely abusive of ‘victims’ and detrimental to their rights. Consequently, many victims’ advocates feel they are justified in doing all they can to destroy that authority; and child abuse allegations, allied to compensation claims, is a powerful weapon to use. To temper the excesses of the cravings of the dependency way of life, and the insatiable demands of consumer pressure, politicians try to monitor and manage private life and behaviour. This interference increases the decline in mature citizenship and in what stability remains in the family and society. Such pervasive authoritarianism undermines personal loyalties among citizens and creates the sense of a war of all against all. No wonder collective action, seeking fair and indivisible justice, free of the invasive victim ethos, is so difficult to organise and achieve among these often atomised and self-obsessed individuals. The abuse protection theorists and activists exercise their own form of power and authority through counselling and emotional blackmail. They feel that the family, close relationships and society at large should be monitored by them, in their search for abusers whom they alone know exist. Far from being criticised for their delusional beliefs, they influence government policies and many receive state support and official funding. Their views are regularly promoted, with little questioning, by much of the media and so affect jury opinion in abuse trials. Their views are also to be found among abuse investigators and prosecutors as well as the judiciary. It is no wonder that false allegations of abuse are leading to injustices.

Faith and evidence Unreasoning faith, whether religious or secular, where subjective conviction becomes objective truth, is a threat to the rational side of human experience and material existence. Notwithstanding the extremes of religious fundamentalism and fanaticism, faith may be fine for balanced spiritual belief but not what is needed when evidence is imperative. Abuse allegations are virtually sacrosanct, bathed in an aura of sanctity like holy scripture, and beyond challenge and scepticism. Belief in their truth, like the shibboleths of any secular or religious faith, depends on sidestepping the lack of proof supporting them. The child protection movement’s beliefs inhabit this drift from reality. As with the many questionable doctrines of religious and secular causes, beliefs about abuse, impervious to reason and compelling evidence, lead to denying the clear facts to the contrary. Child protection activists believe that uncontrollable abuse is occurring. They accept the assertions of almost anyone claiming they were abused and grossly exaggerate the numbers of abused people as yet undiscovered. Lack of evidence, supporting their doctrines, is no deterrent to joining their ‘church’ and its political cause. ‘Casualties’ have to be found. Where many religious faiths see humanity as ‘fallen’, the child protection campaigners, like many secular political movements, have a mean-spirited view of human beings as ‘debased’. They see them as likely to exploit any position of ‘dominance’ in order to abuse vast numbers of children and vulnerable adults in family, institutional, work and care settings. Given the zealots’ warped piety, they, of course, exclude themselves from the abusing mania that they insist is all around them. George Williamson FACT Lobbying Co-ordinator

FACTION / November 2005

by the accusers but also by the tainting of evidence collected by the police using opaque methods of questioning and drafting witness statements themselves.

Is Europe a way forward? REASONS FOR APPLYING TO THE COUNCIL OF EUROPE TO REDRESS SYSTEMIC INJUSTICE I welcome the efforts of individuals in the UK who are trying to persuade the British Government to reconsider and accept the recommendations as set out in the Home Affairs Select Committee Report: ‘The Conduct of Investigations into Past Cases of Abuse in Children’s Homes’ 2001-02. The Report was at that time a ray of hope to all who suffered injustice, firstly by those who have made false allegations, and secondly, injustice caused by the State itself which assumes that the accuser(s) are always right and gives almost unfailing support to them based on that assumption. The willingness and practice of persons such as the police, the CPS lawyers, and the judiciary to ensure that the accused is brought to trial and convicted at any cost runs counter to the presumption of innocence which is a cornerstone of English law. It is also a principle enshrined in the European Convention on Human Rights. Article 6(2): ‘Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.’ There are exceptions in English law which accept the reversal of burden of proof which has been set out by statute: strict liability is one such example. (These, are, broadly speaking, cases where an offence has been committed and a party is presumed to be negligent for causing the incident/accident). Statutory offences with reverse of this burden of the burden of proof generally have a lower standard test of culpability known as the ‘balance of probabilities’ which means that the jury is directed to ask itself to assess the likelihood that the defendant is to blame for the offence. In such cases the starting point FACTION / November 2005

is the fact that a wrong has occurred (the actus reus) and the jury has to decide whether blame can be imputed to the defendant. Prima facie the defendant is blamed by the complainant until such time as the defendant can disprove that s/he caused the wrong e.g. the defendant argues that the complainant that the wrong was in fact caused by the complainant or was caused by another party or unforeseeable circumstance. The trigger of such cases is damage to persons and/or property and in most cases is a tangible, assessable damage. By contrast, allegations made by adults of sexual abuse by someone in their childhood are much more problematic. In these cases, there is no tangible offence, merely verbal allegation by an accuser. Any such allegation is taken by law enforcement and the legal system as being factual; otherwise there would be no basis for investigating and prosecuting the alleged offence. But on this premise the burden of proof has shifted onto the defendant to prove that the accuser is lying or mistaken. Juries are supposed to be told in such trials that they should only convict a defendant if they are sure that the defendant committed the offence (the ‘reasonable doubt’ test). But in practice they are applying the probability test (the likelihood of the accused to be culpable for an alleged offence). This test is borne out by the many guilty verdicts in multiple accuser cases which have issued from police trawling operations. The multiple allegations which are not eyewitness accounts corroborating the allegations of the primary accuser are combined into a single trial. The evidence which has been gathered by the investigating team is fraught with dangers not only because the evidence may be fabricated

Judicial decisions have permitted and endorsed the practice of admitting ‘similar fact evidence’, (which is in reality, mere allegation, not fact) which enables the prosecution to combine all allegations of sexual offence whether similar or dissimilar onto the charge sheet. In the past judges had to assess whether similar fact evidence was admissible or inadmissible and would have made the latter decision if the information was likely to be prejudicial to the defence rather than probative in evaluating a relevant issue of the case. The reality is that juries will generally be swayed by the similar fact evidence as proof that the offences occurred. The balance of probabilities test supplants the one of reasonable doubt: they will be persuaded by the numbers of accusers and take the view that the greater the number of accusers and allegations, the more likely it is that the offences occurred. What the Court is not told is how the multiple allegations were generated. The Court assumes that the police have been honest and have properly conducted their investigations. It would be a brave, brazen, (efficient!) defending lawyer who cross-examines the investigating officer as to the exact details of how their team extracted their information from interviewees. There will be no recording of the interviewees by video or tape to see how the complainants were approached and what questions or inducements they had been given. Under the present described circumstances it is apparent that the similar fact evidence is unsafe to be presented to the jury in allegations of historic allegations of sexual abuse. You may be asking yourself how these issues square with human rights principles. The UK signed the European Convention on Human Rights and instituted the Human Rights Act 1998. As UK citizens we may have redress to the institutions which honour the original Articles of the European Convention. The Human Rights Act was designed to give direct effect to decisions in cases which complaints raised human rights issues. My own experience of the courts, particularly the appeal courts in the UK is that they refuse to accept the significance of their obligations to remedy human rights violations unless they are compelled to do so. The Human Rights Act is not an optional extra which the courts may apply at their discretion: the UK courts should be, but are failing to make decisions which do not run counter to the tenets of the human rights Convention and the Act. It is submitted that the current practices employed by the state for bringing to trial historic allegations of child abuse are so unsafe and flawed that until and unless safeguards such as those as the Home Affairs 5

Report (ibid above) are implemented the accused cannot receive a fair trial in the UK. This breaches the Convention Article 6(1): ‘anyone accused of a criminal trial is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law’. The tribunal is ‘unfair’ because in allegations of child abuse there is the presumption that the allegations are true and therefore the accused is burdened with the presumption of guilt, which is amplified in multiple allegation cases. The evidence presented to the court in an historic allegation case may well be stale because of the gap of years, if not decades when an allegation may be made. The evidence may well be tainted by the police interviewing technique. Can it be said that it is ‘a fair hearing’ to present this type of evidence to a jury? How can the UK tribunal be ‘impartial’ if it presumes from the outset that the accused is guilty?

not be entertained by any signatory member state which has undertaken to ensure that its laws are compatible with the Human Rights Convention. The more serious the allegation and the more severe the punishment, then greater is the requirement to ensure that the state institutions honour the presumption of innocence of the accused; that legal safeguards are in place which screen the quality of the evidence gathered; that the evidence is real as opposed to generated and fabricated by the processes of investigation. How do we persuade the UK Government to accept the findings of the Home Affairs Report and act upon them? It is possible to do so with the assistance of the European Commission and the European Court of Human Rights. I would ask interested readers to write to the European Commissioner Mr Alvaro Gil-Robles at: The Council of Europe, Avenue de l’Europe, 67075 Strasbourg, Cedex, France, or email CommissionerHR.C [email protected].

The issue of ‘reasonable time’ may be pertinent here as well: some lawyers may argue that this means that a person charged with an offence should be put on trial promptly. But might it also be construed as meaning that persons should make their allegations within a reasonable time of the alleged offence? If so, then this would validate the argument for a statute of limitations for prosecuting such allegations. Can it be successfully argued that the UK has been systemically prosecuting and incarcerating individuals accused of sexual abuse using methods and rules and caselaw which circumvent the usual procedures for criminal cases? Case-law from the European Court of Human Rights suggests that, for example, presumptions of fact or of law operates in every legal system and that the Convention does not prohibit such presumptions in principle. The Court does not wish to be seen to be meddling in domestic court affairs.

Mr Gil-Robles is the current Commissioner for the Council of Europe. He explains his role on the Council of Europe website: The Office of the Commissioner for Human Rights was established in 1999 as an independent institution within the Council of Europe. In accordance with his mandate, and without excluding the possibility of complementary actions, the Commissioner focuses his activity on four main areas. These are the promotion of the education in and awareness of human rights, the encouragement for the establishment of national human rights structures where they do not exist and facilitate their activities where they do exist, the identification of short-comings in the law and practice with regards to human rights and, lastly, the promotion of their effective respect and full enjoyment in all the member States of the Council of Europe.

‘It does, however, require the States to remain within certain limits which take into account the importance of what is at stake and maintain the rights of the defence.’ (p.126 Criminal Justice and the Human Rights Act 1998 , Professor Steve Uglow (2001 edition). The Court has hitherto been wary of encroaching upon the sovereignty of states in the individual state’s lawmaking, but this may now well have changed given the ruling from the European Court of Justice to the European Commission which ‘… gives the Commission an unprecedented role in the administration of criminal justice’. (The Times, September 14th 2005). In essence, the complete lack of safeguards in police investigations, the combining of multiple allegations issuing therefrom under the practice of corroboration by volume and the subversion of the rules of evidence in respect of historic allegations of sexual abuse flies in the face of justice and should 6

The Commissioner therefore has the remit to look at systemic state-sanctioned human rights abuse; this should therefore include the defects in the UK law enforcement and legal system which have given rise to numerous wrongful imprisonments. The Commissioner is empowered to look at allegations of human rights abuse and can write an Opinion which the offending member-state is obligated to consider and implement. Interested parties should set out in detail which part of the Convention has been violated how the state has caused the wrongful conviction and be prepared to supply documentary evidence if requested. They may also set out how they think the Commission could remedy the injustice, either with reference to the guidelines proposed by the Home Affairs Report above or with suggestions of their own. It may be better to write in some depth to him about the particular and general injustice, rather than complain in a standardised petition.

For those who have exhausted all domestic remedies by appealing against wrongful conviction in the UK Court of Appeal, there is the possibility of taking their case to the European Court of Human Rights in Strasbourg. The Applicant or his/her representative will need to show that a Convention Article(s) has/have been breached and they must quote the relevant section and/or subsection under which they are complaining. You will find the full text of the European Convention on the European Court of Human Rights website which you may read and download for free: the website is: www.echr.coe.int. Prospective applicants to the ECHR must do so within six months of the last appeal decision the UK or else they will lose this opportunity. The earlier the case is filed, the better. The Court’s address is: The Registrar, European Court of Human Rights, Council of Europe F-67075 Cedex France. Make sure that you can support your statements with documentary evidence wherever possible and obtain copies of all appeal decisions in the UK. The Application form and guidelines are freely available on the ECHR website. Note 9 of the Guidelines states that it is not necessary to have tried to have the case reopened after going through normal appeal procedures in the courts, nor do you have to use post-appeal non-contentious remedies such as petitioning, or writing to commissioners, MPs, heads of state etc before you can apply to the ECHR. You may ask whether it costs to use the ECHR. It is possible for the ECHR to grant legal aid to engage a representative if it decides to proceed to a full hearing, but the initial Application is made by yourself or your representative and the Court usually decides the case on the basis of the documentary evidence you have submitted to it. You can make the Application yourself, but be sure that what you submit is within the remit of the Court and that you are certain about which part of the Convention has been breached. There is nothing to prevent aggrieved individuals from writing to the Commissioner as well as making an Application to the ECHR. However if you are at the beginning of the appeal stage in the UK then the only present option for redress would be with the Commissioner. I have made best endeavours to provide accurate and helpful information. The information I have discerned may change at any time and I cannot accept responsibility for giving legal advice. Please check websites for any changes and updates. I wish you the best of luck with your letter-writing/ Application. Collectively we might be able to change the system and redress the balance. Ingrid, wife of Peter Ward FACTION / November 2005

MR PHIL FIDDLER As many of you know the FACT national committee were asked to consider a resolution at a meeting held on the 9th November 2005 that, in our view Phil Fiddler’s failure:1.to give an undertaking as requested by the Chairman of FACT not to commission an advert for FACT in the north West Press 2. Refusal to support the work of the committee 3. Repeated and persistent denigration of the Committee and the work they do, and his general conduct towards new initiatives are incompatible with the responsibilities of membership and the holding of office, and are prejudicial to the interests of FACT and to its future. We therefore call upon the national Committee to exercise its powers and to exclude from membership forthwith. Phil was asked to attend the national committee meeting and to make representations as to why he should not be expelled from membership. After taking into account his views the national committee decided that he should be expelled from membership of FACT. In accordance with the terms of FACT’s constitution Mr Fiddler appealed against this decision to an independent panel consisting of Roy Everett, Dr. Christopher Reeves and Ivan Geffen (Chair). Written material in support of and opposing Mr. Fiddler’s expulsion was distributed to the panel, whose members met privately on the afternoon of Tuesday September 20th. They heard evidence and submissions from FACT (Michael Barnes and Rory O’Brien) and Phil Fiddler (supported by Mick O’Gorman, a member of the North West Committee) on the 21st September. The Panel met again privately on the evening of September 21st and the morning of September 22nd. On 25th of September the panel announced their decision. 1. The appeal is allowed and Mr. Fiddler’s membership of FACT reinstated subject to the condition set out in paragraph 4 below. 2. There needs to be positive consequences of this episode. FACT, and its members, are entitled to expect its leaders to work co-operatively to achieve its objectives. Specific measures are required, to ensure that the North West Committee members are fully aware of policy differences between them and the National Committee. FACTION / November 2005

While Phil Fiddler is an Officer or Committee member of FACT North West, he must demonstrate respect for the National Committee and its members and willingness to work with them. 3. In the immediate future, the North West Committee must work with the National Committee and Officers to produce a memorandum of understanding, designed to achieve good working relationships in the interest of FACT and all its members. 4. Although we are reinstating Mr. Fiddler’s membership of FACT, we regard one term or condition as necessary, namely that until the two preceding paragraphs have been implemented, he should remain suspended from holding office either in FACT or in any of its Branches. 5. We urge all members of both Committees to ensure that specific and extraordinary measures are put in place rapidly, to improve communication and to open dialogue in the future.

The Blair View In his speech at the Labour Party Conference and repeated in his interviews with the media (29th September 2005) Tony Blair said “We must not go over the line and destroy our way of life. The primary duty of any justice system is to protect the innocent from being convicted ... if you apply common sense people will know what you mean”. Can we ask what steps Tony Blair will take to:-

The decision is binding on both parties. The practical effect of this decision is that Mr Fiddler’s membership has been restored but that he is suspended from holding office locally or nationally until two specific measures are taken.

1

Apply common sense to the question of historical abuse

2

Protect the innocent from being wrongly convicted

Firstly the North West committee are made fully aware of any policy differences between them and the national committee. The second measure requires the FACT North West Committee work with the national Committee to produce a memorandum of understanding aimed at producing good working relations, in the interests of FACT and it members. It is also incumbent on Mr Fiddler to demonstrate respect for the national committee and its members.

I would add that Tony Blair also referred to elderly people being frightened and to suspected terrorists fearing the midnight knock on the door. He needs to be told that hundreds of elderly people – not terrorists but carers and teachers – good people, have suffered the ‘midnight knock’ on the door by the police - and that this fear will continue for the rest of their lives.

The national committee are committed to completing the remaining tasks as quickly as possible and have every confidence that the matter will be resolved to the satisfaction of both parties. It hoped that the memorandum of understanding will be achieved by the end of November. The subsequent decision of FACT North West region to call an Emergency General Meeting in order to elect a new regional committee has unfortunately delayed matters. The FACT national Committee wish to record their thanks to the independent panel for assisting in this matter.

We are grateful to Ron for submitting this comment

Thank You This issue of FACTion is sponsored by

Doreen & Barry Strettle If you would like to sponsor an issue please contact the Secretary

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S.I.N. (Stop Injustice Now)

We are a group of innocent men in prison who have been found guilty of sexual offences which we did not commit and wish to draw attention to the injustices we have suffered. “Know the truth and the truth will set you free.” We believe that if the truth was known, many innocent men would indeed be free. Our convictions were based on written and verbal lies and not on a shred of forensic evidence. The words, “Beyond reasonable doubt” have become meaningless in cases of a sexual nature where the onus is now placed on the accused to prove his innocence of a crime that never took place. Surely in the name of justice, circumstantial evidence alone should never be enough to convict anyone. We are being trampled over, and used as political pawns to appease the “witch-hunters” of modern society. The lure of compensation has become an added incentive to encourage claimants to deprive innocent men of their freedom and the odds seem stacked against the “Accused”. We are left wondering how many other countries “pay” the supposed “Victims” of such crimes, when they themselves are committing the crime of false allegations and perjury. The gross seriousness of this situation should and must not be underestimated, yet the protests of the innocent go ignored. But we won’t go away and we won’t remain silent. Mr. Blair wake up to the fact that innocent citizens are behind bars in your country. The courts and the elected government have both a legal and moral duty to protect our rights and our liberty. The balance must be restored or inevitably more innocent men will find themselves incarcerated behind bars. Section 32 of the Criminal Justice and Public Order Act 1994 has removed the need for corroborative evidence. Why? Is its purpose to gain even more and easier convictions? The harsh reality is that the legal system has been duped by lying and deceitful people and the innocent have paid the price. Current laws relating to sexual offences are flawed to the extent that they ruin innocent lives, splitting up families, depriving wives of their husbands, children of their fathers and causing untold emotional and mental trauma. Some men have been given “Life Tariffs” on the strength of one person’s word against another with no forensic 8

evidence whatsoever to back up the prosecution. The privileged servants of the people, the dispensers of so-called “Justice” are being forced to abuse their powers and appear to be totally unmoved by the human suffering they are helping to inflict on other people through evidence based on lies. We, the innocent, demand change and we demand it now! We call for a fair and honest legal system with the age-old assumption that a person is innocent until proven beyond all reasonable doubt to the contrary. We, the innocent men in prison

are proof that the present prejudicial system of justice is not working. Please stop that injustice now. “If I deny, I am condemned already, In courts where ghosts appear as witnesses, And swear men’s lives away. If I confess, Then I confess a lie, to buy a life Which is not life, but only death in life. I will not bear false witness against any, Not even myself. Whom I count least” (William Wadsworth Longfellow)

V.I.P. (Victims In Prison)

MR COMMON SENSE Today we mourn the passing of a beloved old friend, Mr. Common Sense. Mr. Sense had been with us for many years. No one knows for sure how old he was since his birth records were long ago lost in bureaucratic red tape. He will be remembered as having cultivated such valuable lessons as knowing when to come in out of the rain, why the early bird gets the worm and that life isn’t always fair. Common Sense lived by simple, sound financial policies (don’t spend more than you earn) and reliable parenting strategies (adults, not kids, are in charge). His health began to rapidly deteriorate when well intentioned but overbearing regulations were set in place. Reports of a six-year-old boy charged with sexual harassment for kissing a classmate; teens suspended from school for using mouthwash after lunch; and a teacher fired for reprimanding an unruly student, only worsened his condition. Mr. Sense declined even further when schools were required to get parental consent to administer aspirin to a student; but could not inform the parents when a student became pregnant and wanted to have an abortion. Finally, Common Sense lost the will to live as the Ten Commandments became contraband; churches became businesses; and criminals received better treatment than their victims. Common Sense finally gave up the ghost after a woman failed to realise that a steaming cup of coffee was hot, she spilled a bit in her lap, and was awarded a huge settlement. Common Sense was preceded in death by his parents, Truth and Trust, his wife, Discretion; his daughter, Responsibility; and his son, Reason. He is survived by two stepbrothers; My Rights and Ima Whiner. Not many attended his funeral because so few realised he was gone. If you still remember him, pass this on; if not, join the majority and do nothing.

FACTION / November 2005

AGM and WINTER CONFERENCE The FACT AGM and Winter conference took place in Birmingham on 1st October. Rory O‘Brien began by opening the AGM at which over 80 people attended. In his report he highlighted the work of the national committee. In particular he paid tribute to the work of Kath Brizzalari and Gordon Rozario both whom had announced their retirement from the national Committee due to ‘work’ commitments. On behalf of all FACT members and supporters Rory presented both with a token of our appreciation of their work they have done for FACT. Rory referred to the work of the national committee as being like an iceberg with much of the work being unseen. He also paid to tribute to work undertaken by other committee members and referred to several new and exciting FACT led initiatives on the horizon, including various academic studies, and the founding of a research Trust Fund. Rory also paid tribute to all those people who belong to FACT and who support its work. This was also the theme in the secretary‘s address to the meeting. Michael provided an outline of the pleasing things and some of the not so pleasing things which had occurred during the year. He highlighted the contribution made by those members FACTION / November 2005

and supporters who give their time and resources to make FACT work - especially those who had contribute financially, whether it be by making a donation, sponsoring FACTion, or sponsoring the distribution of Richard Webster‘s book to those in prison - who wish to have it. Michael also drew attention to the changing face of FACT - which made it vulnerable to criticisms that it was not doing enough, was failing to maintain standards, and was not communicating effectively. He suggested that one of the reasons why some people felt this way was because they had not realised that much of what is achieved is at individual, personal level. Years ago when FACT was primarily a lobbying group one could be far more open about what was actually being done. Then the work was much more visible. Now that the work of FACT is more person centred and individually based it is much more difficult to inform the general membership what we do without intruding into peoples own lives and experience. This is particularly true of the work of the help line. The facts however clearly showed that FACT was busier than ever and was making steady progress. Michael also announced that the FACT web site had received a completely new make over.

Gordon Rozario also presented his financial report and thanked every one for their support during his two years in office. He that thanks largely to the generosity of its members FACT had now achieved financial stability and can look forward positively to the future. Gordon stated that whilst he was sad to be leaving as treasurer business pressures made this necessary, however he hoped to remain involved with FACT for some years to come. The following were elected to office, Rory O‘Brien Chairman, Ian Argyle, Treasurer (new appointment), Gail Saunders ordinary committee member (Gail was previously South Wales Rep) The AGM was followed by the Winter conference. The main talks was given by John Greer, a solicitor from Northern Ireland, who gave an account of his experience in defending George Anderson, in what was described as Northern Ireland’s worst case of alleged child abuse. This case which was featured in November 2005 edition of FACTion and also involved Margaret Hewitt. Both George and Margaret had their appeal upheld and convictions squashed. John who was very critical both of the police investigation and prosecutions handling of this case was able to demonstrate that some of the witnesses had lied at the previous trials, and that some of the evidence given by the police and child care professionals was to say the least questionable. John also paid tribute to the support given to Margaret and to George by their families, many of whom were present in the audience, and by FACT. In a moving response both George and Margaret paid tribute to the work of FACT and to the support they had received from FACT members whilst in prison. Both were very pleased to be able to meet some of those who had written to them and sent them cards. The conference also heard a very up beat 9

Mark concluded his talk with a rallying cry for all those who share our aims and objectives. Much work is, and has been done, but it is only by working together that we can achieve more. The conference finished with a delightful and informative presentation by Phil and Fly Faber from S.A.F.A.R.I. (Supporting All Falsely Accused People with Reference Information) Commenting on the conference which well over 200 people attended Rory O‘Brien thanked all those who had taken or had helped in organising the event. The conference had, he said, been a great success and had shown how, by working together successful outcomes could be achieved. Addendum. At its first committee meeting held on the 5th November the following were also co-opted to the National Committee. Gordon Rozario, George Jensen, and George Williamson. The following were also appointed regional reps. Gwen Hurst (North Wales), Guy Perry (West Midlands), and Gail Stack (North West).

10

CARDIFF LAW STUDENTS TO INVESTIGATE CONVICTIONS Some have idealised views says Lecturer Law students in Cardiff are to take a handson approach to learning their trade by investigating possible miscarriages of justice. Cardiff Law School has joined nine other universities in an Innocence Project, the first of its kind outside of the USA, Canada and Australia. Under the project, the students will reinvestigate cases where doubts have been expressed over someone’s conviction. They will spend time interviewing prisoners, re-examine evidence and talking to witnesses. The move has been welcomed by Michael O’Brien, who was one of three men wrongly jailed for 11 years for the murder of Cardiff newsagent Phillip Saunders in 1987. ‘This is a very important project, those who have been the victims of miscarriages of justice can often give up hope, I know I did at times,’ said Mr O’Brien, who recently addressed law students in Cardiff.

November 21st Barrie Alden CR9151 Wing E1 - 03 HMP Norwich Knox Road Norwich NR1 4LU November 26th Peter Ward EM7229 HMP Albany Newport Isle of Wight PO30 5RS December 2nd Bernard Littlewood EF9413 HMP Wakefield Love Lane Wakefield W Yorkshire WF2 9AG December 18th Steve Crosby KX8990 I Wing HMP Wymott Ulnes Walton Lane Leyland Preston PR26 8LW

B I R T H D AY S

message from Mark Barlow (deputising for Mark Newby who had injured his leg the day before and was awaiting surgery). In keeping with the theme of the conference Mark referred to three HAAP project which had been going on behind the scenes. The first of these involved HAAP, in partnership with FACT, establishing a Cambridge University, independently led, research project in various aspects relating to historic child abuse. The second involved a lot of background work with Clare Curtis-Thomas, and others aimed at encouraging the Home Affairs Select Committee to re-examine aspects of its report on the conduct of investigations into alleged child abuse in care homes. This often delicate and time consuming work was beginning to pay off and it was very much hoped that the Home Affairs Select Committee would re-open its file on these matters. The third initiative was establish a trust fund for continuing research. The need for the fund had already been demonstrated and both HAAP and FACT were committed to its success.

December 29th Paul Melville KX9507 B1-03 HMP Wymott Ulnes Walton Lane Leyland Preston PR26 8LW

‘Often lawyers and solicitors cannot get legal aid to continuing looking at these cases, so students can be the only people prepared to keep sifting through the evidence.’

January 4th Ian Brooke FG5450 HMP Wymott B1-16 Ulnes Walton Lane Leyland Preston PR26 8LW

A similar scheme at Bristol University has already had contact with Barry George, the man convicted of killing the television presenter Jill Dando, and the family of Michael Stone, who has twice been convicted of murdering Lin and Megan Russell.

January 5th Anver Sheikh PE4511 HMP Hull Hedon Road Hull HU9 5LS PR26 8LW

As well as major cases, students in Cardiff will also be offering the public free legal advice. Some criminal lawyers and solicitors across South Wales are to work with the students. ‘Cardiff is one of Britain’s biggest law schools and our students are very excited about this,’ said solicitor and lecturer at Cardiff, Julie Price. ‘Many come into law with a very idealised view of the system. ‘Looking at possible miscarriages of justice cases is a real eye-opener for them. ‘For example, when Mr O’Brien spoke of his experiences, many students were reduced to tears.’

FACTION / November 2005

WESTERN ISLES

Falsely accused remain demoralised By Daryl Dobson I am the uncle of the three girls at the centre of this case and the brother of their mother. For legal reasons I am not writing under my real name. My concerns for my nieces’ well-being led me to offer help as a worried family member knowing that my sister and her husband were very neglectful. I have no reservations in stating that her family undoubtedly needed help from social services and brought to the attention of the child protection agencies. My sister had a history of making false allegations of abuse before coming to the islands, where she continued to make them. When the recent Social Work Investigating Agency (SWIA) Report concluded that the children were definitely sexually abused, I and the others falsely accused were extremely depressed knowing that the message going out, in order that the authorities could be let off the hook, was that we had got away with it. The inference was that the guilty had escaped because the authorities had made mistakes – not that the we were innocent and the investigators had displayed unbelievable gullibility and credulousness As a close family member I have no hesitation in saying that the children suffered from very serious neglect regarding their basic welfare and their mother and father had inadequate parenting

skills. However, in all sincerity I do not think they were sexually abused, despite the findings of the SWIA Report. My wife and I had extensive knowledge of their situation, as we looked after them for a considerable time, trying to show them that there was a better way of upbringing than they received from their parents. The sad fact is that the problems of a seriously dysfunctional family, which we tried to help keep together, spread out to embrace a number of perfectly innocent people. They were caught up in the zealous methods of the investigation agencies influenced by the corrupting, and often insane, beliefs of those who influence; educate and train them. In our case it was the mad ideas about organised, satanic paedophile rings, hidden in God-fearing society, practising ritual abuse on children. In echoes of the much earlier Orkney’s case, where they played up a mysterious minister with his sinister cloak and stick, we had investigators and social workers fixated on Pagans, cape and mask wearing Mormons who slaughter cats, other animal sacrifices and human killing, and confusing Paganism with Satanism. Throughout our ordeal, I thought we were going to be caught up in that injustice within the British judicial system, which I believe is much greater in numbers than those wrongly jailed for murder, armed robbery and IRA bombing, namely wrongful conviction of child sexual abuse. To conclude, the following transcript from the interview of one of the falsely accused exposes the lunacy in the investigating police officer’s mind. This, and the other aberrations in the case should have been at the heart of the SWIA Report, exposing the recklessness of the investigators and the childrens’ charities workers in the background. Significantly, they were not. The transcript is ample proof of the evidence, that we were caught up in the bizarre thinking on satanic paedophile rings of those determined to jail us, no doubt convinced by the lurid tales they had encouraged my vulnerable nieces and unbalanced sister to tell. Police Officer. Do know anyone else who, or have you heard of anyone else who, practices the occult?

FACTION / November 2005

IC. No. I don’t know of anyone who practices that kind of religion. PO. Have you any knowledge of the use of statues in practising the occult? What about the ritualistic killing of animals? Ritualistic dress, as in gowns, that type of thing? Do you have any books about witchcraft? IC. Umm, Wicca witches and things like that? Yes in the kitchen? PO. Wicca witches? What’s that? IC. Well paganism, you don’t know about paganism? PO. I don’t. IC. It is not against the law. Paganism is basically about people who believe in mother earth. It’s not witchcraft as in, you know, flaming voodoo sort of things. PO. I have information that you were involved in devil-worshipping ceremonies. Have you ever been into devil worship? IC Not at all. PO. The information we have is that it has taken place and that you did use it to dress up in a long white gown and wore masks, as did your wife, and that you carried out some sort of ceremony during which there was dancing, and that your children were dressed up in a similar manner to yourselves and there was music being played, described as Indian music. And also that during this, some form of chanting and praying took place. Further to that, there was information given to us that whilst this was being conducted, it was being videoed on a camcorder. Have you been in a position of seeing any videos which would depict serious sexual abuse? People being killed, and I’m not talking acting here? Have you ever drank the blood of a chicken? Have you ever witnessed anybody else doing that? Ever drink the blood of any other animal? The interview ends with a howl of anguish from IC as he is charged with rape.

UH?

“Instead of wasting hundreds of millions of pounds on compulsory ID cards as the Tory Right demand, let that money provide thousands more police officers on the beat in our local communities” Tony Blair (1995)

11

News from Dovegates Encouragement comes from a variety of sources but none so unusual as that from Liz Beattie, the retired primary schoolteacher, who was planning to put her recommendations before conference. Liz Beattie believes passionately that failure should not figure in a child’s vocabulary. It should be replaced by deferred success. Keith was so delighted by the news that he could hardly contain his enthusiasm to share his joy with me. Of course his Appeal had not failed it was simple a matter of deferred success. What concerns both of us is that Liz Beattie, in her proposition, does not indicate how long we will have to wait for this deferred success to be manifest. As I surveyed the scene in this place from the vantage point outside my penthouse flat, I shared with a ‘fellow traveller’ my opinion that I was not in a prison but a madhouse. He confirmed that this was indeed the case, supporting the view of an officer at Wakefield who opined that 60% of prisoners have mental problems that are not being properly addressed. It occurred to me that the Communists frequently imprisoned innocent people in mental institutions by way of punishment. Is it possible that our Judiciary, subverted by Government, is resorting to such tactics? It often feels like it! If you have not read it can I recommend to you a book by Noel Fellowes called ‘Killing Time’? (Lion Publishing Co.) Although in Noel’s case there was a crime and indeed a dead body, he was clearly set up by the Lancashire Police in 1970 for something for which he was entirely innocent. Bad policing, coupled with a dogged refusal to keep an open mind ensured that another innocent man suffered fourteen years of hell. Although in our cases no crimes have ever been established, the similarity is frightening. The Autumn looks as though it will provide some interesting developments and hopefully the long awaited breakthrough will appear. To all of you who have worked so hard on our behalf we extend grateful thanks. Ron Hall & Keith Laverack

12

Information and Advice for Those Making Application for Parole At the Autumn conference held on October 1st in Birmingham in conversation with several people, it became obvious that a considerable number of persons in prison would making application for parole in the forthcoming months. Several people told me that there was no hurry because their husbands/ fathers/boyfriends were not due to be considered for parole for many months yet. Let me assure you that you cannot start getting information to support your application too soon. The actual process as set out in the guidelines takes twenty six weeks but you should, in your own interests commence long before that time arrives. With the agreement and support of the conference I am able to offer a considerable degree of advice and assistance to men or women who are likely to be considered in the forthcoming twelve months. I would also be grateful for any information and details of applications and problems encountered by those people who have made application, regardless of whether or not they were successful. You may simply duplicate material I already possess, but you may also give me a vital lead into a particular problem which could be avoided. The address to write to: George A Jensen. 443 Abergele Road. Old Colwyn. North Wales. LL29 9PR Tel: 01492 517967 E-Mail: [email protected]

Entirely unreliable ‘evidence’ George Anderson and Margaret Hewitt finally heard that they would not face any re-trial for historical allegations of abuse said to have occurred when they were carers at the Macedon Home in Northern Ireland. George originally faced 34 charges and Margaret 99 charges and were sentenced to a total of 29 years in what has been described as Northern Ireland’s biggest sex abuse case. In giving their decision the Northern Ireland Appeal Court were highly critical of the prosecution case and considered the evidence in the case entirely unreliable especially after one complainant admitted lying in writing after the trial. This case is a further illustration of the vulnerability of carers and teachers to false allegations and provides support for a fresh review of this issue by both the Home Affairs Select Committee and by the Government. George and Margaret have been supported throughout by FACT and have asked that their thanks be passed on to all those who have supported them through their darkest days. A FACT spokesman said the trial of Margaret and George raises serious questions about the conduct of the police investigation and the response of Barnado’s to these allegations. Once again there has been an hysterical response to ill founded allegations, and as a result, two innocent carers have suffered the indignity of having their reputations destroyed and the liberty taken from them. What this investigation shows is that the presumption of guilt is so deeply embedded in child abuse investigations that no can rely on them to reveal the truth.

UH?

Home Office Minister Tony McNulty, commenting on The Politics Show in defence of Home Office dawn raids on asylum seekers: “We are not knocking down doors at four in the morning with people booted and suited in riot gear. Most of the removals occur around half-five, half-six, seven in the morning.” So presumably the borderline between free democracy and police state lies somewhere between the hours of 4am and 5.30am.

FACTION / November 2005

I N F O R M AT I O N S U P P L E M E N T ☎ = telephone number

fax = fax number

www = website

FACT

North Wales Gwen

01978 781 220

Campaign on behalf of Falsely Accused Carers & Teachers

Manchester David

0161 724 1478

All written correspondence

Cornwall Angela

01736 367 231

Yorkshire Gordon

01924 261 711

The Secretary FACT (UK) P O Box 3074 Cardiff CF3 3WZ ☎

fax

LEGAL

02920 777 499



www

Law firms experienced in false allegations cases

www.factuk.org [email protected]

@

Please inform us of any additions you feel ought to be made to this list

FACTION FACT’s periodical Contributions / letters @

[email protected] or via the Secretary

FACTION Editor @

David Sherwell [email protected]

Chairman

Rory O’Brien

@

[email protected]

Secretary @

Michael Barnes [email protected]

Treasurer @

Ian Argyle [email protected]

Membership requests @ [email protected]

NATIONAL NETWORK Someone you can talk to

☎

fax @

01226 241 136

West Midlands Elin

01905 778 170

Somerset Ian

01458 448 127

Chepstow Joy

01594 529 237

Doncaster & Lincolnshire Kath 01427 873 451 02920 513 016

01704 567 799

01704 567 555 [email protected]

☎

fax

www @

17 Park Place Leeds LS1 2SJ

☎

fax

www

Mr Mark Newby Jordans Solicitors 4 Priory Place Doncaster DN1 1BP ☎ fax

3gis 3 Grays Inn Square London WC1R 5AH

☎ ☎ Emergency fax @

Andrews Angel Solicitors 1st Floor 88 High Road Ilford Essex IG1 1DN

@

0113 246 0660 0113 242 9741 www.olliers.com

Mr David Woods Keith Levin & Co Solicitors The Willows Rupert Rd Huyton Liverpool L36 9TF ☎ 0151 480 5777 www www.keithlevin.co.uk @ [email protected] Mr Stephen Clarke Clarke & Hartland Solicitors 48 The Parade Roath Cardiff CF2 3JD ☎ 02920 491 333

020 7520 5600 07710 354 598 020 7520 5607 [email protected]

020 8911 9289

Gill Rutherford Andrews Angel 41 Sadler Street Durham City Co Durham DH1 8NU

☎ www

0161 834 1515 0161 839 0804 www.olliers.com [email protected]

01302 309831 01302 327521

Jordan’s Solicitors in Dewsbury who are currently advertising for victims of abuse to contact them, are not in any way connected with Jordan’s Solicitors, Doncaster who administer the Historic Abuse Appeal Panel

☎

Olliers 1st Floor Sunlight House Quay Street Manchester M3 3JZ

@

South Yorkshire Lynne

South Wales Gail

Mr Chris Saltrese 3 Regent Road Southport PR9 0AL

@ = email address

0191 370 9890 www.thompsons.law.co.uk [email protected]

HAAP Historical Abuse Appeal Panel Mark Newby Jordan’s & Co Solicitors 4 Priory Place Doncaster DN1 1BP ☎ fax

www @

01302 309831 01302 327521 www.appealpanel.org [email protected]

ORGANISATIONS Contact details of organisations which may be able to assist in specific areas BFMS British False Memory Society The Old Brewery Bradford-on-Avon Wiltshire BA15 1NF ☎ 01225 868 682 @ [email protected] www www.bfms.org.uk FACTION / INFORMATION INSERT

The Field Foundation BULLYONLINE

Help to combat workplace bullying or intimidation PO Box 67 Didcot Oxfordshire OX11 9YS

0161 834 1515 www.bullyonline.org

☎ www

FAAS False Allegations Action Scotland www

www.FAAScotland.co.uk

NEW WEBSITES WEBSITES www.voicesemerge.com www.copwatcher.org www.merseysidepolice.com

WEB LINKS Useful links on the Internet Richard Webster Author Excellent site with many articles on false allegations www.richardwebster.net

FASO False Allegations Support Organization

The Orwell Press www.orwellpress.co.uk

PO Box 4 Cross Keys Newport Gwent NP11 7YA

Innocent 08702 416 650

☎

FAYL

Falsely Accused Youth Leaders (formerly False Scouting Allegations) For those falsely accused of abuse within Scouting and other Youth Organisations PO Box 43158 London E17 4WX

☎ www

07017 407 621 www.fayl.org.uk

FLINT Family Links International

@

www

07719 020 208 [email protected] www.familieslink.co.uk

MAI Merseyside Against Injustice PO Box 51 Upton Wirral Merseyside CH49 2WA

SAFARI Supporting All Falsely Accused with Reference Information 170 Poplar Road South Merton Park London SW19 3JY www http://home.vicnet.net.au/~safari @ [email protected]

SOFAP Support Organization for Falsely Accused People PO Box 215 Egham Surrey TW2 5WZ ☎

www.innocent.org.uk Prison Today MLA Press P.O.Box 116 Manchester M9 6WS

☎ em@il www

(0845) 0660011 [email protected] www.prisontoday.com

Find MPs Locate MPs and their contact addresses

PO Box 157 Wallington Surrey SM6 7WZ

☎

Organization which supports and campaigns for innocent people in prison. Good article repository.

07766 664 360

FACTION / INFORMATION INSERT

www.parliament.uk/directories/ directories.cfm

TRADES UNIONS Education

Sally Hunt General Secretary Association of University Teachers Egmont House 25/31 Tavistock Place London WC1 9UT @ [email protected] www www.aut.org.uk Jean Gemmel General Secretary Professional Association of Teachers (Eng) 2 St James Court Friar Gate Derby DE1 1BT @ [email protected] www www.pat.org.uk Society of Schoolmasters and School Mistresses Kings School

Canterbury CT1 2ES National Association of Teachers in Further & Higher Education (Eng) 27 Britannia Street London WC1X 9UP @ [email protected] www www.natfhe.org.uk Secondary Heads Association 130 Regent Road Leicester LE1 7PG @ [email protected] www http://sha.eteach.com Doug McAvoy General Secretary National Union of Teachers Hamilton House Mabledon Place London WC1 9BD @ www www.teachers.org.uk National Association of Schoolmasters & Union of Women Teachers NASUWT Hillscourt Education Centre Rose Hill Rednall Birmingham B45 8RS @ [email protected] www www.teachersunion.org.uk General Teaching Council (Eng) Whittington House 19-30 Alfred Place London WC1E 7EA @ [email protected] www www.gtce.org.uk National Association of Headteachers 1 Heath Square Boltro Road Haywards Heath RH16 1BL @ [email protected] www www.naht.org.uk

Social Work and Local Government UNISON 1 Mabledon Place London WC1H 9AJ @ See web site for specific locality www www.unison.org.uk British Association of Social Workers (BASW) 16 Kent Street Birmingham B5 6RD @ [email protected] www www.basw.co.uk

British Union of Social Work Employees (BUSWE) BUSWE House 208 Middleton Road Manchester M8 4NA @ [email protected] www www.buswe.fsnet.co.uk GMB National Office 22/24 Worple Road London SW19 4DD @ www

MEMBERSHIP APPLICATION/RENEWAL Membership is open to any adult who is, or has been, falsely accused or wrongly convicted of abuse whilst caring for or working with children in a non-parental role, e.g. a foster carer, day carer, youth worker, health care worker, church worker etc. It is also open to family and friends of someone falsely accused and to others interested in furthering FACT’s aims and objectives.

[email protected] www.gmb.org.uk

Please complete fully Title

INSURANCE

________________________________

Forenames (in full) ________________________________

if you have a ‘criminal’ record Some advice ...

Last name

________________________________

Address

________________________________ ________________________________

You must tell your insurers of any change in your circumstances. If you don’t, your insurances for house and contents are null and void. The problem with telling them is they will more than likely cancel your policies. None of the big insurers want to touch you if you have a criminal record. I have found an insurer that will insure you if there is a 5 year gap between conviction date and your application. I was more than candid with them and they thanked me for my frankness. My opening phrase to them was “I am an ex-convict”. I told them frankly about my alleged crimes and informed them of my appeal and offered them the address of HAAP so that they could confirm my statement. You will be asked if you have been turned down by any other insurance companies, I was truthful and said yes. They accepted my application. I paid with a credit card. The policy covers all the normal things and they give you the opportunity to add anything else you might want. They were courteous and extremely helpful. There was no loading of the premium and you pay the first £50 of any claim. Thanks to Prison Reform Trust who gave me a phone number to try and to Call Connect who actually put me through to the insurers. The name of the company ... MORETHAN 0800 300 699 www.morethan.com Other companies you could tryHeath Lambert 0800 0374397 Bond Lavis 0800 7408047

________________________________ Postcode

________________________________

Home phone

________________________________

Daytime phone

________________________________

Mobile

________________________________

Em@il

________________________________

Occupation

________________________________

DECLARATION I declare that I am innocent of any act of abuse and that any allegations which may have been made against me are false. I agree to my membership details being stored on a database and understand that my membership may be refused, revoked or suspended if I bring the name of FACT into disrepute. ❏ I apply for / renew membership of FACT £ _______ ❏ I make this donation to the work of FACT £ _______ Total £ _______ We ask that members pay £20 per year if possible. Those unable to afford this are still eligible for full membership. Serving prisoners are entitled to free membership. Signed

__________________________

Date

__________________________

Please send this form to

I am told that Tesco might in certain circumstances entertain your application. R.O.G.

The Secretary FACT (UK) P O Box 3074 Cardiff CF3 3WZ

❏ Tick here if you are currently under investigation and would like an ‘emergency response’.

FACTION / INFORMATION INSERT

DEFENCE LAWYERS

We are sometimes asked to recommend a defence Solicitor/ Barrister/Law Firm experienced in abuse cases. It would be of great help if you could let us know of any lawyer whom you could recommend to others. If there are some details (e.g. email address) you don’t know, that’s fine. Just fill in what you can and we’ll discover the rest.

MEDIA INTERVIEWS FACT is always happy to consider people for giving interviews to journalists, but please don’t do this without permission from the Chairman or Secretary.

Please complete the form and return it to:FACT Secretary, PO Box 3074, Cardiff, CF3 3WZ Name of the Lawyer Name of his/her firm

M M M MAAAAYYYY

211055

Address

Postcode

2222000000644 004

Telephone no Fax no email address web site

www.

Details about your Solicitor/Barrister/Law Firm (tick as appropriate) Did your your solicitor represent you in:Criminal Proceedings (e.g. police investigation and/or trial)

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Civil Proceedings e.g. Child Protection/Employment issues any Appeal hearings

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What in your opinion are your lawer’s strengths

SPRING CONFERENCE At St Chad’s Birmingham

Falsely accused Carer or Teacher?

Helpline

Your name

02920 777 499

Address

Postcode Phone email

FACTION / INFORMATION INSERT

Mondays to Fridays 9.30am-12.30pm

6.30pm-9.30pm

and most Saturdays 9.30am-12.30pm Campaign on behlf of Falsely Accused Carers & Teachers