Barry George Cutler 2011 Oct 26 Court of Appeal – PIE

I think Sir John Thomas judge in this case is likely to be the present Lord Chief Justice who was Lord Thomas of Cwmgiedd, or  John Thomas, Baron Thomas of Cwmgiedd [4]

He was one of those who “exonerated” Judge Adrian Fulford 2017 Jul 25 cathy fox blog Judge Adrian Fulford – Can we trust him? [3]

Redaction

Some court reports have had victims names redacted and some assault details redacted.

This is a difficult balance –  normally I would think that  I should not “censor” details but on consultation with various people I have taken the decision to redact. This is mainly to protect victims, their friends and relatives from unnecessary detail and to stop the gratification of those who seek salacious details.

In addition to the obvious “victims redaction” to protect victims details, there may also be “assault redaction” across most of the spectrum of abuse. The assaults are left in the charges, but mainly redacted when repeated with reference to the individual. I have also redacted unnecessary detail of assaults.

Redaction may obscure sometimes the legal reason for the appeal, but should make no large difference to the vital information for researchers that these documents contain. That vital information is mainly names of the perpetrators, past addresses, institutions where assaults occurred, the actual charges the perpetrators faced, and dates – on which newspapers are pathetically inaccurate and this information enables the links between people and places and abuse at various times to be ascertained.

Some transcripts may have been subject to automatic reading software and whilst effort has been made to correct these, the text should not be regarded as definitive.  Common mistakes in reprinting here are that quotation marks are sometimes not correct, replaced by odd symbols.

If you think that the balance is not correct or that a particular redaction needs reconsideration, please say.

This appeal is unredacted  by cathy fox blog

Index of Newspaper and Journal articles on this blog [1]

Index of Court Appeals on this blog [2]

[2011] EWCA Crim 2781

No: 201103956/A8-201104389/A8-201104356/A8-201104464/A8

IN THE COURT OF APPEAL

Wednesday, 26th October 2011

Sir John Thomas

Regina

v.

Barry George Cutler


Computer Aided Transcript of the Stenograph Notes of WordWave International Limited A Merrill Communications Company 165 Fleet Street London EC4A 2DY Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court)

Mr R James appeared on behalf of the Appellant Cutler

Mr J Black (Solicitor/Advocate) appeared on behalf of the Appellant Morrison

Mr W Nash (Solicitor/Advocate) appeared on behalf of the Appellant Parratt

Miss M Dineen appeared on behalf of the Appellant Freeman

Mr M Gadsden appeared on behalf of the Crown

Judgment

As Approved by the Court

1.

MR JUSTICE SILBER: On 3rd May 2011 at the Central Criminal Court, Steven Adrian Freeman pleaded guilty to 16 counts relating to the possession of indecent images of children. On 5th May 2011, at the same court, Barry George Cutler pleaded guilty to five counts and John William Morrison pleaded guilty to three counts relating to the possession of indecent images of children. On 12th May 2011, at the same court, John Patrick Parratt was convicted by a majority of 10 to 2 of three counts relating to the possession of indecent images of children.

2. On 15th July 2011 the appellants were sentenced at the Central Criminal Court. In the case of Freeman: for eleven counts of possessing indecent photographs of children there was no separate penalty; for three counts of distributing indecent photographs of children, he received a sentence of imprisonment for public protection, with a minimum term of 30 months less time spent on remand. There was no separate penalty imposed on him for failing to disclose a key to protected information contrary to section 53(1) and (5) of the Regulation of Investigatory Powers Act 2000 and a count of possessing prohibited images of a child contrary to section 62 of the Coroners and Justice Act 2009. In the case of Cutler, he received a sentence of 12 months’ imprisonment concurrent on four counts of possessing indecent photographs of a child. He also received a consecutive sentence of 3 months’ imprisonment for failing to disclose a key to protected information, again contrary to section 53(1) and (5) of the Regulation of Investigatory Powers Act. Morrison received a term of 4 years extended consisting of a 2 year custodial term and 2 years extended licence concurrent on each of three counts for possessing indecent photographs of a child. Parratt received sentences of 12 months’ imprisonment concurrent for three counts of possessing indecent photographs of a child. The appellants appeal against the sentences imposed on them by leave of the single judge.

3. The background to these charges is that in 2008 the police started to target a paedophile ring which regularly met at Freeman’s own house and where their aim was to view and share indecent photographs of children. A search warrant was executed on those premises on 24th July, where computer equipment and pornographic drawings of children were seized. There were also some drawings openly on display and the prosecution case was that they were to be viewed and shared by those present, namely Freeman, Cutler, Morrison and Parratt. Later all their addresses were searched and computer equipment was seized. The computer equipment was examined and found to have indecent images of children and the computer of Freeman contained extensive correspondence.

4. Just under 3 weeks later, on 19th August 2008, Freeman posted an Internet message under the name “Alcibiades” which read as follows:

“Time for some more bad news then I’m afraid. For over ten years now I’ve been hosting regular weekly gatherings of former PIE colleagues [that is the Paedophile Information Exchange which was an organisation disbanded in the 1980s and Freeman had been the chairman of that organisation and Parratt had been an Executive Committee member using the name Warren Middleton] with occasional visits from other other paed friends or friends of friends. Four weeks ago on one of those evenings, at about 8 pm, my house was invaded by a dozen or so shouting people brandishing weapons. It was a police raid. I and five of my friends were arrested. Each of our homes was searched on a warrant for conspiracy to distribute indecent images of children. We were all held overnight at various police stations and released the next day.”

In an another article Freeman wrote as follows:

“The anonymity of the internet allows paedophiles to communicate more freely with one another than was physically or legally possible before. It is a massive enabling technology. The question for the thinking paedophile of today is: how do we make best use of this technology to further our collective interest? How do we translate the limited freedom of the web into the greater social freedoms we seek? How can this cyber community help us to promote a greater tolerance and understanding? When we finish talking to one another sooner or later we must begin talking again to the world at large, addressing its fears and suspicions. How, where and when we take that step should be the abiding question for all of us.”

There were other writings which had been done for Freeman’s own gratifications and it was clear that he was not ashamed of his actions. The writings also showed further references to indecent images and his wish to have sex with boys. One of the objectives of a game on his computer was to have sex with school boys.

5. So far as the case against Freeman is concerned, the counts in relation to possessing indecent photographs comprise his possession of still and moving images, with the exception of the last one which reflected all the images in his possession. There were 5417 still images, 31 moving images and 24 paper based images. Of those images, 4780 were at level 1, 500 at level 2, 41 at level 3, 73 at level 4 and 23 at level 5.

6. As to the charge of failing to disclose a key to protected information, there were six encrypted containers at Freeman’s house, three on computer and three on discs. He was duly served with a notice under section 49 of the Regulation of Investigatory Powers Act 2000, requiring him to disclose a code to access those encrypted containers. He did not do so and in response to the notice, he said there was no encryption software on his computer.

7. As to the count of possession prohibited images, this related to 3062 pornographic drawings of children which were recovered from his house: 810 depicted penetration of children, some were in black and white and others had been coloured in.

8. Turning now to the position of Freeman, Morrison and Parratt: three separate discs were found at the home shared by Morrison and Parratt which had been burned on Freeman’s computer. The disc contained 5738 still images and nine moving images: 5206 were at level; 382 at level 2; 11 at level 3; 58 at level 4 and 30 at level 5. There were also counts relating to Freeman’s distribution of the disc to Morrison and Parratt.

9. Morrison entered a basis of plea, which stated that he had no interest in images of children, other than those in which they are clothed and that; he is interested in children’s clothing. He accepts possession of the three discs containing the image and he opened and viewed disks and attempted to delete offending images. On the basis he knew what was on the disc he suspected that the other disc contained material of a similar nature. He was not aware of the quantity of these images and the offending images are a fraction of at least a total number of 30,000 images on the discs. The prosecution did not accept that Morrison had no interest in the images of children but there was no Newton hearing.

10. Turning now to the case of Cutler, there were two counts relating to him which related to possessing indecent images. There was one which reflected a level 4 moving image in his possession, and again there was a rolled up count reflecting all of the 57 images agreed to be in Cutler’s possession. He entered a basis of plea to the rolled up provision saying that he accepted 19 still images al level 1, 20 at level 2, two moving images at level 1, four moving images at level 2, one moving image at level 4 and 11 paper best images at level 1.

11. In relation to the count of failing to disclose a key to protected information, these were encrypted containers on his computer and he was served with the relevant notice requiring him to the disclose the key but he has failed to do so.

12. Turning now to the background of these appellants, Steven Freeman is now 56 years of age. He has one previous conviction, in 1991, when he sentenced to 18 months’ imprisonment for possessing an obscene article and 6 months concurrent for sending offending material.

13. The pre-sentence report records, first, that Freeman, who is or was the chairman of Paedophile Information Exchange and its contact with the North American Lug Boys had admitted to being the leader in the offences, and second, that he had difficulty in understanding the potential risk of harm he poses to children, especially in appreciating the link between his distorted sexual impulses and the potential sexual behaviour towards children.

14. Freeman explained, according to the writer of the pre-sentence report, first that he only liked children between the ages of 11 and 14 and second that in his opinion children of that age should be allowed to have sex with adults.

15. The writer of the pre-sentence report considered that Freeman did not take responsibility for his offending and he appeared to have a rigid and dogmatic approach to children. The writer also explained that Freeman was not prepared to undertake a sex offender treatment programme to gain some insight into the behaviour which led to his conviction, because he first believed that his behaviour was innocent, and secondly, he did not have sexual offending issues. I mention in passing that we were told in submissions that that this did not reflect his position, but the writer of the report considered that Freeman might not be well motivated to engage with any accredited system to increase his understanding. It was also stated that during his interview with the writer of the report, Freeman talked about the rights of paedophiles to have sex with children and he, according to the writer of report, had little insight into his sexual offending and its direct impact upon the victims, namely children.

16. In the view of the writer of the report, it was:

“Reasonable for a court to presume that Mr Freeman presents a significant risk of serious harm to children within the general public. Internet sexual offences may cause a potential victim, namely children serious psychological injury.”

17. Turning now to Cutler: he is 60 years of age with no previous court appearances. He became a member of the Paedophile Information Exchange about 30 years ago though it no longer exists.

18. The pre-sentence report recorded that he was a homosexual and sexually attracted to young men both adults and of approximate mid-teenage years. He told the writer of the report that he was sexually aroused by indecent images of children aged 14 or 15 years of age but the writer of the report thought that he was also sexually aroused by younger people. According to the report, Cutler created the impression that he had not fully understood the damage of viewing child pornography causes the victims. It was stated in the report, and supported by medical evidence, that Cutler suffers from Social Phobic Disorder and that although he had found some remedial programs quite stressful to start with, he indicate he would attend and comply with it.

19. Turning to Morrison, he is now 44 years of age and he has appeared before the courts on 29 previous occasions for nearly 100 offences, between 1984 and 2010, for which he had received a range of custodial and non-custodial sentences. Most of his previous offences were for dishonesty but in December 2008 he was fined and given an indefinite sexual offence protection order for five offences of possessing indecent photographs of a child. In March 2009 a community order was imposed for breaching that order, but in June 2010 he was sentenced to 6 months’ imprisonment for breaching the order and 2 months consecutive for sending a letter conveying an indecent or grossly offensive imagine. Finally, in December 2010 he was sentenced to a further 4 months for acting in breach of the order.

20. The writer of the report noted that Morrison denied any sexual gratification or interest in the images or movies. He claimed that he had been recruited by the police to break in a paedophile ring and he said that his fetish was in respect of children’s clothing and what he wanted was pictures of children clothed rather than naked. Morrison explained that he had taken the CD which was found in his apartment from Freeman on the understanding that it had photographs of grown children but he had been unable to unload it.

21. The writer of the report said that Morrison denied any sexual element in his offending and he refused to attend and complete any offence focussed sexual offending work. According to the writer of the pre-sentence report, the fact that Morrison had broken his sex offender prevention order on three occasions raised concerns in terms of risks and that was particularly so because he lives with Parratt, who is a known homosexual.

22. The writer of the report concluded that Morrison presents a risk to the public of violence and he poses a risk of serious harm of serious risk occasioned by the permission of further offences. It is said that he poses the greatest risk of harm towards children, bearing in mind this is his fourth conviction for sexual offences which involves the victims being children. It is noteworthy that the writer of the report had been Morrison’s probation officer since March 2009. The writer of the report pointed out that an extended sentence for public protection was available to provide Morrison a period in custody, whilst the extended supervision element on release would ensure a robust risk management plan monitoring.

23. Turning to Parratt, he is now 63 years of age and he had appeared before the court on a previous occasion, in 1966, when he was given a probation order for gross indecency with a child under 16. In 1969 he was fined for theft. His further conviction was in 1970, when he was given a suspended sentence for gross indecency with a male under the age of 21.

24. In sentencing the appellant, the judge explained that Freeman was an intelligent and articulate man and was well aware that his conduct was outside the law, though he did not regard it as an offence. The judge regarded him as being the centre of the network and his conduct was activated by his long-standing, carefully organised campaign in relation to child pornography.

25. In the light of the material before the court and the writings of Freeman the court was led inextricably to the view that he was dangerous, particularly to young persons and so a sentence of imprisonment for public protection was appropriate and he received credit for his plea.

26. In the case of Cutler his guilty plea, previous good character and the submissions taken on his behalf were taken into account but this was a case for a custodial sentence.

27. As for Morrison, the Recorder took the view that he was “dangerous” particularly to young persons and an extended sentence was appropriate. He had been convicted of possessing just over 5000 images, mostly at level 1 and 2 and a few at level 4 and 5. So he was in different position from his co-defendants but his attendance and possession of the materials meant that a custodial sentence was appropriate.

28. Turning to the grounds of appeal of Freeman, the first ground is that the Recorder erred in passing the sentence of imprisonment for public protection because there was insufficient evidence to support a finding that the defendant represented a significant risk of serious harm through the commission of further specified offences.

29. We had to consider this case against the background of the decision of this court in the case of R v Terrell [2007] EWCA Crim 3079 , [2008] 2 Cr App R(S) 49 , in which this court had to consider whether it was appropriate to impose such a sentence where the conviction related to photographs and did not have any contact offences. It was regarded as important to this court that the trial judge did not find that the offences that might be committed in the future were different or graver than those which he had already committed and it was not suggested that he risked progressing to physical contact. The harm relied on was the harm of children that had been forced to participate in the activities. The conclusion of the court was that it could not be reasonably said that there was a significant risk of this defendant’s re-offending occasioning harm to children, whether through perpetuating the market or further indecent images being taken, albeit through a child becoming aware of the indecent purposes to which the photographs might be put. The link between the act of downloading and possible harm which might be done to children was too remote and therefore the IPP provision did not apply. That case has been regularly applied by this court. Our attention was drawn to the case of R v Helliwell [2011] EWCA 1008 , where Rix LJ noted that the trial judge who imposed a sentence of imprisonment for public protection:

“… was not putting his findings of dangerousness on the basis of the Internet use or distribution in themselves but upon a finding that there was a significant risk that Mr Helliwell would escalate his offending to direct contact offences.”

The judge concluded that the appellant in that case had not previously committed any contact offences and he therefore concluded:

“We do not consider that there was the evidential basis of a significant risk that Mr Helliwell would go on to commit a crime, the nature of which he had not committed in his life before, he being a mature man of now 49.”

For that reason the appeal was allowed.

30. In a more recent case of Guest [2011] EWCA Crim 1762 , a similar view was taken by this court.

31. Bearing those principles in mind, we have had to consider whether what the Recorder did was correct. Unfortunately in his sentencing remarks, he did not grapple fully or at all with these problems and we therefore have to look at them afresh. We have come to the conclusion that the dangerous threshold has been met in this case. In the light of the Internet messages posted by this appellant, which was on the 19th August, which was under 4 weeks after his premises had been searched and seized. They tended to show that he would be getting involved in paedophile activities and continued to do so.

32. It is of greatest significance to us that this appellant continues, as was said in the pre-sentence report, to believe that adults should be allowed to have sex with children so there was a significant substantial risk of this appellant committing contact offences against young children and causing them serious damage. He also demonstrates a lack of empathy with his victims. We therefore have come to the conclusion that, unlike the appellants in the cases to which we have referred, that this appellant does cross the threshold and the judge was correct to impose a sentence for public protection.

33. The second ground of appeal relied on by Freeman is that the Recorder erred in finding that it was necessary to impose a sexual offences prevention order when he had already passed an indefinite sentence. The prosecution agree that this ground of appeal is correct and we also take the same line because more recently in the case of Smith, Wayne, Hall and Dodd Hughes LJ, giving the judgment of this court, said that the appropriate time for deciding the conditions on which somebody will be released when they have been sentenced to a term of imprisonment for public protection is at the time of their release when the licence conditions can be tailored to meet their needs. Thus, we allow the appeal to the extent of removing the sexual offences prevention order.

34. Turning to the case of Cutler, he appeals on the grounds that the custodial sentence was manifestly excessive, having regard to the Sentencing Guidelines, the credit for his plea and the disparity of the sentence with Parratt. His second ground of appeal is that the sexual offences prevention order was too wide and unnecessary for oppressive or not in the least proportionate. We will deal with all the appeals relating to the sexual offences prevention orders imposed on the appellant at the end of this judgment.

35. So far as the length of sentence is concerned, it has to be borne in mind that this appellant was to be sentenced not merely for possession of the indecent photographs but also for the offence of failing to disclose a key to protected information. We regard that as being a very serious offence because it interferes with the administration of justice and it prevents the prosecuting authorities and the police finding out what offences somebody has committed. At the time when this offence was committed the maximum sentence was 2 years’ imprisonment. In our view, this was a serious case because there were nine encrypted containers on three different hard drives. These containers could have been used for storing the vilest of child pornography. It is noteworthy that Cutler had not merely failed to disclose the key but he has also failed to give any explanation for it whatsoever. We note that one of the co-defendants with them, Adamson, who was convicted of this offence, received a sentence of 12 months’ imprisonment. We do not know the full details of it but it might well be that this sentence was too low. We are not purporting to set any guidelines but merely wish to emphasise the gravity of this particular offence.

36. In our view, in respect of that offence, the Recorder would have been quite entitled to impose a sentence of 12 months’ imprisonment. It would also follow that if that sentence had been imposed, Cutler would have to receive a custodial sentence for his possession of indecent photographs and our view would be that 3 months consecutive would have been appropriate. Thus, the overall effect would be that the total sentence would be no different from the sentence which was imposed on him. Therefore his appeal against his prison sentence has to be dismissed.

37. Turning now to the appeal of Morrison, he challenges the finding of dangerousness and contends that the sentence was manifestly excessive.

38. The pre-sentence report noted that this was his fourth conviction for a sexual offence and there was an established pattern of sexual offending, particularly the way he had dealt with his sexual offences prevention order. It must not be forgotten that the discs found at the home shared by Morrison and Parratt had been burned from Freeman’s computer and contained 5738 still images and nine moving images; of those 5266 were at level 1, 382 at level 2, 11 at level 3, 58 at level 4 and 30 at level 5.

39. The pre-sentence report indicated that he poses the greatest risk of harm towards children, bearing in mind this is his fourth conviction for a sexual offence which involved the victims being children. The writer of the report had been Morrison’s probation officer since March 2009. He recommended an extended sentence for public protection, so as to impress on him the seriousness of his offending and to protect the public in the light of the appellant’s previous record.

40. In our view, the appropriate course for this court is to see what sort of sentence ought to have been imposed in this case. We take account of the fact that Parratt received a sentence of 12 months’ imprisonment but this appellant, as we have indicated, has a bad record.

41. We have come to the conclusion that the appropriate sentence that should have been imposed in his case would have been two-and-a-half years’ imprisonment. The consequences of that is that the extended sentence can no longer stand. To that extent his appeal succeeds.

42. That takes us on to the outstanding matter which relates to the sexual offences prevention order imposed on the appellants. We have received very detailed submissions from counsel for that, for which we are grateful. We gave them, at the start of the hearing, before their case was called on, draft orders which we thought it prudent for them to consider in the light of the decision of this court in Smith , to which we have already referred. They were able to reach agreement on what the terms of it should contain and subject to a number of points to which we refer, the terms of that document are to be applicable to all of those who are liable to it, which is all the appellants other than Freeman. They state:-

“Schedule of Prohibitions

(Sexual Offences Prevention Order)

1. Using any device capable of accessing the internet;

(i) which does not have a software programme designed to prevent access to child pornography installed in operation; and

(ii) which does not have the capacity to retain and display the history of internet use; and

(iii) which must be made immediately available on request for inspection by any police officer.

2. Deleting such history.

3. Installing any encryption-only software; for example: Jetico Best Crypt or Pretty Good Privacy;

4. Accessing, seeking to access, viewing, possessing (save in a Temporary Cache computer file, downloading saving or distributing images of children under 18 years from the internet or any other non-commercial source, save with permission of that child’s parent or guardian who has full knowledge of his sexual offending history

5. Filming or taking photographs with any image capturing device of any child under the age of 16 years unless it is with the permission of that child’s parent or guardian who has full knowledge of his sexual offending history, other than images incidental to the main image being captured;

6. Having any unsupervised contact of any kind with any child under the age of 16 years, other than:

(i) such as is inadvertent and not reasonably avoidable in the course of daily life; or

(ii) with the consent of the child’s parent or guardian who has knowledge of his convictions;

7. Engaging in any form of teaching or training or instruction of children under the age of 16 years, any form of care, advice, guidance or therapy or from acting as a driver for such children’s activities;

8. Meeting or seeking to meet in private or public any group of individuals having a sexual interest in children where that interest in children is the primary reason for the meeting, and that group comprises more than two people together and includes but is not limited to Barry George Cutler, John William Morrison, Leo Gareth Adamson, Anthony Zalewski and Stephen Adrian Freeman.

FOR A PERIOD OF 10 YEARS FROM 15 JULY 2011″

42.1. There are some points made by the individual appellants, to which we must refer. In the case of Cutler, he accepts paragraphs 1 to 3 of the draft but says that as he is a 60-year-old man with no previous convictions, he should not have conditions not giving him access to images and various other matters of that sort. We do not consider that to be a valid point. It is clear that he was involved and present when the premises of Freeman were searched and where there were drawings on display and there were computer material around the place. As we have already explained, he has also been convicted of failing to disclose the key to protected information. That suggests that he must have some form of access to computers. Therefore we take the view that he should be bound by the order.

42.2. So far as the others are concerned, none of the grounds that have been put forward seem to us to have any validity as showing why an order should not be made in their cases. Therefore, we make it in the case of all the appellants with the exception of Freeman and we explain why it does not relate to Freeman. In reaching our conclusions we have taken into account all the matters and material that has been helpfully put forward by counsel on our behalf.

42.3. For those reasons, the appeal of Freeman is allowed to the extent of removing the sexual offences prevention order and in case of Morrison, the period of his sentence of 4 years is reduced to two-and-a-half years. To that extent the appeals are dismissed.

42.4. SIR JOHN THOMAS: There are two matters. First of all, we would like to thank you all very much for the assistance that you have given us today and in particular in taking time to try to agree the sexual offences prevention orders. It would be of assistance if you could try amongst your colleagues to ensure that these standard terms are more frequently discussed and appeals on these sort of points avoided where you get involved in these cases in the future. We have a lot of appeals that turn on the bad drafting. I think things should now be much better in the light of Hughes LJ’s judgment.

42.5. The second thing which we wanted to say was this. In the light of the history of this matter we will ask the Central Criminal Court to advise us on the circumstances in which this case was listed before someone other than a full-time judge, as we think the seriousness and difficulty of this case did require a full-time judge. That seems to have been counsel for the Crown’s view but, of course, he understandably could not express that view to the listing officer.

42.6. MR GADSDEN: Thank you my Lord.

42.7. SIR JOHN THOMAS: That is a fair observation from what you have said?

42.8. MR GADSDEN: It is my Lord, yes, although, as your Lordship quite rightly says, I could not quite articulate it like that in your Lordship’s court.

42.9. SIR JOHN THOMAS: It seems to us that this sort of case is a very serious and very difficult case; it produces not only a difficult trial but difficult sentencing problems. We shall ask the Central Criminal Court —it better be done through whoever the most senior, probably through the court manager —as to how this happened and we would like it to be ensured it does not happen again.

Please note that victims of abuse may be triggered by reading this information. These links are generally UK based.

  • The Sanctuary for the Abused [A] has advice on how to prevent triggers.
  • National Association for People Abused in Childhood [B] has a freephone helpline and has links to local support groups.
  • One in Four [C]
  • Havoca [D].
  • Useful post on Triggers [E]  from SurvivorsJustice [F] blog.
  • Jim Hoppers pages on Mindfulness [G]  and Meditation [H] may be useful.
  • Hwaairfan blog An Indigenous Australian Approach to Healing Trauma  [J]
  • Survivors UK for victims and survivors of male rape or the sexual abuse of men [K]
  • Voicing CSA group [L] helps arrange survivors meetings in your area
  • A Prescription for me blog Various emotional support links [M]
  • ShatterBoys -“Male Survivors Of Childhood Sexual Abuse Inspiring change, Through Shared Experience Whilst Building Connections…Together We Can Heal[N]
  • Fresh Start Foundation Scottish not for profit group, helping child sexual abuse victims & survivors  [P]

Links

[1] Index of Newspaper and Journal articles on this blog https://cathyfox.wordpress.com/2015/05/23/newspaper-stories-index-timeline/

[2] Index of Court Appeals EWCA on this blog https://cathyfox.wordpress.com/2015/05/08/a-timeline-of-court-and-ewca-documentation-on-cathy-fox-blog/

[3] 2017 Jul 25 cathy fox blog Judge Adrian Fulford – Can we trust him? https://cathyfox.wordpress.com/2017/07/25/judge-adrian-fulford-can-we-trust-him/

[4] 2017 Jul 24  re 2014 Wikipedia John Thomas, Baron Thomas of Cwmgiedd https://en.wikipedia.org/wiki/John_Thomas,_Baron_Thomas_of_Cwmgiedd

Let justice be done though the heavens fall – Fiat justitia ruat cælum

Posted in cathy fox blog, Child Abuse, Child sexual abuse, Court, Indecent Images, London, Paedophile Information Exchange | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments

David Joy 2007 Dec 11 Court of Appeal

Redaction

Some court reports have had victims names redacted and some assault details redacted.

This is a difficult balance –  normally I would think that  I should not “censor” details but on consultation with various people I have taken the decision to redact. This is mainly to protect victims, their friends and relatives from unnecessary detail and to stop the gratification of those who seek salacious details.

In addition to the obvious “victims redaction” to protect victims details, there may also be “assault redaction” across most of the spectrum of abuse. The assaults are left in the charges, but mainly redacted when repeated with reference to the individual. I have also redacted unnecessary detail of assaults.

Redaction may obscure sometimes the legal reason for the appeal, but should make no large difference to the vital information for researchers that these documents contain. That vital information is mainly names of the perpetrators, past addresses, institutions where assaults occurred, the actual charges the perpetrators faced, and dates – on which newspapers are pathetically inaccurate and this information enables the links between people and places and abuse at various times to be ascertained.

Some transcripts may have been subject to automatic reading software and whilst effort has been made to correct these, the text should not be regarded as definitive.  Common mistakes in reprinting here are that quotation marks are sometimes not correct, replaced by odd symbols.

If you think that the balance is not correct or that a particular redaction needs reconsideration, please say.

This appeal is unredacted  by cathy fox blog

Index of Newspaper and Journal articles on this blog [1]

Index of Court Appeals on this blog [2]

EWCA Crim 3281   No: 2007/4797/A6

IN THE COURT OF APPEAL

Tuesday, 11 December 2007

Lord Justice Longmore

Regina

v.

David Joy


Computer Aided Transcript of the Stenograph Notes of WordWave International Limited A Merrill Communications Company 190 Fleet Street London EC4A 2AG Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court)

Mr G Purcell appeared on behalf of the Appellant

Mr J Eley appeared on behalf of the Crown

JUDGMENT

(As Approved by the Court)

1. MR JUSTICE BLAKE: On 30th April 2007 at the Crown Court at Leicester this applicant pleaded guilty to 11 counts of offences connected with indecent photographs of children. Counts 2 to 5 alleged making indecent photographs of children. The other counts were of possession. On 13th August 2007 he was sentenced to two years’ imprisonment concurrent on each of the counts of possession and a sentence of imprisonment for public protection on the counts of making indecent photographs. Those sentences were imposed by His Honour Judge Pert QC.

2. There are problems with that sentence. If the applicant is a dangerous offender and therefore liable to a sentence of imprisonment for public protection, then the sentence for the offences of possession should have been an extended sentence with a custodial term and an extended licence period. However, the first question that now arises before this court is what should the sentence have been for counts 2 to 5?

3. We are told that there were 1,130 images discovered when this applicant’s premises were visited by the police in January 2006. However, we have been told this morning that a somewhat smaller total formed the counts that were before the court, namely some 744. In any event, only a small number of this total were at Levels 4 and 5 —two at Level 4 and fifteen at Level 5 applying the classification approved by this court in the case of Oliver [2003] 2 Cr.App.R (S) .

4. The allegations were personal possession or use of such images and there was no allegation that this appellant was connected to the production of the images in the sense of taking the photographs of the children or distributing them or indeed storing them in a manner that could be available for other people. We will return to the sentencing guidelines of this class of case in one moment.

5. The learned judge was led to believe that a number of the offences had been committed after the coming into force of the Criminal Justice Act 2003 in April 2005. However, there was no clear basis for that conclusion revealed in the indictments which allege an offence between 1st January 2000 and 24th January 2006, the latter date being the date when the applicant’s premises were visited by the police. Again the opening remarks of prosecuting counsel did not help the learned judge. They were to the effect that the Crown could not say how the images got onto the computer, let alone when, and a generic statement that some can probably be shown to be made after the relevant date seemed to have been considered sufficient to give the court jurisdiction to consider the dangerousness provisions under the Criminal Justice Act 2003. Such an approach is no longer permissible as this court has made plain in Harries [2007] Crim LR 820 , [2007] EWCA Crim 1622 at paragraph 11 .

6. Before this court we have been assisted by the agreement between counsel for the applicant and counsel for the prosecution that of the five counts of making an indecent photographs of a child. Only count 3 was committed after 4th April 2002. It is only the counts which allege making that are scheduled offences that are serious. Thus the court is faced with one count of making indecent photographs of a child after the coming into force of the Criminal Justice Act 2003 and the particulars of that count are a large number of photographs at Level 1 and 29 at Level 3. That, however, means that section 225 of that Act has to be considered. That provides:

“(1) This section applies where—

(a) a person aged under 18 is convicted of a serious offence committed after the commencement of this section, and

(b) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences.â€

Serious harm is defined in section 224(3) as meaning death or serious personal injury, whether physical or psychological. As indicated, making indecent images is a specified offence and a serious offence because it is punishable with up to 10 years’ imprisonment.

7. So much for the offending behaviour itself. This applicant has previous convictions for sexual activity. They are summarised in the advice of his counsel appearing before this court today. In 1980 there were five counts of indecent assault on a female. In November 1984 there were counts of publishing an obscene article and sending an obscene article through the post. In 1996 there were two counts of indecent assault on a male under 14, two counts of indecent assault on a male under 16 and a count of showing indecent photographs or pseudo photographs of children, for which he was sent to prison. It is pointed out by the applicant and his counsel that those indecent assault offences for which he was sent to prison in 1996 had occurred in 1983 and that does mean that when he fell to be sentenced for the present offence, there was some period of 24 years when he had not been found guilty of any offences of indecent assault on children.

8. It is apparent from what the applicant told those who were charged with making reports for the assistance of the court who sentenced him that in the 1980s the applicant was involved in a paedophile group and those offences were conducted in the light of his beliefs about sexual behaviour of young people, behaviour and activities of that range of people. He had expressed his views to those who interviewed him, which the judge rightly regarded as many would regard as abhorrent. However, in fairness to the applicant it is right to say that he expressed those views to those making the reports by way of a full and frank engagement of his sexual history, sexual behaviour and sexual activity and in order to make the point that his sentences for his past sexual offences had led him to undergo successfully sexual offender courses which he had completed and that he had come away with a changed perception about sexual activity with children that deal with indecent assaults.

9. Nevertheless, those past offences do mean that the court has to treat the question of whether there is a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences in the light of a statutory presumption contained in section 229(3) because he is over eighteen and he had been convicted of one or more relevant offences. The court therefore must assume that there is the risk unless after taking account of all information about the nature of the offences and the behaviour of the individual and the information about the offender, it considers it to be unreasonable to conclude that there is such a risk.

10. Therefore the court is faced with the difficult task of only one offence of downloading an image from the computer, at Level 1 and Level 3, which engages the imprisonment for public protection provisions of the Criminal Justice Act. Otherwise this would be purely personal conduct for which the Sentencing Guidelines Council, following Oliver , indicate that the starting point for possession of a small number of images at Levels 4 and 5, and possession of a large quantity at Level 3 for personal use, in the case of a contested trial and an offender without significant previous convictions, would be 26 weeks’ custody. Four weeks to 18 months would be the range of sentencing. Even if it was a large quantity of material that had been retained for personal use, the starting point would still be 12 months’ custody and the range 26 weeks to two years’ custody.

11. We appreciate that there has been some difficulty and some controversy in other cases in linking the question of future dangerousness and any reoffending by this offender to causing harm to others simply by looking at images, rather than a breach of trust in the way they are made, distributed or used. However, in our judgment applying the statutory test, we do not consider it would be reasonable on the facts known to us about this offence and this offender to draw the conclusion that there is a significant risk of this offender causing serious harm in the form of personal injury, whether physical or psychological, to other persons. Such a causative link must be established as well as any risk of general reoffending as this court has made plain in the case of Lang [2005] EWCA Crim. 2864 .

12. We therefore conclude that it is not possible and not necessary to impose a sentence of imprisonment for public protection on count 3 and this applicant falls to be sentenced to a determinate sentence of imprisonment for his wrongdoing.

13. We then take account of the guidance of the Sentencing Guidelines Council about this class of offence, published in April 2007, recognising that by reason of his previous convictions in the past for interest in indecent photographs of children, as well as other sexual offences connected with children, that a significantly higher starting point than 26 weeks custody is appropriate. Even imposing the top end of the range of 18 months on a contested case and giving full credit to the applicant for his plea of guilty at the earliest opportunity, we conclude that the appropriate sentence in this case should be one of 12 months’ imprisonment.

14. This application is therefore allowed. We treat the hearing of the application as the hearing of the appeal. We set aside the sentences imposed below and on each of the counts we impose a sentence of 12 months’ imprisonment concurrent.

15. MR PURCELL: My Lord, that gives rise to one ancillary matter with regard to the notification requirements under the Sexual Offences Act. I believe being sentenced to a term of imprisonment of less than 30 months, from memory the period to which the appellant is to comply with the notification requirements would be five years. I may be wrong. It may be seven year. Can I please check.

16. LORD JUSTICE LONGMORE: We are told 10 years. What was the existing notification?

17. MR PURCELL: Previously it was for life, my Lord.

18. MR JUSTICE BLAKE: In the light of the variation of sentence we have just made we will vary the notification requirement from life to one of 10 years.

Please note that victims of abuse may be triggered by reading this information. These links are generally UK based.

  • The Sanctuary for the Abused [A] has advice on how to prevent triggers.
  • National Association for People Abused in Childhood [B] has a freephone helpline and has links to local support groups.
  • One in Four [C]
  • Havoca [D].
  • Useful post on Triggers [E]  from SurvivorsJustice [F] blog.
  • Jim Hoppers pages on Mindfulness [G]  and Meditation [H] may be useful.
  • Hwaairfan blog An Indigenous Australian Approach to Healing Trauma  [J]
  • Survivors UK for victims and survivors of male rape or the sexual abuse of men [K]
  • Voicing CSA group [L] helps arrange survivors meetings in your area
  • A Prescription for me blog Various emotional support links [M]
  • ShatterBoys -“Male Survivors Of Childhood Sexual Abuse Inspiring change, Through Shared Experience Whilst Building Connections…Together We Can Heal[N]
  • Fresh Start Foundation Scottish not for profit group, helping child sexual abuse victims & survivors  [P]

Links

[1] Index of Newspaper and Journal articles on this blog https://cathyfox.wordpress.com/2015/05/23/newspaper-stories-index-timeline/

[2] Index of Court Appeals EWCA on this blog https://cathyfox.wordpress.com/2015/05/08/a-timeline-of-court-and-ewca-documentation-on-cathy-fox-blog/

Let justice be done though the heavens fall – Fiat justitia ruat cælum

Posted in cathy fox blog, Child Abuse, Child sexual abuse, Court, Indecent Images, Leicestershire, PIE | Tagged , , , , , , , , , , , , , , , , , , , , , | 2 Comments

Bremner and Joy 20 Dec 1984 Court of Appeal – PIE

Redaction

Some court reports have had victims names redacted and some assault details redacted.

This is a difficult balance –  normally I would think that  I should not “censor” details but on consultation with various people I have taken the decision to redact. This is mainly to protect victims, their friends and relatives from unnecessary detail and to stop the gratification of those who seek salacious details.

In addition to the obvious “victims redaction” to protect victims details, there may also be “assault redaction” across most of the spectrum of abuse. The assaults are left in the charges, but mainly redacted when repeated with reference to the individual. I have also redacted unnecessary detail of assaults.

Redaction may obscure sometimes the legal reason for the appeal, but should make no large difference to the vital information for researchers that these documents contain. That vital information is mainly names of the perpetrators, past addresses, institutions where assaults occurred, the actual charges the perpetrators faced, and dates – on which newspapers are pathetically inaccurate and this information enables the links between people and places and abuse at various times to be ascertained.

Some transcripts may have been subject to automatic reading software and whilst effort has been made to correct these, the text should not be regarded as definitive.  Common mistakes in reprinting here are that quotation marks are sometimes not correct, replaced by odd symbols.

If you think that the balance is not correct or that a particular redaction needs reconsideration, please say.

This appeal is unredacted  by cathy fox blog

Index of Newspaper and Journal articles on this blog [1]

Index of Court Appeals on this blog [2]

EWCA Crim J1220-5   No. 6311/B/84

IN THE COURT OF APPEAL

Thursday, 20th December 1984

Lord Justice O’Connor

Regina

v.

David Peter Bremner

and David Arthur Joy


(Transcript of the Shorthand Notes of Marten Walsh Cherer Limited, Pemberton House, East Harding Street, London, EC4A 3AS. Telephone Number: 01-583 7635. Shorthand Writers to the Court).

MR. P. THORNTON appeared on behalf of the Appellant Bremner.

MR. S. LESLIE appeared on behalf of the Applicant Joy.

JUDGMENT

(As approved by Judge)

MR. JUSTICE MACPHERSON: David Bremner and David Joy were convicted at the Central Criminal Court on 13th November 1984 and were sentenced on the following day by H.H. Judge Owen. Bremner, for an offence contrary to section 11 of the Post Office Act 1953 (count 2), to 6 months’ imprisonment. He was acquitted of count 1, which was a joint count against these two men and a man named Smith, of publishing an obscene article, and of a number of other serious offences in relation to these matters. Joy, on count 1, was sentenced to 18 months’ imprisonment and on count 2 to 6 months’ imprisonment concurrent. He was likewise acquitted on counts 3, 4, 5 and 6, which were the serious matters to which I have already referred, Bremner has leave to appeal against sentence: Joy’s application for leave to appeal against sentence has been referred to the full court by the registrar.

The co-accused Smith absconded to Holland before the trial so that he took no part in these matters.

At the material time with which these offences were concerned in 1981 and 1982, Bremner and Joy were both members of an organisation known as the Paedophile Information Exchange, generally known as “P.I.E.”, whose object was said to be to advocate sexual relations between adults and consenting children and to compaign for such relations to be legalised. A Mr. Oxley had infiltrated P.I.E. in June 1981. He did some work and attended meetings of that organisation and its executive.

Among items sent by post to Mr. Oxley was a magazine entitled “Contact No. 6”, dated July 1982, which is the subject matter of counts 1 and 2. In particular, one article in that magazine, which had been translated by Joy, was the thrust of the allegations made by the Crown against these men. Smith’s name appeared in the indictment and it seems to have been accepted that he was most involved in the production of the article. But, as I have indicated, Joy translated the article and both these men were members of the executive which was responsible for the mailing of Contact No. 6 to the members of P.I.E.

On 17th May 1983 police officers interviewed Bremner and on 18th May they interviewed Joy. Neither admitted being involved in distributing the magazine, although Joy admitted being a member of P.I.E. They were both arrested and charged in due course. P.I.E., according to the papers, seems to have been disbanded in about August 1984.

The jury heard this case for some six days and, as I have indicated, they convicted Joy of counts 1 and 2 and Bremner of count 2.

Bremner is 45 years old and had one previous court appearance in 1978 for three charges of indecent assault on three separate boys for which he was given suspended sentences. Joy is 43. He had one previous court appearance in 1980 for five charges of indecent assault for which he was given suspended sentences.

We have been referred in some detail in the course of this appeal to the sentencing remarks of the learned judge, which we have fully taken into account. The judge indicated that if Joy had been convicted of the incitement offences, his sentence would of course have been much heavier.

In the case of Joy the grounds of appeal set out that the sentence of 18 months’ imprisonment is excessive. Mr. Leslie indicates that that is the heart of his application today. He says that to be in prison even for a short time for a man convicted of offences of this kind is a crushing matter, and that 18 months was too long. In this court it was to be noted that he criticised the learned judge’s approach to the matter, referring to more than one extract from the sentencing remarks, where the judge dealt with the possible corrupting effect of the article and the intent in the mind of the accused man. It is to be noted and stressed that in the notice of appeal these grounds do not appear, and the court would wish to indicate that it is wrong where a judge is to be roundly criticised in that fashion that the notice of appeal should not expressly state the grounds.

As the judge said in sentencing these two men, it is important to remember that a jury convicted them both and in the case of Joy found that he was involved in the publication of an obscene article, and in the case of both of them that they played their parts in the distribution of indecent material. The two oases were of course different and the judge, as Mr. Leslie accepts, marked the distinction by his overall sentences.

We propose to deal first with the application of Joy. It is argued that his sentence is too long. It is true that the matter is to some degree old in the sense that the distribution of this article took place some 2½ years ago. It is also true that P.I.E. no longer functions. That of course may be as a result of its exposure and the prosecution of these men. But the judge took all these relevant matters into account. He heard the case for six days and heard their evidence and saw them himself. The article found to be obscene is plainly so and it is important, as the judge said, that intellectual respectability should not cloak the offence of which the jury found Joy to be guilty. In our judgment, the judge was not wrong in what he said about the tendency of this article to corrupt, and in his assessment of the jury’s finding so far as intent was concerned, he was also correct. He was, in the judgment of this court, perfectly right in his reasoning on sentencing on count 1 in the case of Joy. In all the circumstances that sentence was perfectly proper. Joy’s application is refused.

As to Bremner, he received a sentence of 6 months’ imprisonment for his part in the distribution of this article. He knew that it would be circulated and, in counsel’s words today, he knew that the general tenor of the magazine was indecent; but he did not know that obscenity would be contained in it. He told Mr. Oxley that he wished the magazine to be within the law. But he held the post office box number of P.I.E. and was therefore certainly responsible for its in-coming mail, and he was also a member of the executive which were together responsible for for all that emanated from that organisation.

We do not read the case of R. v. Stamford (1972) 2 Q.B. 391 , as limiting the object intended to be achieved to the protection of the post office workers. It is intended to preclude the use of post office services for the distribution of indecent material. Abuse of the mail is the offence, in a phrase. Such abuse is plainly made out in the circumstances of this case. We certainly do not believe that the relevant subsection is aimed at the risk of accidental opening by post office workers. Furthermore, in so far as those who choose to abuse the mail believe from any report which may be made to them that prison sentences should not follow conviction under section 11, we do not agree that that is right. We echo the words of Bridge L.J. in R. v. Marion Smith , where he said towards the end of his judgment: “It may be that the time has come when the policy of the court towards such offences when they are brought to book ought to be more severe than it has been”.

In Bremner’s case there was reference by counsel to the use of the word “publication” at page 3B by the trial judge. It is said that the judge in using that word may have been regarding Bremner as more likely to have been guilty of count 1 than count 2. But in fact the judge was dealing at that time with a defence submission that Bremner had only a limited appreciation of the nature of the article sent through the post. We see no grounds on which that use of the word can be objected to on behalf of Bremner.

The cases cited show what the position is. If the mail is abused an offence is committed and the jury so found. In the judgment of this court, 6 months was a perfectly proper sentence. The appeal of Bremner against that sentence on count 2 is accordingly dismissed.

Please note that victims of abuse may be triggered by reading this information. These links are generally UK based.

  • The Sanctuary for the Abused [A] has advice on how to prevent triggers.
  • National Association for People Abused in Childhood [B] has a freephone helpline and has links to local support groups.
  • One in Four [C]
  • Havoca [D].
  • Useful post on Triggers [E]  from SurvivorsJustice [F] blog.
  • Jim Hoppers pages on Mindfulness [G]  and Meditation [H] may be useful.
  • Hwaairfan blog An Indigenous Australian Approach to Healing Trauma  [J]
  • Survivors UK for victims and survivors of male rape or the sexual abuse of men [K]
  • Voicing CSA group [L] helps arrange survivors meetings in your area
  • A Prescription for me blog Various emotional support links [M]
  • ShatterBoys -“Male Survivors Of Childhood Sexual Abuse Inspiring change, Through Shared Experience Whilst Building Connections…Together We Can Heal[N]
  • Fresh Start Foundation Scottish not for profit group, helping child sexual abuse victims & survivors  [P]

Links

[1] Index of Newspaper and Journal articles on this blog https://cathyfox.wordpress.com/2015/05/23/newspaper-stories-index-timeline/

[2] Index of Court Appeals EWCA on this blog https://cathyfox.wordpress.com/2015/05/08/a-timeline-of-court-and-ewca-documentation-on-cathy-fox-blog/

Let justice be done though the heavens fall – Fiat justitia ruat cælum

Posted in cathy fox blog, Child Abuse, Child sexual abuse, Court, Indecent Images, Paedophile Information Exchange, pedophile, PIE, VIP CSA | Tagged , , , , , , , , , , , , , , , , , , , , , , , | 2 Comments

Irish Child Abuse Survivor goes on Hunger Strike

There has been much dissatisfaction with Caranua [2] , the independent State Body set up to help people who, as children, experienced abuse in residential institutions in Ireland and have received settlements, Redress Board or Court awards.

It is supposed to help with things like housing, education, medical needs or counselling.

Many people accuse it of being obstructive to people in desperate need. Perhaps someone who knows more can write an article on Caranua, or post links in comments, to say why the situation is so bad for many and that a survivor feels so strongly as to to go on hunger strike because of it.

Many thanks to Shame of Ireland website [3] for bringing my attention to this. In the spirit of solidarity and friendship can survivors reach out to those in Ireland.  Twitter @ShameOfIreland

This article is from the Irish Independent by Kathy Armstrong

2017 Jul 31 Independent.ie ‘The State doesn’t care’ – Brave survivor of childhood sexual and physical abuse at industrial school [1] 

Industrial School Survivor goes on Hunger Strike because ‘The State doesn’t care’ Kathy Armstrong July 30 2017

A man who was sexually, physically and emotionally abused at an industrial school as a child has gone on a two-week hunger strike after he claims survivors are “ignored”.

William Gorry (52) has claimed that survivors are made to feel like they should “be quiet and appreciate what they’re given” by the State.

                  William Gorry who was in Mount Carmel orphanage in Moate

He also claims they are being failed by Caranua – a State body which gives financial support to people who were abused in residential homes to help with things like housing, education, medical needs or counselling.

There were thirteen children in William’s family and he grew up near Daingean in Co Offaly, his life was turned upside down when his mother left when he was nine-years-old.

He told Independent.ie: “My parents were loving and did everything they could for us but eventually my mother just couldn’t cope and left the house.

“I remember we had no running water, no electricity, my father was trying his best to keep us all together but instead of providing support the Midland Health Board took us into care.”

Along with two of his brothers and three of his sisters, William was sent to Mount Carmel industrial school in Moate, Co Westmeath, which was run by the Sisters of Mercy.

He claims: “Sometimes it was okay but mostly it was Hell, I was emotionally, physically and sexually abused over the years.

“We would get beaten by priests, lay staff and nuns who were supposed to care for us.

“We were screamed and yelled at, I was told that I was useless, stupid, blind and hopeless, nobody would love or want me.

“I was humiliated, the way I was spoken to or about. The way they spoke to my family visitors and about me to them.

“I was isolated to confined space and often punished severely.

“Many times I got slapped and boxed across the face, I remember being locked in a hot press in darkness for hours until I was bruised and blistered.”

He has also spoken candidly to Independent.ie about allegedly being abused throughout his childhood by school staff, clergymen and other students.

William finished school when he was 16 but returned as he “couldn’t cope with the outside world” for years of after-care and left for good when he was 20.

William, who now lives in Dublin, opened up about the devastating impact the abuse has had on his life.

He said: “It’s affected me emotionally, I feel like it’s stopped me from doing a lot of things and I’ve quite a lot of unhappiness in my life.

“I find it hard to form friendships, getting close to people and trusting them is hard, I feel like I’m always watching myself.

“I haven’t been able to move on or have a life of love and happiness, it’s like a tension inside of you and you’re just supposed to be happy with what you have.”

William has been unable to find work and survives on a blind pension as he has a severe vision impairment.

He said that he received help of over €36,000 through Caranua but is unhappy with how they are run, particularly with their CEO Mary Higgins, who referred to abuse survivors as “damaged” earlier this year.

Ms Higgins has since withdrawn her comments but William says he won’t be happy until she steps down.

William said he was so hurt by her remarks that he returned his payment to them earlier this month by taking out a loan.

He said: “I find that Caranua can be judgemental to abuse survivors.

“Ms Higgins’ remarks also felt too deep, yes we’re damaged and even more damaged and re-abused, it brought up a lot of bad memories.”

William went on hunger strike earlier this month to highlight how distressed he is with the level of support given to abuse survivors here.

He said: “I feel like you have to go through so much and I’m not able to move forward with my life.

“I’ve written to the Taoiseach to see if I can arrange a meeting with him about this, I haven’t heard anything back and I think that shows the State doesn’t care about me or survivors.

“I feel all my life I’ve been trapped by the State, I’ve been silenced and told to be grateful for what I get, people don’t realise what mental torture this is.

“I feel I got forced to a point of having to go on hunger strike to show what I’ve been through.”

He began his hunger strike on July 10 and called it off after two weeks after meeting with the Department of Education regarding his issues and suggests that survivors need to be able to meet each and to express their concerns in a safe and fair environment.

He said: “I want people to have somewhere that they feel comfortable talking about things, that would be good for them.

“I think survivors have been ignored for too long and it’s about time we didn’t feel gagged.”

A Spokesman for Taoiseach Leo Varadkar told Independent.ie: “It’s not appropriate to comment on individual cases due to client confidentiality.

“This Department has received correspondence regarding a particular case involving matters which fall under the remit of the Department of Education and the Department of Social Protection.

“The Department followed appropriate procedures and asked officials in the Department of Education and the Department of Social Protection to contact the individual concerned at the earliest opportunity.

“That contact has been made and an offer of further assistance has been made.”

A representative for Caranua said that legislation “prevents Caranua discussing any details about an applicant or potential applicant with a third party without their written permission.”

Please note that victims of abuse may be triggered by reading this information. These links are generally UK based.

  • The Sanctuary for the Abused [A] has advice on how to prevent triggers.
  • National Association for People Abused in Childhood [B] has a freephone helpline and has links to local support groups.
  • One in Four [C]
  • Havoca [D].
  • Useful post on Triggers [E]  from SurvivorsJustice [F] blog.
  • Jim Hoppers pages on Mindfulness [G]  and Meditation [H] may be useful.
  • Hwaairfan blog An Indigenous Australian Approach to Healing Trauma  [J]
  • Survivors UK for victims and survivors of male rape or the sexual abuse of men [K]
  • Voicing CSA group [L] helps arrange survivors meetings in your area
  • A Prescription for me blog Various emotional support links [M]
  • ShatterBoys -“Male Survivors Of Childhood Sexual Abuse Inspiring change, Through Shared Experience Whilst Building Connections…Together We Can Heal[N]
  • Fresh Start Foundation Scottish not for profit group, helping child sexual abuse victims & survivors  [P]

Links

[1]  2017 Jul 31 Independent.ie ‘The State doesn’t care’ – Brave survivor of childhood sexual and physical abuse at industrial school http://www.independent.ie/irish-news/news/the-state-doesnt-care-brave-survivor-of-childhood-sexual-and-physical-abuse-at-industrial-school-35970264.html

[2] Caranua http://www.caranua.ie/

[3] Shame of Ireland website http://theenchantingvalley.ning.com/

Let justice be done though the heavens fall – Fiat justitia ruat cælum

Posted in cathy fox blog, Child Abuse, Childrens home, Eire Ireland | Tagged , , , , , , , , , , , , , , , , , , , | 3 Comments

[Le6] Lewisham Council – Whistleblower Documents 2 – Introduction to Leeways

Lewisham Council have been and still are delaying and obstructing legitimate Freedom of Information requests and consequently covering up child sexual abuse.

It is a criminal offence under the FOI Act to “alter, block, destroy or conceal information”. I believe that individuals in Lewisham Council are guilty at the least of blocking and concealing information, and so it may be that some individuals have to be reported for this offence.

I have now instigated a Stage 1 complaint against Janet Senior the person supposed to have carried out a Stage 1 Complaint Investigation into the Monitoring Officer of Lewisham Council, Kath Nicholson.

Janet Seniors Complaint Investigation into Kath Nicholson was so incompetent that it actually carried out a complaint into 3 people, although she has now admitted that she did this erroneously and that no complaint had been made against the other two. The investigation was a whitewash.

Kath Nicholson was working for Lewisham back in the 1980’s when the investigation into the failure of child care at Leeways report was being carried out by Elizabeth Lawson. So she is likely to know what secrets have been buried. Is this why she failed to carry out her duties as Monitoring Officer into the failings of Lewisham Council to answer my FOI requests into child sexual abuse? Perhaps its time for a change so that Lewisham Council can come clean.

Elizabeth Lawson was the lawyer who wrote the Leeways Report, into the failings of the child care system at Leeways Childrens Home which allowed child abuse Ronald Cooper to become manager and abuse children. Remarkably she was at the time the “go to” lawyer for Lewisham Council Child Protection. So the Leeways Report can hardly be said to be independent. Lewisham Council just paid their usual child care lawyer to do the investigation into what went wrong in child care at Leeways.

Only a small part of the child sexual abuse in Lewisham has come out at present. For documents now in the public domain see [Le4] Summary of Information on Lewishams Child Sexual Abuse Documents [5] and  [Le5] Lewisham Council – Whistleblower Documents 1 [6]

Lewisham Council has proved by its actions, that it wishes to cover up the child sexual abuse. Please could more whistleblowers and survivors come forward and tell their story – anonymously if you wish. I know that there are scared people who witnessed what went on in Lewisham. Those people who in the past have contacted me, please do so again.

I am thankful that there are kindhearted souls out there who care about children being sexually abused and wish the truth to come out about it.

Here are some more documents which help give the background on Leeways.

Whistleblower Documents 2 – Introduction to Leeways

 

Any more documents gratefully received le6jul2017@cathyfox.33mail.com

Please note that victims of abuse may be triggered by reading this information. These links are generally UK based.

  • The Sanctuary for the Abused [A] has advice on how to prevent triggers.
  • National Association for People Abused in Childhood [B] has a freephone helpline and has links to local support groups.
  • One in Four [C]
  • Havoca [D].
  • Useful post on Triggers [E]  from SurvivorsJustice [F] blog.
  • Jim Hoppers pages on Mindfulness [G]  and Meditation [H] may be useful.
  • Hwaairfan blog An Indigenous Australian Approach to Healing Trauma  [J]
  • Survivors UK for victims and survivors of male rape or the sexual abuse of men [K]
  • Voicing CSA group [L] helps arrange survivors meetings in your area
  • A Prescription for me blog Various emotional support links [M]
  • ShatterBoys -“Male Survivors Of Childhood Sexual Abuse Inspiring change, Through Shared Experience Whilst Building Connections…Together We Can Heal” [N]

 

 

Links

[1] Operation Greenlight Lewisham  https://webbrain.com/brainpage/brain/0FE31538-2121-8495-33A5-86073BE95DE1/thought/918#-25

[2] 2017 Jul 7 Cathy Fox blog [Le3] Lewisham Chief Executives Report https://cathyfox.wordpress.com/2017/07/07/le3-lewisham-chief-executives-report/

[3] 2017 Jun 21 cathy fox blog [Le2] Lewisham Council Obstruction of FOI Request https://cathyfox.wordpress.com/2017/06/21/l2-lewisham-council-obstruction-of-foi-request/

[4] 2017 Jun 19 Cathy Fox Blog  [Le1] News Articles on Leeways Childrens Home https://cathyfox.wordpress.com/2017/06/19/l1-news-articles-on-leeways-childrens-home/

[5] 2017 Jul 11 cathy fox blog [Le4] Summary of Information on Lewishams Child Sexual Abuse Documents https://cathyfox.wordpress.com/2017/07/11/le4-summary-of-information-on-lewishams-child-sexual-abuse-documents/

[6] 2017 Jul 17 cathy fox blog [Le5] Lewisham Council – Whistleblower Documents 1 https://cathyfox.wordpress.com/2017/07/17/le5-lewisham-council-whistleblower-documents-1/

[7] Operation Greenlight https://theneedleblog.wordpress.com/operation-greenlight/london/lewisham/

 

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