Docstoc

SAFARI

Document Sample
SAFARI Powered By Docstoc
					    Issue
      39
                                     SAFARI
                                Supporting All Falsely Accused with Reference Information
                                                                                                              February
                                                                                                               2007
                                               Web Site: http://safari-uk.org


ANONYMITY FOR FALSE ACCUSERS under             We already know that the Police have        SAFARI would like to remind those
review: Lord Goldsmith QC, the                 a ‘duty’ to follow-up all avenues of        campaigners that the suggestion is that
Attorney General, has said that the            investigation, whether they point           it is only the anonymity of those who
Government is “actively” considering           towards or away from the suspect, and       falsely claim rape that is under review.
whether the law on anonymity for               this, combined with the Prosecution’s       Protecting the innocent from wrongful
complainants in sex offence cases              ‘responsibility’ as outlined by Lord        convictions does nothing to endanger
needs to be amended. This was being            Goldsmith, sounds all fine and dandy.       the welfare of genuine victims who do
done “in the light of the Court of Appeal                                                  not      make      false       accusations.
                                               However, the Police had that duty, and
judgment in the Blackwell case” and he                                                     Imprisoning the innocent does not
                                               the Prosecution had that responsibility,
hoped a decision would be reached                                                          protect victims – it creates them. We’re
                                               BEFORE         Leslie    Warren     was
“soon”.                                                                                    all trying to protect the innocent. Let’s
                                               imprisoned for a rape which never
                                                                                           not lose sight of that vital fact.
Lord Campbell-Savours referred to a            happened – and those duties and
case of false accusation against Leslie        responsibilities were ignored then –        ADAM SNAPE, of Kidderminster, became
Warren, whom the Court of Appeal               what makes Lord Goldsmith think             an innocent victim of the police
freed in 2004 after being told that a          anything has changed? Until Police          crackdown on car crime after he was
detective had failed to pass on                Officers and Prosecutors start actually     stopped and ordered to pay a £200
information that the woman, who later          being charged with perverting the           on-the-spot fine for ‘not having a valid
admitted that she had lied, had made           course of justice when they ‘fail to        tax disc’. He was driving the car when
false allegations against other men. He        disclose’ relevant information, they will   he was pulled over by a motorbike
asked whether the Government would             continue to do it. Particularly when the    officer. A check on the ANPR system
name the accuser in this and other             media clamours for ‘more successful         ‘showed’ that he had no valid tax disc -
false rape cases which had been                prosecutions in rape cases’.                even though he had bought six
referred by the CCRC to the Court of                                                       months’ tax in September and the valid
                                               False accusers could be made to give
Appeal as “unsafe due to false                                                             tax disc was displayed on his car! The
                                               DNA samples in case they accuse
accusations”.                                                                              officer told him he would have to pay a
                                               more men - a controversial move
                                                                                           £200 on-the-spot fine, and would not
Lord Goldsmith replied: “No. Unless            which would nail serial accusers who
                                                                                           be able to drive his car until the tax
and until Parliament has decided to            try to avoid being found out by using
                                                                                           disc had been renewed. Adam’s wife
amend the law, it is not for the               false names. Judges are already to be
                                                                                           Tracey even took the receipt for the tax
Government or anyone else to name              given discretion to name people who
                                                                                           disc to the police officer to prove that
complainants in rape cases, and by so          make repeated phoney claims of sex
                                                                                           he had bought the tax disc - but
doing remove the anonymity that                attack. Lord Goldsmith is considering
                                                                                           despite this he was forced to hand over
Parliament has chosen to confer.”              making such people supply DNA so
                                                                                           the £200, and was left without a
                                               their identities can be checked in any
Lord Campbell-Savours asked: “Who                                                          vehicle to drive for five days over the
                                               future case. Lord Campbell-Savours
and what is to stop the false accuser in                                                   Christmas period, leaving him unable
                                               said:    “Rape     trials  are    being
the case of Leslie Warren, who has                                                         to visit friends and family. On
                                               undermined by serial accusers. This
now been released from prison, from                                                        December 27 he went in person to the
                                               plan would help genuine victims.”
making more false allegations against                                                      Worcester branch of the DVLA - where
more innocent men? Is she to be left to        Campaigners against rape described          he was told there had been ‘a mistake’.
carry on making further allegations, in        any move to weaken the protection for       The DVLA returned his £200 and
conditions in which men can do very            complainants as ‘outrageous’. Lisa          updated their system. It would be nice
little about it until they get to the          Longstaff, of Women Against Rape,           to think that there had been some
courts?”                                       said such a proposal would serve only       compensation for the spoiling of his
                                               to discourage women from coming             family’s Christmas - but as far as we
Lord Goldsmith’s reply was: “In the                                                        are aware no such gesture has been
                                               forward to make complaints in the first
event that any further allegations were                                                    made.
                                               place, and urged ministers to think
brought by this particular complainant,
                                               again. “In the context of rape
then so far as is possible it would be                                                     Reminder: The United Campaigners
                                               conviction rates being no more than
the responsibility of the prosecution to                                                   For Abuse Investigation Reform
                                               five per cent it is outrageous for the
disclose to any defendant what had                                                         (U-CAIR) are holding a National
                                               Government even to contemplate
happened before. That was the basis                                                        Spring-Time Awakening Day on
                                               relaxing the protection. We are pushing
of the Court of Appeal’s decision, that                                                    Tuesday 27th March 2007 (11.30am to
                                               for a tightening of the law and have
certain disclosures had not been made                                                      2.30pm). For more details please see
                                               written to the Attorney General to voice
relating to previous allegations.”                                                         SAFARI newsletter issue 38 or visit the
                                               our concerns.”
                                                                                           SAFARI website.


Donations very much appreciated at:                         a/c name: ‘SAFARI’, Sort Code: 30-92-02, a/c No.: 2702360
                   Or hit the
               button on the
                                                                             Contact us by eMail at SAFARI_Editor@yahoo.co.uk
                    website!                                                            (‘snail mail’ address available on request)

  (We can accept no responsibility for errors in this newsletter as we only share information received)
ANDREW ADAMS, who was found guilty            Andrew, speaking outside Court, said         CLAIRE CURTIS-THOMAS asked in the
of shooting dead 58-year-old Jack             he was delighted to be free, but angry       House of Commons whether changes
Royal in Newcastle in 1990 and spent          that he had ever been convicted. “I feel     have been made to guidance on the
more than 14 years of his life in jail,       bitter that my original trial lawyers let    investigation of historic child abuse
has been freed by the Court of Appeal         me down so badly. At the time I was          since 2002. Mr Coaker (Parliamentary
after judges ruled his conviction was         charged I was 21 years old. I turned to      Secretary for the Home Office) gave a
“unsafe”     following  a   relentless        them for help and assistance which I         written answer on 8th January 2007
investigation by Scott Marcroft of the        did not get in the way I ought to have       saying: “In 2002 the Association of
CCRC, and a second appeal.                    done. There are many questions which         Police Chief Officers (ACPO) produced
                                              remain unanswered and I have little          ‘Child Abuse—the Investigation of
Andrew’s Appeal made legal history:
                                              faith that they        will    ever   be     Historical Institutional Child Abuse’, a
this was the first case in which former
                                              investigated.”                               manual designed to provide senior
jurors gave evidence. Andrew had
                                                                                           Investigating Officers with guidance,
always maintained his innocence, and          Andrew’s original trial followed an
                                                                                           strategic options and good practice
said he had been deprived of a fair trial     unsuccessful prosecution of Walter
                                                                                           when investigating cases of historic
by incompetent defence representation         Hepple for the murder, and only came
                                                                                           child abuse. ACPO is currently revising
and because the prosecution had               about following ‘information’ from the
                                                                                           the manual and aims to produce
failed to disclose evidence. His appeal       main prosecution witness, Kevin
                                                                                           updated guidance in the New Year.
lawyers also argued the original trial        Thompson (one of Andrew’s former
judge had made summing-up errors              schoolmates). As a result of the             PETER RAINEY has been cleared of
and that the jury were given                  Defence team’s failure to prepare            raping and indecently assaulting a
inadmissible evidence.                        properly for trial, the jury did not hear    13-year-old girl in the 1980’s. It was
                                              significant evidence about Kevin             suggested that the girl, who is now a
Three Appeal Court judges ruled that
                                              Thompson. They never learned that            grown woman, had made up the
individually the criticisms and failures
                                              Thompson had two ‘off the record’            allegations as a result of her dealing
did not warrant the conviction being
                                              conversations with Northumbria police        with her parents’ divorce and a
quashed, but that taken together they
                                              officers, each conversation happening        financial matter.
did. Lord Justice Gage said a failure to
                                              the      day     before      Thompson’s
use evidence relating to three topics                                                      MARIA MARCHESE, who falsely accused
                                              ‘information’ was given to the Police in
which were available to the defence                                                        a psychiatrist of rape during a four-year
                                              the form of grave allegations against
before the trial demonstrated that “the                                                    hate campaign, has been jailed for
                                              Adams. An earlier tape-recorded
legal advisers at trial had failed”.                                                       nine years - four and a half years for
                                              interview     with      Thompson     also
                                                                                           harassment and threats to kill, and the
He ruled: “It was this deficiency in pre-     ‘disappeared’         in       mysterious
                                                                                           same again for perverting the course of
trial preparation which caused the            circumstances. As the Crown now
                                                                                           justice. She backed up her rape claims
failures which we have identified. It is      accepts, the police had offered
                                                                                           by     stealing     a   condom       from
difficult to conclude that the criticisms     Thompson a deal: by testifying against
                                                                                           Dr Falkowski’s dustbin and smearing it
and failures which we have found in           Adams, Thompson escaped a prison
                                                                                           on her underwear. In texts and eMails
respect of any one of the individual          sentence for tying up an elderly couple
                                                                                           to his fiancée, Deborah, she told her
topics were, on their own, sufficient to      and robbing them in their home at
                                                                                           that she would be burnt in her wedding
render the verdict unsafe but we are          gunpoint. In Adams’ first Appeal, in
                                                                                           dress, “dig your own grave”, and “your
quite satisfied that, taken together,         1997, the Court of Appeal described
                                                                                           life will end, gunman paid”. Following
cumulatively they were sufficient to          the way in which the police
                                                                                           the false allegations, Dr Falkowski was
render the verdict unsafe.”                   documented        their    contact   with
                                                                                           suspended from work and only
                                              Thompson        as     “deplorable    and
Solicitor Ben Rose (of Hickman and                                                         escaped a rape trial after last-minute
                                              inexcusable” and “to say the least,
Rose Solicitors, 144 Liverpool Road                                                        evidence appeared. Judge John Price
                                              surprising”.
London, N1 1LA) said: “I’ve been                                                           said that Maria Marchese had caused
working on this steadfastly for six years     Now Andrew Adams plans to fight on           “enormous suffering”.
so it is satisfying to finally achieve this   behalf of his friend Andrew Davies,
                                                                                           Thanks to Terry McCarthy (Parole Board for
result. … This is a great day, a sad day      who is serving life for murder. He said:
                                                                                            England and Wales) for statistics of those
and a shameful day. It is a great day         “Just because I’m free doesn’t mean              granted release on Parole despite
because, after spending 14 years in           I’m going to forget others - and Andrew                maintaining innocence.
prison for a crime he did not commit,         isn’t the only one. I could give a list of     Figures for month of December 2006
Mr Adams’ conviction has finally been         people serving lengthy sentences with
                                                                                           Non-lifers:
quashed. It is a shameful day because         little evidence against them.”
                                                                                           All offences         9 of 49 18.4%
the material which has led the Court of
                                              USE YOUR SOLICITOR! If you want more         Rape                 3 of 21 14.3%
Appeal to quash Mr Adams’ conviction
                                              information about any case we                Indecent Assault     1 of 5 20.0%
was there for his original lawyers to
                                              mention, ask your solicitor to locate        Other Sex            0 of 5 0.0%
examine - something they failed to do.
                                              and contact the other person’s solicitor.
Finally, it is a sad day because Mr                                                        Violence             1 of 2 50.0%
                                              They will be able to find out far more
Royal’s murderers are still at large”.                                                     Property             2 of 6 33.3%
                                              than we can – we have to rely primarily
                                              on Internet searches, and the                Drugs                1 of 2 50.0%
He said the failures of the original
defence team was “one of the unique           information we glean from those is           Others               1 of 8 12.5%
features that made this difficult for         inevitably incomplete. In addition, your
lawyers to investigate” and lamented          own solicitor will be able to focus on       Total Sex                      4     of 31 12.9%
the pressure put on police to secure a        those aspects of the case which are          Total Non Sex                  5     of 18 27.8%
conviction as a major reason for the          most relevant to your own case, rather
miscarriage of justice.                       than on a ‘snapshot’ view.                   Lifers only                    0     of 9        0.0%
                                                                                                [ One of the lifers remained in open conditions]

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:7
posted:9/2/2011
language:English
pages:2