Priests accused of abuse allegations should not always be removed from their parishes, while parishioners have a right to a voice in any decision to remove a priest.
That's according to Galway Novena Co-ordinator Fr Tony Flannery who spoke at the novena on Monday.
In his opening talk, Fr Flannery expressed concern at standard practice for dealing with priests who face allegations. ?I know that abuse of children has been perpetrated by some priests and religious. It is important that those people be dealt with and removed from any possibility of causing further harm to children.
What I am concerned about is the procedure that takes place when an allegation is made against a priest. Irrespective of the seriousness or authenticity of the allegation, the priest is immediately removed from his parish and a public statement is made at Sunday masses the following Sunday.
This is effectively condemning the priest in public. From then on he is left, often with little or no support, to try to restore his good name. This would not happen with any other profession. Unfortunately priests do not have any union or support group to help them out in this situation,? he said.
Fr Flannery said that removing priests from their parishes is not always appropriate. If an allegation is made against a priest, perhaps an allegation that goes back 20 years or more, and there appears to be no current ongoing risk to children, then that priest should remain in his ministry until such time as the law takes its course. Furthermore the people of the parish have a right to have a voice in any decision as to whether or not that priest is withdrawn from that cinistry.
Speaking to the Galway Independent on Monday, Fr Flannery criticised calls for priests who have been cleared of abuse allegations, to be prevented from working with children in the future. He also claimed that priests are seriously affected by untrue allegations, and that people should not make judgements before the law has taken its course. There is a danger that a new system of law could develop where allegations become judgements. We don?t know how many of the allegations are false, he said.
President of the National Conference of Priests of Ireland Father John Littleton said that while the safety of children was paramount, it was not appropriate for priests to step aside in all cases. The clergy feel very vulnerable because even if there is no evidence they can be forced to stand aside. Of course the safety of children has to be the most important thing and there is a church guideline that anyone working with children should have unsupervised access to a child, which should be adhered to.
Father Littleton also said that the manner in which allegations against priests were made public ?had the potential to destroy people? and that priests good names couldn?t easily be restored.
Father Littleton also said that most priests abhor abuse and want to see abusers punished appropriately.
However 'One in Four', the charity that supports victims of sexual abuse, claimed that Fr Flannery's comments showed a lack of knowledge about child protection. One in Four is concerned that Fr Flannery's comments display little understanding of the issues central to child protection. Where a credible allegation has been made there is automatically a risk to children. This threat can be deemed to be of low, medium or high risk following assessment and investigation, but no one can determine that no risk exists.
Speaking to the Galway Independent on Tuesday, One in Four Director Colm O'Gorman said he believed that a problem exists in how news of allegations is made public by the Church, but that allowing priests to remain in their positions wouldn't be acceptable. I would agree that there is a real problem in the manner of announcements and bishops and church leaders need to pay close attention to that, but I don't think that the way to deal with it is to continue as if nothing has happened.
Mr O'Gorman said that if priests are cleared of allegations that every effort should be made to restore their good name.
Source
Paliamentary Question
Posted by News Editor
Tuesday, February 21, 2006
Claire Curtis-Thomas (Crosby, Lab) asked the the Secretary of State for the Home Department how many and what percentage of police officers have received training in basic interviewing skills.
Hazel Blears (Minister of State (Policing, Security and Community Safety), Home Office) replied: All police officers in England and Wales currently receive training in relation to the interviewing of victims, witnesses and suspects as part of their initial training. Officers are educated to PEACE (planning and preparation, engage and explain, account, closure, evaluation) tier one. This is a training programme specifically designed to equip officers with the requisite skills to conduct well planned, professional interviews in an ethical and efficient manner. This has been implemented by all police forces in England and Wales, although certain elements of the course can be tailored to meet specific needs within an individual force. PEACE has now been incorporated as a core module of the Initial Police Learning and Development Programme (IPLDP) under which new police officers' competence against national occupational standards is assessed.
Acknowledgement, Hansard
LOS ANGELES: A federal jury has awarded $18 million dollars to a teacher who was allegedly falsely accused of kidnapping and assault by an L.A. County sheriff's detective.
It's the largest award ever against the sheriff's department, and it could get even bigger when the trial enters its punitive phase today.
Raul Ramirez was arrested in 2002 after a student at the Compton school where he teaches identified him as the man who kidnapped her at gunpoint. She said he drove her to another location and demanded that she perform a sex act.
After a jury found Ramirez not guilty, he sued the Sheriff's Department, alleging that Detective Frank Bravo built a false case against him.
Ramirez alleged that Bravo knew Ramirez did not match the victim's description of her assailant but withheld that information until just before trial.
Source
The public (but not the press) is being cleared from the Edinburgh High Court in the Kerelaw case every time an accuser making allegations of a sexual nature takes the witness stand. As a result the following Press release has been issued.
FACT (Falsely Accused Carers and Teachers in the UK) says this is an appalling situation. Justice must not only be done but be seen to be done. Excluding the public from the trial seriously disadvantages the defendant. It also increases the risk of false allegations being made in the future since it removes an important level of accountability.
How else are the public to know whether the accounts given are true and justice is being done if they are denied an opportunity to hear the full story. In this case the accusers are not children but adults. If it was considered necessary; judicially, to provide witnesses with extra support they should be allowed to give evidence unseen (but not unheard) by the general public.
A FACT spokesman says that it is particularly important when allegations of historical child abuse are made that the general public should hear the evidence as the events being described relate to incidents which took place many years ago. Members of the public may therefore have vital information which is not generally known but which might assist the parties.
In other cases FACT has been able to assist defendants by providing Counsel with important information concerning the events alleged. A FACT spokesman said that it had plans to visit the Court and give support to the accused but is now unsure whether or nor their presence will be permitted.
Teacher Cleared After Pupil's False Claims
According to an article in the
Isle of Wight County News a teacher suspended after allegations made by pupils has been cleared of any wrong-doing.
The middle school students, who made false allegations that inappropriate images had been found on a computer, have been disciplined after an investigation exonerated the teacher.
The
National Union of Teachers said the case highlighted the strain teachers found themselves under when false claims were made.
John McGee, IW branch secretary, praised the school for taking action against the pupils involved.
"Children should be made aware of the consequences of their actions. It should be made very clear to people that making false or malicious accusations is not to be tolerated," said Mr McGee.
"The potential consequences for someone who is the victim of such allegations can be colossal. The individual concerned would have spent quite a horrible few weeks as a result of this unfounded charge.
"I have no idea what could have prompted the pupils to make such an unfounded allegation and it is entirely appropriate that they should be disciplined."
A statement from the school, which the CP agreed not to name, said the allegations involved the claim inappropriate images had been found on the teacher's computer.
The school said: "The police were asked to make an investigation, which included a thorough analysis of the computer.
"The police concluded the allegations were without substance and no offence had been committed.
"A further intensive investigation was carried out to see if the teacher had acted inappropriately and this has also concluded that there was no substance whatsoever to the allegations.
"Consequently that teacher suspension has been lifted and the teacher will return to school after half term."
17th February 2006
Professor Sir Roy Meadow today (17th Feb 2006) won his appeal against being struck off the medical register for giving misleading testimony that led to a mother being wrongfully jailed for the murder of her two baby sons.
A high court judge also overturned the General Medical Council's ruling that the senior paediatrician had been guilty of serious professional misconduct for providing "erroneous" evidence that helped convict Sally Clark of murdering her two sons.
The verdict against Ms Clark was later quashed.
Mr Justice Collins, sitting in London, said any witness giving evidence in a court of law was protected from civil prosecution or disciplinary action.
The judge said Sir Roy's actions in Ms Clark's 1999 trial could not properly be regarded as serious professional misconduct because "he had acted in good faith".
"It is difficult to think that the giving of honest, albeit mistaken, evidence could - save in an exceptional case - properly lead to such a finding," he said.
For further stories see
School in shock over death (20/10/2003)
David Baines, of Stockwell Grove (sic), Wrexham, passed away yesterday and will be sadly missed by pupils and staff at St Christopher’s School.
The dedicated support worker nominated his group of 30 pupils for the Evening Leader VIP trip to Dublin. Following a spate of vandalism and break-ins the kind-hearted worker told Leader reporters his youngsters deserved the prize and it would a dream come true for all of them.
Headteacher Maxine Grant, said: “We are all shocked and extremely upset and it is a very sad day for the school.”
Head tells inquest of meeting
By Selina Phillips
A HEADTEACHER has countered claims that a late member of staff was left in the dark about the reasons for his suspension.
In the early stages of the inquest into St Christopher’s School support worker David Baines’ death, his family claimed that he had been suspended without being given any reason, which caused him much distress
Mr Baines’ suspension was carried out in a meeting with the school’s headteacher Maxine Grant. According to Mrs Grant, during the half hour suspension meeting support and certain details were relayed to Mr Baines about the reasons for his suspension.
She said: “I said he was being suspending because of his personal conduct and he asked me to explain that, which I did. “He asked me if it was an allegation of child abuse and I said it wasn’t.“I think we tried to make the meeting as comfortable as we could and we spoke with Mr Baines on first name terms.
“We felt we were giving him a lot of support and we let him rule the pace of the meeting.” Mark George, acting for Mr Baines’ family, questioned why contemporaneous sources supplied by Mrs Grant shortly after Mr Baines’ death gave no indication of reassurances to Mr Baines’ questions.
Mrs Grant indicated that the statements that she had previously given were in no way verbatim accounts of what took place. A recommendation to suspend Mr Baines was put forward by a multi-agency group which had received transcripts of numerous calls made to Mr Baines by a 14-year-old former pupil who was in a secure unit in County Durham.
Mrs Grant said: “I can say that this was not acceptable behaviour for someone in Mr Baines’ position. “If a child phones a member of staff I would expect them to come and talk to me the next day from the first phone call.”
Procedures
Peter Harris, chief personnel officer for Wrexham Council, attended the inquest to comment on council procedures with regard to suspension from work. The court heard that a member of staff should be given as much information as is possible to disclose without interfering with an investigation into an allegation.
An examination of Mr Baines’ body showed that he had died from carbon monoxide poisoning. Since Mr Baines’ death new guidance has been issued by the Welsh Assembly Government about suspension procedures and interviews. Mr Boswell-Jones and Mrs Grant said they had not seen the new guidelines but would consider doing something different in the light of the new guidance.
Source: selina.phillips@nwn.co.uk. Wrexham Leader
Coroner also has concerns over way case was handled
By Selina Phillips
THE family of a support worker found dead in a fume-filled car say they will draw “some small comfort” from a coroner’s decision to urge Wrexham Council to review its suspension procedures.
Jacqueline Baines, of Rhosrobin, found her husband David, 57, dead the morning after he had been suspended from St Christopher’s special school.
Coroner John Hughes said he had profound concerns about the management of the case and that he would be writing to both Wrexham Council and the Welsh Assembly Government in a bid to prevent similar fatalities.
He said: “I agree Mr Baines’ death was not foreseen or foreseeable but I believe there was potential for its avoidance with the provision of appropriate information and an appropriate structured approach.
“The evidence I have is of a man in total anguish trying to find out the reason for his suspension unable to find any information to help him.”
Statement
The coroner indicated there was a protocol regarding suspension in the Wrexham Council authority but that it was only by way of a small short statement.
Mr Hughes said suspension meetings should be minuted and that 2004 Welsh Assembly Government guidelines about the handling of suspension procedures should be disseminated across the county borough.
He added: “That would go a considerable way to restore confidence in the system that I believe didn’t get the balance right on this occasion.”
Despite headteacher Maxine Grant’s indication that information was relayed to Mr Baines about his suspension his family believed this not to be the case and blasted the school's approach to his suspension.
Speaking after the inquest Mr Baines’ son Lee said: “The death of my father was a terrible tragedy and our family feel very angry that he took his own life because he was never told at the suspension hearing anything about the reasons for his suspension.
“Of even greater concern was that his understandable and entirely predictable questions as to whether a child had made an allegation of abuse were never answered. As a result he was left to imagine the worst and in that frame of mind he took his own life.
“Our family firmly believe he would still be alive today if his suspension had been conducted in a more professional and sympathetic way.
“We draw some small comfort from the belief that as a result of this inquest and the coroner’s decision to report the failing in this case to the relevant authorities a similar tragedy in the future may be avoided.”
In a statement Wrexham Council’s strategic director, Terry Garner, said: “Wrexham County Borough Council would like to offer its heartfelt condolences to Mr Baines’ wife and family. That Mr Baines took his own life was a tragic and completely unforeseen outcome.
“Wrexham Council has well-established and carefully formulated procedures governing the suspension of members of staff where it is judged necessary to do so. Those procedures emphasise that suspension is a neutral act and not a disciplinary penalty.
“The decision to suspend Mr Baines was taken conscientiously by responsible professionals acting in accordance with those procedures and doing their best to balance their child protection obligations against his employment rights.
“The county borough council will of course take careful note of the coroner’s comments.
Questions
A spokesman for Falsely Accused Carers and Teachers present at the inquest said: “David Baines’ case raises many questions about society’s attitude towards carers and teachers. David Baines was let down by the police, his employers and social services, all of whom acted hastily and made serious errors of judgement.”
At the end of the four-day inquest the coroner delivered a narrative verdict stating that a note had been found giving reasons for Mr Baines’ actions.
The cause of death was given as carbon monoxide poisoning due to inhalation of car exhaust fumes.
A Welsh Assembly spokesman said: “The Education and Lifelong Learning Minister and the unions together recognised this was an issue in 2003. Therefore Wales was the first part of the UK to consult on this issue. We expect local authorities to take account of the guidance and abide by them.
“We await with interest the letter from the coroner.”
Source: selina.phillips@nwn.co.uk. Wrexham Leader
The following Press statement was released in response to the David Baines case.
What Price Child Protection?
David Baines was a hardworking, caring man who would help any one in need. It is therefore particularly tragic that he should take his own life wrongly believing that he was accused of abusing the very children that he cared so deeply about. His death is a tragedy for his family and for all those who knew and admired him. It is also a tragedy for all those children whose lives were enriched by his kindness and consideration, and are now that much poorer for his loss.
David Baines' case raises many question about society's attitude towards carers and teachers. Society is far too eager to find fault where none exists. David Baines was let down by the police, his employers and social services all of whom acted hastily and made serious errors of judgement. He would not have died had the proper procedures and safeguards been followed and the necessary support systems been in place. His employers must have known the impact suspension would have on a caring and sensitive man. By not following sensible procedures they have shown a callous disregard for human life.
It should have been clear to Wrexham Council in the present climate that the fear of an allegation of child abuse being made is so strong that it can result in a person taking their own life. (F.A.C.T. is aware of other cases in the UK where innocent people accused of child abuse have taken their own life). Carers and teachers can be confident of two things; firstly that they are especially vulnerable to false allegations of child abuse and secondly that when such allegations are made their careers and reputation are destroyed - even in cases where the allegations made are proved to be false.
F.A.C.T. (Falsely Accused Carers and Teachers) has long been concerned about the oppressive way Wrexham Council treat staff accused of child abuse. They have created a climate of fear and a feeling that they are simply not concerned about the need to support members of staff.
F.A.C.T. calls on the Welsh Assembly and Wrexham Council to launch an immediate inquiry into the events concerning Mr Baines' suspension so that lessons can be learned and no other person or family is through the ordeal which David Baines and his family have suffered.
For further information on this tragic story see
Mark George represented the deceased's family at the inquest, instructed by Thompsons solicitors.
A school worker who killed himself believing he was being accused of child abuse, should have been given more information when he was suspended from his job, a coroner has said.
John Hughes said the death of support worker David Baines, 57, from near Wrexham, was unforeseeable but did have the potential to be avoided.
Mr Hughes delivered a narrative verdict at the end of a four-day hearing.
He is calling for changes in the handling of suspensions.
Mr Hughes said he would be writing to both Wrexham Council and the Welsh assembly urging a change in procedure.
Recording his verdict, the north east Wales coroner said: "The death of David Baines was not foreseeable but there was a potential for its avoidance."
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 The death of my father was a terrible tragedy and our family feel very angry that he took his life because he was never told at the suspension hearing anything about the reasons... 
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The inquest heard Mr Baines had killed himself in October 2003, the day after he was suspended from St Christopher's Special School.
Head teacher Maxine Grant had defended her handling of a meeting during which Mr Baines was suspended and a decision not to inform him what the exact reasons were.
The inquest heard that it was in fact a matter of "personal conduct" but relatives said Mr Baines believed he was being accused of child abuse. Officials, the court heard, had also been wrongly informed by police that Mr Baines had previous convictions for wounding and dishonesty.
In fact, the convictions belonged to another man with the same name - an error discovered only after Mr Baines' death.
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I sincerely hope that what I have to say will not be ignored
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The court was told that Mr Baines had been phoned almost nightly by one 14-year-old former pupil detained in a secure unit, but Mr Baines' widow Jacqueline said the calls were always above board.
Delivering a narrative verdict, Coroner John Hughes also called for more training for senior school staff in how to manage the suspension process.
"That would go some way to restoring confidence in the system. It didn't get the balance right on this occasion," he said.
Describing some of the evidence as "harrowing", he said he sincerely hoped his advice to the authorities would not be ignored.
Addressing Mr Baines' widow, he said her husband had been described during the hearing as an "enthusiastic and valuable member of staff and I hope you will cling to that".
Outside the inquest, Mr Baines' son Lee spoke of the family's anger.
"The death of my father was a terrible tragedy and our family feel very angry that he took his life because he was never told at the suspension hearing anything about the reasons for his suspension," he said.
Mr Baines was an education support worker at the Wrexham school |
"As a result he was left to imagine the worst."
Also after the hearing, the organisation F.A.C.T ( Falsely Accused Carers and Teachers) issued a statement saying the case raised "many questions about society's attitude towards carers and teachers".
"He would not have died had the proper procedures and safeguards been followed and the necessary support systems been in place," it read.
Wrexham Council said it would take careful note of the coroner's comments but said Mr Baines' suicide was a "tragic and completely unforeseen outcome".
"The decision to suspend Mr Baines was taken conscientiously by responsible professionals acting in accordance with those procedures."
Charges are dropped against former Citrus County Judge Gary Graham, who had been accused of fondling two 10-year-old girls.
Prosecutors announced this morning that they will drop criminal charges against former Citrus County Judge Gary Graham, who had been accused of fondling two 10-year-old girls.
Graham faced three felony counts: one of sexual battery on a child younger than 12 and two of lewd and lascivious conduct. Authorities had said Graham touched the girls while they were in their beds one night in December 2003.
Graham, 58, pleaded not guilty and his case was set for trial in May.
But serious evidence problems cropped up. One of the children recanted her accusation, Assistant State Attorney Richard Buxman wrote in a memo to his boss, State Attorney Brad King. The mother of one of the children admitted making false statements to an investigator. The woman, who was Graham's girlfriend when the alleged sexual abuse happened, said during a deposition that she made the false statements because she was angry at Graham, Buxman wrote in the memo.
"The corrobrating statements of the children about the abuse and the consistent details they provided to law enforcement was the main strength of the case," Buxman wrote. "The recantation of two major witnesses has now become the greatest weakness in this case."
As for the second girl, she "has never wavered or vacillated in her allegation of being touched" by Graham, the prosecutor wrote. And the State Attorney's Office does not doubt her.
She and her family initially told law officers the abuse happened in February 2004; additional investigating showed that any such contact could have happened only between Christmas 2003 and early January 2004, Buxman wrote.
"Although we know a child would be unlikely to recall specific dates, the significant conflict in dates is yet another factor to raise doubts in the minds of jurors," the prosecutor wrote.
"In summary," he wrote, "the fact that two witnesses have admitted to being untruthful and recanted their testimony, the loss of previously existing corroborating testimony, no physical evidence, conflicts in date of abuse, my ability to sustaint a conviction at trial has been significantly compromised to the point I don't feel I can ethically proceed to trial."
Graham was elected Citrus County judge in 1986 and served until 1993, when the Florida Supreme Court removed him for judicial misconduct.
In kicking Graham off the bench, the high court had this to say: "As a county judge, Graham made what he perceived to be a valiant effort at ridding Citrus County of the political favoritism and government corruption that caused the demise of his predecessor. His zealous pursuit of a pure society apparently clouded his ability to impartially adjudicate the matters before him. His motives are acceptable, but his methods are not."
And: "We recognize that Graham is not dishonest, venal or guilty of moral turpitude."
In his separate, concurring opinion, Justice Parker McDonald wrote: "No one claims, or even suggests, that Judge Graham is dishonest. The record supports that he is in fact genuinely honest."
Magistrate accused of turning paedophile case into witch-hunt is interrogated by politicians live on TV
A YOUNG magistrate with the face and haircut of a Boy Scout became the focus of nationwide attention in France yesterday as he defended his role in a paedophile case that has turned into one of the greatest miscarriages of justice in recent French history.
The main French television channels scrapped afternoon programmes to show Judge Fabrice Burgaud’s appearance before a parliamentary committee inquiring into the affair.
“I do not pretend to have carried out my investigation perfectly,” he said. “Could I have acted differently? With the benefit of hindsight, certainly. Did I make mistakes? Probably. Who does not? What examining magistrate does not?”
The judge, 34, has come to symbolise the failings of French criminal justice after leading the investigation into what he mistakenly thought was a child abuse network in Outreau near Calais in northern France.
The case has similarities to the Cleveland scandal in Britain in which 121 children were removed from their families in 1987.
In his first posting after leaving the French National School for Magistrates, Judge Burgaud imprisoned 18 people, including a bailiff, a baker and a priest, on suspicion of sexual assault amid claims of orgies, bestiality and bodies buried in a Belgian farmyard.
But three years later, 13 of the defendants were acquitted when it became clear that the paedophile ring had never existed. “L’affaire Outreau” was in fact a sordid but minor case involving two couples. The child abuse network had been invented by a disturbed child unable to distinguish fact from fiction after being raped by his mother and father.
One defendant, François Mourmand, committed suicide in jail before his innocence was demonstrated. Another, Alain Marécaux, tried to take his life last month, but was saved. In a personal letter of apology to the families, President Chirac said that the affair was a “disaster” for French justice.
Seven of those wrongly imprisoned by Judge Burgaud were at parliament to hear his testimony, along with M Mourmand’s sister, Lydia. She was holding a large photograph of her late brother, which she kissed from time to time as the magistrate spoke.
Pierre Martel, 57, a taxi driver who was among those acquitted said: “I feel sorry for him. He looks like a little boy.”
Judge Burgaud, who is described by his critics as arrogant and inflexible, has received hate mail and death threats since the appeal hearing last year. He looked frail, pale and unsure of himself yesterday as he sat before the committee at the National Assembly in a grey suit and blue tie.
“I am terribly shocked to have been presented as a machine who applies the law without humanity,” he said in a hesitant voice.
Judge Burgaud said that his work had been checked and approved by other magistrates, lending weight to claims that he has become the scapegoat for a wider failure that demands an overhaul of the French legal system.
French Judge Unrepetent
Posted by News Editor
Thursday, February 09, 2006
French judge defiant on sex trial
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A magistrate at the centre of a trial France's president called a "disaster" has insisted he acted correctly.
Fabrice Burgaud, an investigative judge who falsely imprisoned several people on paedophilia charges, defended his actions to a parliamentary inquiry.
Lawyers say he questioned the three chief suspects together, allowing them to fabricate stories about a paedophile ring in the northern town of Outreau.
Thirteen people, including a priest, were eventually acquitted. One suspect committed suicide while in detention.
Much of the evidence given by children during the trial was found to be inconsistent and a number of experts were discredited.
President Jacques Chirac called the trial an "unprecedented judicial disaster".
'Errors'
Mr Burgaud, who conducted pre-trial investigations, placed all 17 suspects in preventive custody for years and barred them from seeing their own children.
In testimony carried live on French television, he told French deputies that no-one had warned him he was on the wrong path.
Looking tired and drawn, he told the panel he was acutely aware of the victims' suffering, but insisted that he had done his job dutifully. The judge, 34, said other magistrates ad rubber-stamped his decisions.
"I know this has shocked people... but I repeat that I believe I did my job honestly without taking sides in any way," Mr Burgaud said.
However, in an opening statement to the panel, he admitted that he had "perhaps" made "errors of appreciation".
Christian Godard, one of those acquitted in the case and who attended the hearing, said: "It will do me good to go to see him. I'm not going to speak to him, to say anything to him, but I'm going to show him I'm not scared."
The cross-party committee of 30 French MPs is looking into ways of reforming the French justice system (more)
Acknowledgement BBC
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The Irish Court Service have now placed the judgement in the disturbing case of Sister Nora Wall online (here).
On 10 June, 1999, Nora was convicted by the Central Criminal Court of rape and of indecent assault. She was later sentenced to imprisonment for life for the offence of rape and to 5 years imprisonment for indecent assault.
Nora was accussed by Regina Walsh and her witness Patricia Phelan both of whom had made multiple unsubstantiated allegations against family members and others over a period of time. Apart from the Nora Wall case only one of these allegations - by Patricia Phelan against Michael Fitzpatrick - had even reached the courts. It was dismissed by a judge who would not let it go to a jury.
Ironically it was Michael Fitzpatrick who was largely responsible for the collapse of the case against Nora Wall. He read a report of the conviction of Nora Wall in the newspaper and recognised Patricia Phelan's name.
What is particularly distburbing in this case is that the prosecution authorities had taken a decision not call Patricia Whelan a witness in this case because of her unreliability but that this decision was communicated to the defence and to the Court.
In this case injustice (a term of life imprisonment) was caused by a serial false accuser and compounded by legal incompetance and by the police who knew this to be the case. Justice was achived due to the hard work of Nora's legal team and her suuporters but largely a matter of was sheer luck in that Michael Fitzpatrick read of the case in the paper.
The case is also important in that it is one of the few 'recovered memory' cases in Ireland and the only one which resulted in a conviction. No doubt it is sheer co-incidence that the target of the allegation was a nun!
Some local authorities are wasting public money by making schools carry out unnecessary Criminal Records Bureau checks on staff, a teaching union says.
The NASUWT says increasing numbers of local authorities are asking schools to check existing teachers' records.
It says this is a "gross over-reaction" which could cause distress to dedicated members of staff.
The Department for Education says new staff must be vetted - but schools need not make retrospective checks.
False allegations
Chris Keates, NASUWT general secretary, said the checks would cause a financial burden to schools, as each costs £34, and councils insist that schools foot the bill.
She added: "There is real potential for teachers to suffer as a result of these checks.
"Someone who has already been through the trauma of a false allegation could find that soft information is still on police files and the whole sorry problem will be dragged up again." (more)
The BBC have reported (full report here) that police in East Yorkshire have launched a major child sex abuse inquiry following allegations against teachers at two schools in Bridlington.
East Riding Council says it follows an allegation against a teacher last year. After further allegations, other teachers are also now being investigated with one suspended earlier this month, the council says.
If you are employed at any of these schools and are under suspicion for something for which you are innocent please get in touch. We may be able to help you.
The following extracts from a paper given by Justice Munby (High Court Judge) at Jordan's Family Law Conference, in October 2005 may be of interest to those who are calling for reform in the Family Court System.
"ACCESS TO AND REPORTING OF FAMILY PROCEEDINGS - A paper given at Jordan's Family Law Conference, October 2005, London
There is much wrong with our system and the time has come for us to recognise that fact and to face up to it honestly. If we do not we risk forfeiting public confidence. The newspapers - and I mean newspapers generally, for this is a theme taken up with increasing emphasis by all sectors of the press - make uncomfortable reading for us. They suggest that confidence is already ebbing away. We ignore the media at our peril. We delude ourselves if we dismiss the views of journalists as unrepresentative of public opinion or as representative only of sectors of public opinion we think we can ignore. Responsible voices are raised in condemnation of our system. We need to take note. We need to act. And we need to act now.' Nor do I make any apologies for repeating something else I had said just a week or two earlier (Re B (A Child) (Disclosure) [2004] EWHC 411 (Fam), [2004] 2 FLR 142, at [101] and [103]):
......'We must... have the humility to recognise - and to acknowledge - that public debate, and the jealous vigilance of an informed media, have an important role to play in exposing past miscarriages of justice and in preventing possible future miscarriages of justice ... We cannot afford to proceed on the blinkered assumption that there have been no miscarriages of justice in the family justice system. This is something that has to be addressed with honesty and candour if the family justice system is not to suffer further loss of public confidence. Open and public debate in the media is essential ....
..... I repeat what I have said on previous occasions. The workings of the family justice system and, very importantly, the views about the system of the mothers and fathers caught up in it (and, I would add, the views of the children) are, as Balcombe LJ once put it (Re W (Wardship: Discharge: Publicity) [1995] 2 FLR 466, at 474), 'matters of public interest which can and should be discussed publicly'.....
..... Many of the issues litigated in the family justice system require open and informed public debate in the media, which at present, all too often, they do not get. It is important in a free society (see Harris v Harris, Attorney-General v Harris [2001] 2 FLR 895, at [360]-[389]) that parents who feel aggrieved at their experiences of the family justice system should be able to express their views publicly about what they conceive to be failings on the part of individual judges or failings in the judicial system:
We are grateful to Jack for bringing this to our notice
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