Why legal aid reforms must be stopped, Exhibit C: the "paedophile"

Innocent people could be in jail if proposed changes to the legal system are implemented. Here is one of them.

This post is one of a series that seeks to dispel the myth that everyone who ends up in court is a scumbag criminal. It is another example of how easy it is for good guys to end up in court. It is another case that illustrates why everyone should be entitled to independent, quality, legal representation and the chance to go to trial and clear their name.

At the moment your rights are under threat from proposals in the MOJ consultation paper Transforming legal aid.  I hope that reading this post will help you understand what these proposals will mean for our justice system.  I hope that once you understand you will want to sign the Save UK Justice petition to have these proposals debated in parliament.

NB: this is a true story. Certain details that don’t relate to the factual and legal process have been changed to protect those who were involved.

Warning: this is about a little boy who was sexually abused. It may be triggering. Please don’t read any further if you might be affected.

In the beginning

I first heard about Exhibit C over dinner. My husband was complaining about being on another child abuse case. He would love to be able to refuse work like this, but due to the Cab Rank rule he can’t.

From the initial papers it looked obvious that Exhibit C was guilty. This is often the case, that is the purpose of prosecution papers. Over the next few weeks more papers trickled in (the CPS rarely serve everything at once when they can string it out) and the evidence became compelling.

Exhibit C’s 6 year old son had told two of his friends that his daddy had done horrible things to him. The friends told their mums. The mums went round to the little boy’s house to tell his mother.  They repeated what their children had said to the mother and her new husband. The husband spent an hour or so talking to the little boy. The husband relayed what the little boy said to the police. The little boy (my husband would say “the complainant”) had been interviewed by the police and repeated the allegations. There were no inconsistencies.

Stereotypes

As the trial date drew nearer my husband set up a meeting with Exhibit C. Often he has to go to prison to meet clients but as Exhibit C had never been in trouble in his life he was out on bail, even though he had been accused of horrible crimes against his own son.

Exhibit C was not who my husband was expecting. I know we are not supposed to stereotype, and paedophiles can be hiding in plain sight and look just like the rest of us. But when you have met as many sex offenders as my husband has, you know that they do tend to be of a certain “type”. Usually a combination of greasy, smelly, creepy, inadequate, waster.

Exhibit C came across as a stable, humorous, articulate grafter. He said he hadn’t done it and would plead not guilty. Clients often say they aren’t guilty. If they say they are not guilty that is the way that my husband will play it. He wasn’t there at the time of the alleged offence, so he doesn’t know if they are guilty or not.

Video nasties

A few of days before the trial was due to start the transcript of the little boy’s 2nd police interview arrived, along with the DVD recordings of the interviews. Another late night watching video nasties for my husband.

The CPS has guidelines for getting good quality evidence from interviews with children. Right at the start of the interview the supposedly specially trained police officer deviated from the established protocol. He denied the little boy the opportunity to give a “free narrative account” of what had happened. Instead he sought to confirm what his mother’s husband had said.

His day in court

The trial began. Three days into the case the little boy gave evidence via video link. As is customary, all the barristers and the judge removed their wigs and gowns. Next it was my husband’s turn to cross examine the little boy. This is a horrible job, one that preys on the lawyer’s mind for weeks before and after the event itself. It is very difficult to find a balance between protecting the interests of the client and being sympathetic to a small child in an alien situation.

During cross examination the little boy kept referring to his step father as “daddy”, then quickly correcting himself and using the step father’s first name. It became clear that there were two “daddies” in the little boy’s life. Both Exhibit C AND his stepfather were “daddy”. The little boy said that he really missed his daddy (that is, Exhibit C). They hadn’t been able to see each other for over a year. Despite all of the horrible things that his father had been accused of doing to him, this was the only time that the little boy cried.

The step father was next to give evidence. His behaviour was distinctly odd, overly dramatic and emotional. His own evidence in chief destroyed his credibility before cross examination started. Remember that he was not in court to hear the little boy’s evidence, so he had no idea that what he was saying appeared to be complete rubbish.

Court broke up for lunchtime. My husband marched out of the building saying to himself “he did it. That b$*&ard bloody well did it”.

After lunch my husband cross examined the step father. He was evasive. He contradicted what the little boy had said. He showed himself to be a wolf in sheep’s clothing.

The Perry Mason moment

You can probably guess what is coming now, it is this blog’s first screenplay:

Barrister: (standard court voice) You’re “daddy”, aren’t you?

Stepfather:  (defiant) No I’m not. I never have been.

Barrister:  He calls you daddy all the time.

Stepfather: (defiant) No. He doesn’t.

Barrister: You’ve coached him not to call you daddy for this court case.

Stepfather: (uncertain) No, I haven’t.

Barrister: When the mums came to the house and told you and your wife that the little boy said “daddy”, you had to come up with a story, didn’t you?

Stepfather: (quietly) No, I didn’t.

Barrister: You decided to save yourself by framing Exhibit C

Stepfather: No, I didn’t (begins to cry)

Barrister: (raised court voice) Yes you did, and you got the little boy to say it

Stepfather: (sobbing whispers) No, no, no

This was my husband’s one and only Perry Mason moment. The only time he has ever been able to point the finger at a witness in a case in court. Never before, never since. After my husband’s closing speech the police officer in charge admitted that it was pretty obvious now that everything had come out in the wash.

Exhibit C was found not guilty of all charges. As the court emptied the police and social services were already rallying their troops to arrest the stepfather and protect the little boy and his siblings from further harm.

Exhibit C had thought that he wouldn’t be able to see his children again, even after being acquitted. He was wrong, this story has a happy ending. The children are now living with him and recovering well. Even though my husband was reluctant to take this case in the beginning, by the time it was over he was very glad he had.

Why this story should matter to you

  1. Innocent until proven guilty – as we saw in Myth #2, not all defendants are scumbag criminals. Everyone deserves the right to a fair trial. The MOJ wants to deprive you of this right.
  2. Targets – if this case had happened under the MOJ proposals, Exhibit C’s inexperienced, target driven lawyer would have encouraged him to plead guilty.
  3. Child protection – if Exhibit C had gone straight to jail the little boy and his siblings would have been left in the clutches of an abuser, without the protection of their loving father.
  4. Finger pointing – even if you think you have no enemies you are still vulnerable. The MOJ proposals will be a finger pointer’s charter. It will be like going back to the Witch Trials. You’ll either be pressured into pleading guilty or, if you have got the money to pay for your defence, you will not get all your costs back even if you are innocent. You might clear your name only to face financial ruin.

Help save our justice system

As things stand the proposed changes to the criminal justice system are going to be brought in under secondary legislation, without any debate.

The Save UK Justice e-petition needs 100 000 people to sign it in order for there to be a debate in parliament. If you have not already signed the petition please do. If you have already signed it please talk to your friends and family and ask them to do the same.

Our final scumbag criminal will be Exhibit D – the “fraudster”.

This piece is part of a series of posts exhibiting people at risk due to legal aid changes. It is cross-posted with permission from the A Barrister's Wife blog.

The cover to Erle Stanley Gardner's autobiography.

Barrister's Wife is a barrister's wife. She writes a pseudonymous blog which offers a behind closed doors view of the justice system.

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The real question about George Osborne and the Evening Standard? Why he'd even want the job

The week in the media, from Osborne’s irrelevant editorship to the unrepentant McGuinness and Vera Lynn’s stirring ballads.

The big puzzle about George Osborne’s appointment as the editor of the London Evening Standard is why he wanted the job. The Standard is now just a local freesheet, a pale shadow of its old self. In Tube carriages, discarded copies far exceed those being read. Its columnists are lightweight [Ed: as an occasional columnist myself, thanks, Peter] and its news stale, mostly written the previous day. Critics of Osborne’s appointment describe the Standard as “a major newspaper”. It is no such thing. The idea that the editorship will allow the former chancellor to propel himself towards the London mayoralty is laughable. In last year’s election for mayor, the Standard, according to University of London research, ran twice as many positive headlines about the Tories’ Zac Goldsmith as it did about Labour’s Sadiq Khan. The latter won comfortably. The paper was so supportive of Khan’s predecessor, Boris Johnson, that it became known as “the Daily Boris”. But Johnson, with a high profile from television, hardly needed its backing to beat a tired and largely discredited Ken Livingstone.

If Osborne believes that the Standard offers him a significant political platform, it is just further proof that he belongs to an ignorant elite.

 

Violent legacy

More than anyone else, Martin McGuinness, who has died aged 66, represented how the IRA-Sinn Fein combined uncompromising violence with negotiating charm to achieve its aims. Unlike Gerry Adams, McGuinness admitted openly and proudly that he was a senior IRA commander. In Londonderry on Bloody Sunday in 1972 he carried a sub-machine gun, but apparently without using it. Later that year, he was among a delegation that held secret talks with British ministers and officials. The following year, he was arrested near a car containing prodigious quantities of explosives and ammunition.

Like many who recall the IRA’s campaign in mainland Britain – three huge bombs detonated less than half a mile from me – I could never quite accept McGuinness as a government minister and man of peace. Whatever he said, he did not renounce ­violence. He just had no further use for it, a decision that was reversible.

 

A peace of sorts

When I hear politicians saying they could never contemplate talks with al-Qaeda, I smile. They said the same about the IRA. The idea of negotiation, John Major said, “turns my stomach”. A month later, news leaked of secret talks that would lead to a ceasefire. You can call it hypocrisy but politicians have no practical alternative. Significant terrorist campaigns rarely end without deals of some sort. Even then, dishonesty is necessary. The parties to the Good Friday Agreement with Sinn Fein in 1998 never admitted the true terms, perhaps even to themselves. In return for a role in government, the IRA ceased attacks on the British mainland, army, governing classes and commercial interests. It remained in control of working-class Catholic enclaves in Northern Ireland, where it continued to murder, inflict punishment beatings and run protection rackets. Not a pretty bargain, but it brought peace of a sort.

 

Real war anthems

“We’ll Meet Again” and “The White Cliffs of Dover”, sung by Dame Vera Lynn, who has just celebrated her 100th birthday, are the songs most closely associated with the Second World War. This, when you think about it, is peculiar. Most wars are associated with stirring, patriotic anthems, not sentimental ballads. Even the First World War’s “Keep the Home Fires Burning”, before it mentions hearts yearning for home, stresses the noble, manly instincts that drove soldiers to fight: “They were summoned from the hillside/They were called in from the glen,/And the country found them ready/At the stirring call for men.” Lynn’s songs had only the wistful sadnesses of parting and reassurances that nothing would change.

Their “slushy” tone troubled the BBC. It feared they would weaken the troops’ fighting spirit. Despite Lynn’s high ratings among listeners at home and service personnel overseas, her radio series was dropped in favour of more virile programmes featuring marching songs. Unable to sing to her forces fans over the airwaves, Lynn bravely travelled to the army camps in Burma. A BBC centenary tribute showed veterans of the war against Japan weeping as her songs were played back.

The wartime role of this unassuming plumber’s daughter makes me – and, I suspect, millions of others – feel prouder to be British than any military anthem could.

 

Ham-fisted attempt

After his failed attempt to increase National Insurance contributions for the self-employed, Philip Hammond, it is said, will have a £2bn hole in his budget. It will be more than that. Thanks to the publicity, tens of thousands more workers in regular employment will be aware of the tax advantages of self-employed status and hasten to rearrange their affairs. Likewise, newspaper accountants of old, after circulating memos imploring journalists to reduce lavish claims for “subsistence” while covering stories away from the office, would find a sharp rise in claims from hacks previously unaware that such a perk existed.

 

Battle of Hastings

My fellow journalist Max Hastings, attending a West End play, was once dragged on stage by the comedian James Corden, told to help move a heavy trunk and slapped on the bottom. Ever since, I have approached plays starring comedians warily. I dropped my guard, however, when I bought tickets for a contemporary adaptation of Molière’s The Miser starring Griff Rhys Jones, and found myself drenched when Jones spilled (deliberately) what purported to be fine wine. It was of course only water and, unlike
Hastings, I shall not demand a refund.

Peter Wilby was editor of the Independent on Sunday from 1995 to 1996 and of the New Statesman from 1998 to 2005. He writes the weekly First Thoughts column for the NS.

This article first appeared in the 23 March 2017 issue of the New Statesman, Trump's permanent revolution