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 Autumn Statement proved it – we need a real alternative to austerity, now

Theresa May’s Tories have missed their chance to rescue the British economy.

After six wasted years of failed Conservative austerity measures, Philip Hammond had the opportunity last month in the Autumn Statement to change course and put in place the economic policies that would deliver greater prosperity, and make sure it was fairly shared.

Instead, he chose to continue with cuts to public services and in-work benefits while failing to deliver the scale of investment needed to secure future prosperity. The sense of betrayal is palpable.

The headline figures are grim. An analysis by the Institute for Fiscal Studies shows that real wages will not recover their 2008 levels even after 2020. The Tories are overseeing a lost decade in earnings that is, in the words Paul Johnson, the director of the IFS, “dreadful” and unprecedented in modern British history.

Meanwhile, the Treasury’s own analysis shows the cuts falling hardest on the poorest 30 per cent of the population. The Office for Budget Responsibility has reported that it expects a £122bn worsening in the public finances over the next five years. Of this, less than half – £59bn – is due to the Tories’ shambolic handling of Brexit. Most of the rest is thanks to their mishandling of the domestic economy.

 

Time to invest

The Tories may think that those people who are “just about managing” are an electoral demographic, but for Labour they are our friends, neighbours and the people we represent. People in all walks of life needed something better from this government, but the Autumn Statement was a betrayal of the hopes that they tried to raise beforehand.

Because the Tories cut when they should have invested, we now have a fundamentally weak economy that is unprepared for the challenges of Brexit. Low investment has meant that instead of installing new machinery, or building the new infrastructure that would support productive high-wage jobs, we have an economy that is more and more dependent on low-productivity, low-paid work. Every hour worked in the US, Germany or France produces on average a third more than an hour of work here.

Labour has different priorities. We will deliver the necessary investment in infrastructure and research funding, and back it up with an industrial strategy that can sustain well-paid, secure jobs in the industries of the future such as renewables. We will fight for Britain’s continued tariff-free access to the single market. We will reverse the tax giveaways to the mega-rich and the giant companies, instead using the money to make sure the NHS and our education system are properly funded. In 2020 we will introduce a real living wage, expected to be £10 an hour, to make sure every job pays a wage you can actually live on. And we will rebuild and transform our economy so no one and no community is left behind.

 

May’s missing alternative

This week, the Bank of England governor, Mark Carney, gave an important speech in which he hit the proverbial nail on the head. He was completely right to point out that societies need to redistribute the gains from trade and technology, and to educate and empower their citizens. We are going through a lost decade of earnings growth, as Carney highlights, and the crisis of productivity will not be solved without major government investment, backed up by an industrial strategy that can deliver growth.

Labour in government is committed to tackling the challenges of rising inequality, low wage growth, and driving up Britain’s productivity growth. But it is becoming clearer each day since Theresa May became Prime Minister that she, like her predecessor, has no credible solutions to the challenges our economy faces.

 

Crisis in Italy

The Italian people have decisively rejected the changes to their constitution proposed by Prime Minister Matteo Renzi, with nearly 60 per cent voting No. The Italian economy has not grown for close to two decades. A succession of governments has attempted to introduce free-market policies, including slashing pensions and undermining rights at work, but these have had little impact.

Renzi wanted extra powers to push through more free-market reforms, but he has now resigned after encountering opposition from across the Italian political spectrum. The absence of growth has left Italian banks with €360bn of loans that are not being repaid. Usually, these debts would be written off, but Italian banks lack the reserves to be able to absorb the losses. They need outside assistance to survive.

 

Bail in or bail out

The oldest bank in the world, Monte dei Paschi di Siena, needs €5bn before the end of the year if it is to avoid collapse. Renzi had arranged a financing deal but this is now under threat. Under new EU rules, governments are not allowed to bail out banks, like in the 2008 crisis. This is intended to protect taxpayers. Instead, bank investors are supposed to take a loss through a “bail-in”.

Unusually, however, Italian bank investors are not only big financial institutions such as insurance companies, but ordinary households. One-third of all Italian bank bonds are held by households, so a bail-in would hit them hard. And should Italy’s banks fail, the danger is that investors will pull money out of banks across Europe, causing further failures. British banks have been reducing their investments in Italy, but concerned UK regulators have asked recently for details of their exposure.

John McDonnell is the shadow chancellor


John McDonnell is Labour MP for Hayes and Harlington and has been shadow chancellor since September 2015. 

This article first appeared in the 08 December 2016 issue of the New Statesman, Brexit to Trump