Showing posts with label Crime and punishment. Show all posts
Showing posts with label Crime and punishment. Show all posts

Friday, February 18, 2011

Ian O'Doherty rips into Irish 'junkies'...

Irrespective of the fact that I've helped myself to about a gallon of Mr Fosters finest amber throat charmer, (with more to come) I found myself nodding vigorously in agreement with Ian O'Doherty's observations about 'junkies' in today's Irish Independent.

Shocking? Possibly; but not as shocking as allowing more innocents to be debauched by their parents, surely?

Anyone disagree?

Thursday, February 10, 2011

There goes domino number four...

By which, of course, I mean that former MP Jim Devine has become the fourth parliamentarian to be convicted following the expenses scandal exposed during the final few months of the last parliament.

He may consider himself fortunate if he doesn't follow his former colleagues David Chaytor and Eric Illsley through the prison gates when he returns to court to be sentenced.

And still the pulses run quicker in the Morley and Haddingfield houses...

Tuesday, January 25, 2011

Lord Taylor convicted: the third domino falls...

Given the nature of the evidence which emerged during the trial of Lord Taylor of Warwick, I am not at all surprised to see him convicted of six counts of false accounting in relation to what are now unarguably bogus expenses claims.

Indeed, given his extraordinary admissions (remember, Lord Taylor is a fully qualified barrister who specialised in the criminal law) that he claimed a total of £11,000 in lieu of a salary which members of the upper house are not entitled to, because 'that's what everyone was doing, so I thought it was all right', the only aspect of his conviction which raises my eyebrows is that he was only convicted on a majority of eleven to one.

I fear the noble lord would now be well advised to buy himself a new toothbrush before he returns to court to be sentenced, as a custodial sentence may now be all but inevitable. At this rate, Kenneth Clarke may have to consider building a new prison simply to hold convicted parliamentarians.

He could call it H(MPs) Graft.

And still the pulses run quicker in the Morley, Devine and Haddingfield homesteads...

Sunday, January 16, 2011

Ex-PC Mark Kennedy courts the press...

Whatever your views about the rights and wrongs of using 'undercover' police officers to infiltrate environmentalist groups bent on 'direct action' (and for what it's worth I would be very disappointed in them if they weren't), you may agree with me when I observe that for a man supposedly living 'in fear of his life' after he was exposed as such an officer, Mark Kennedy has hardly acted as he might have been expected to if his fear was genuine.

On what do I base that assertion?

Well call me old-fashioned, but agreeing to have your photograph taken (after transforming your appearance back to what most people would refer to as 'normal') and printed in a national Sunday newspaper is hardly the action of a man fearful of an imminent lethal attack, is it?

Either that, or he's an imbecile.

And by the way; has anyone else noticed his rather startling resemblance to the late Marty Feldman?

Tuesday, January 11, 2011

Eric Illsley MP: The second domino falls...

So, the second of those former and in this case present, parliamentarians to be charged with fraudulently obtaining thousands of pounds in so-called 'expenses' from the taxpayer has acknowledged his serial dishonesty by pleading guilty to obtaining a total of £14,500 he was simply not entitled to.

I was going to say that he had admitted stealing it; but it's actually worse than that. Theft can be - and frequently is - an opportunist crime, committed by those presented with a spur-of-the moment chance to take something which doesn't belong to them.

But Eric Illsley like David Chaytor before him engaged in a sophisticated and protracted campaign of dishonesty and deceit in order to 'steal' that money; and in that sense, his offences are far more serious than simple opportunistic theft, particularly as he is still a serving Member of Parliament and therefore in a position of huge trust and responsibility.

I will not speculate here as to the potential sentence he faces on returning to court in a month's time, but if I was him, I wouldn't be making any holiday plans this year.

And as a corollary, I suspect that with this news, pulses in the Morley, Devine and Haddingfield houses continue to quicken whilst their rabbits' noses simultaneously twitch all the more urgently...

Friday, January 07, 2011

The first domino falls...

As former MP David Chaytor begins his richly deserved, but all too brief, prison sentence for stealing in the order £20,000 from the rest of us, I wonder if pulses are running just a little quicker in the Hanningfield, Morley and Devine households this evening...

Given that Chaytor has been jailed, despite his guilty plea, I suspect that the other three might just roll the dice and put their trust in twelve good men and true, don't you?

But to lapse into the vernacular for a moment, I'll bet their rear ends are twiching like rabbits' noses tonight...

Friday, December 03, 2010

One down, three to go...

If you were ever in any doubt as to why David Chaytor and his fellow former MPs strove quite so long and hard - as far as the hideously renamed Supreme Court - to have the criminal charges against them for fiddling their expenses on a heroic scale quashed on the basis that they were a breach of parliamentary privilege, I suspect that the scales may have fallen from your eyes today, when Chaytor pleaded guilty to three counts of False Accounting at the Old Bailey.

This was after the ritual speech early in the process in which he expressed his determination to prove his innocence of what were charges based on misunderstandings and misinterpretation of simple, honest mistakes.

So he's not just a thief, but a liar, too. Surprise, surprise.

I wonder what the other three are thinking tonight...

Wednesday, November 10, 2010

Of students, fees and riots...

Wasn't it wearily predictable that today's student tuition fee protest would descend into anarchy and violence?

Please don't take that as a criticism of the initial 'light touch' tactical response from the police; after the noisy shellacking (hat tip B H Obama Esq.) they took after the G20 protest - much of it from the usual suspects, it must be said - they could have hardly done anything else, irrespective of what the Daily Wail may suggest in their incresingly tedious campaign of vilification of the police who, it seems in the curious world the Wail inhabits, are damned if they do and damned if they don't.

And I don't blame the NUS, either, for that matter. Their entirely sensible president summed up their position very succinctly in observing that a small minority of protestors had hijacked their march, whilst describing the violence as 'despicable'.

No, I lay the blame fairly and squarely at the feet of the criminals (how else would you describe them?) who forced their way into the building at Millbank and did all kinds of damage, including setting fires in what is a multi-storey office block, before accessing the roof and throwing items down on the heads of police and protesters alike beneath them.

From what I have seen on the evening news, many of those who forced their way into the building and committed the offences I have referred to, have been corralled on the ground floor by the police. I trust that each and every one of them will be arrested and where the evidence justifies it- frankly their presence should suffice, given the circumstances - prosecuted to the fullest extent of the law.

Oh, and in the event that any of them actually happen to be students, that on conviction - and only then - they are summarily excluded from their university and any other such institution in this country for life, in addition to the (more than likely derisory) penalty the courts choose to impose.

I wonder what sort of response Sir Paul Stephenson will arrange next time there is a large demonstration in London? G20, Millbank or an as yet unidentified 'middle way'?

Doubtless we'll find out in the fullness of time, and with the same weary predictability I mentioned at the beginning of this post, doubtless the Daily Wail will criticise that as well...

Thursday, August 05, 2010

Could Bamber be innocent after all?

As something of a student of these things, I have to say that, irresepective of my now oft-repeated support for the presumption of innocence, I had always thought that the jury in the Jeremy Bamber trial got the verdict right, even if it was by the tightest possible margin of 10 - 2.

However, this article in today's Daily Telegraph gives me cause to reconsider that position.

If, as it would appear, Bamber's father telephoned the police on the night of the murders, suggesting that his daughter had gone 'berserk' and stolen one of his guns, it throws a second call, made to the police ten minutes later by Jeremy Bamber himself, into even sharper focus than before.

Because in that call, Jeremy Bamber told police that he had just spoken to his father, and went on to recount an almost identical account to that allegedly contained in the newly-uncovered call made by his father.

As the article goes on to say, the legitimacy or otherwise of that call was to play a vital role in the jury's deliberations, as the judge himself described the matter as pivotal to the case.

Unfortunately, the jury were not made aware of either the existence, or the content of the earlier alleged call from Bamber's father, a call which on any reading of the facts of this troubling case, would have strengthened his son's defence immeasurably if its contents are as they have been reported.

All that said, there is still an amount of evidence which points to Jeremy Bamber's guilt: his mention of the potential inheritance of £426,000 were all his relatives to perish, the existence of certain forensic evidence linking him to the murder weapon and the alleged discussion with a former girlfriend of the possibilty of hiring a hit-man to kill them, to name but three of the most compelling.

But that is to avoid a fundamental issue.

The jury responsible for convicting him - by the thinnest of margins, remember - were never told of the existence of the newly reported phone call from Bamber's father; a call which if it, at the risk of sounding repetetive, actually happened and was as has been reported, undoubtedly lends credibility to Bamber's account that his father had in fact phoned him; an issue described, remember, as one about which the entire case turned.

I see that the case is back with the Criminal Cases Review Commission.

Good.

If this evidence actually exists, it has the capacity to cast doubt on the safety of Bamber's conviction and the matter ought to be brought back before the Court of Appeal as quickly as it can be.

Bamber might just be innocent, and if this new evidence is credible, a new jury in possession of all the facts, must be allowed to consider that possibility.

Wednesday, June 09, 2010

Credit for early guilty pleas...

I fail to see how anyone, other than those who stand to lose out financially, (of whom more in due course), could disagree with Lord Justice Leveson when he suggests that suspects who admit their guilt at the earliest opportunity - i.e. whilst being interviewed at a police station - should receive a more significant discount on their eventual sentence than those who admit their guilt later in the process.

Doesn't such an admission at least suggest a degree of genuine contrition on behalf of the offender, rather than the confected version put forward on their behalf by a lawyer who has convinced his client to plead guilty because of the overwhelming weight of the evidence against him (or her)?

And shouldn't that genuine contrition, or remorse; whatever you want to call it, be rewarded in a real and tangible fashion?

I think that it most certainly should.

But then, as the article goes on to say, there are other eminent voices, such as Paul Mendelle QC, the Chairman of the Bar Council, who are vehemently opposed to the very idea.

Call me cynical, but I suspect that there may be just the slightest hint of self interest lying behind his remarks; because more early guilty pleas and fewer Crown Court trials would mean less business (money, to be vulgar) for him and his colleagues at the Bar.

And that aside, remember this: in the vast majority of cases, those under arrest on suspicion of committing a crime know full well whether they are guilty or not when they are sitting in the interview room and it is disingenuous in the extreme to pretend otherwise.

For those who are genuinely innocent of the accusation they face, or for those tiny few who simply cannot remember whether they are or not, due process of law, backed up by the all-important presumption of innocence is there to protect them.

I can't see a downside to this.

There again, I'm not a defence lawyer with one eye on a potentially shrinking practise...

Saturday, June 05, 2010

Two very lucky men and other knuckle-draggers...

I'm endebted to my local paper, the Lancashire Telegraph, for this story concerning the conviction of two men, cousins Azeem and Tabassum Shah from Nelson, for abducting three tipsy fourteen and fifteen year-old-girls, who they drove to a hotel twenty miles from their home town.

A further charge of 'engaging in sexual activity' with one of the girls against Azeem Shah was allowed to lie on the file.

Interesting expression, that; here's what it actually means, according to the CJS online database:
An offence not admitted to by a defendant may be allowed to lie on file if the
judge agrees that there is sufficient evidence, but it is not in the public interest to
have a trial, as the defendant has admitted other offences, and a further
conviction would make a difference to the sentence.


As you will have read, neither man was jailed, irrespective of the fact that the maximum penalty for child abduction - for that is what these girls were, vulnerable children - is seven years' imprisonment.

Bearing in mind the 'qualifying' criteria for an offence to lie on the file, are we to understand that HHJ Newell would not have jailed Azeem Shah on conviction for 'engaging in sexual activity', whatever that euphemism means, with one of them?

The comments attached to the Telegraph's story are highly critical of the lenient sentences these men received, probably because they strongly suspect that the only reason these two men - one of whom is a married father of two children, for goodness' sake - took the girls to that hotel twenty miles from their homes on an August evening because, in that charmingly innocent, but simultaneously damning phrase, they intended to 'engage in sexual activity' with them.

I think that the Shahs can count themselves very lucky indeed not to be in jail tonight, and if I were involved in conducting this prosecution, I would be busily preparing my appeal against this unduly lenient sentence even as I type.

But to conclude, irresepective of the fact that I think Judge Newell got this sentencing exercise quite badly wrong, too many of those condemning him for his leniency in the comments section lapse into nakedly racist language in doing so.

Shame on them; (if they are familiar with the concept) because not only do they reveal their ignorance, they also serve to undermine the very cause they are purporting to support, because anyone with a modicum of decency will simply ignore their rantings as the howling of knuckle dragging imbeciles.

Wednesday, June 02, 2010

The Cumbria killings...

Inappropriate (how I despair of the capture of that word by the forces of ‘liberal progressiveness’) though it might be, with the details of the shootings in Cumbria only just beginning to unfold, I have a few observations to make about the enquiry which I suspect is just beginning to crank up in the county.

In doing so, I am conscious that the investigation into the thirteen deaths (remember, the murderer died too) is now a matter for HM Coroner for the area and in no way do I presume to trespass on his jurisdiction, or the police enquiry.

That said, I am bound to say that I am convinced that someone, or some institution, will eventually be blamed for ‘allowing’ or ‘failing to prevent’ taxi driver Derrick Bird from setting out on his murderous campaign; because as a society we seem to need a whipping boy to take the flak for every disaster, whether natural or human in origin.

So, a few areas I suspect will receive very close scrutiny:

1. Were the firearms Bird used ( reports suggest they were shotguns) lawfully held by either him or someone else?
2. If so, when was his licence last renewed and by whom.
3. Did the person who visited his home examine his firearms cabinet?
4. If they were not lawfully held, to whom are they registered?
5. How did Bird come to be in possession of both the weapons and a significant – enough to kill thirteen people and injure twenty-five more - amount of ammunition?
6. Had the guns been reported stolen?
7. Had any information been forwarded to the police, or any other body, suggesting that Bird was suffering a mental breakdown of any sort?
8. Was he undergoing any form of treatment for an illness which would have rendered his possession of firearms either dangerous or unwise?
9. Had any information or intelligence been forwarded to the police suggesting that Bird was planning any sort of criminality?
10. Was there some sort of index incident which prompted him to act as he did, out of anger, despair, jealousy or any other powerful human emotion?

These are, of course, but a few of the hundreds of potential questions which the enquiry will seek to answer.

I just hope that those answers stand up to what will rightly be the white heat of public and official scrutiny; because if they don’t, someone is for the high jump.

That's as maybe. For now, the thoughts of the Throne are with the families of Bird's innocent, apparently randomly chosen,victims; no doubt we'll find out the truth of what happened to them and why, in the fullness of time...

Monday, January 11, 2010

Ali Dizaei: the high-stakes 'game' is afoot...

The 'game of high stakes' I wrote about here is now most definitely afoot.

I await developments in the case with interest...

Thursday, December 10, 2009

Incongruity...



This is the main gate at Her Majesty's Prison in Preston. As I was driving past it the other evening on my way home, my eye was drawn to the pictured section of it by the presence of three sets of festive lights, two of which - each easily three feet or more in height - were flashing the words 'Merry Christmas' intermittently in gaudy red neon. As far as I could ascertain, the third, central montage appeared to depict a reindeer, or something similarly seasonal.

HMP Preston is a Category B prison, situated on the periphery of the city centre. Is it just me, or is the presence of these lights, charming as they were, not just a little out of place at the front gate of a penal institution such as that?

Just a thought...

Thursday, September 17, 2009

The English 'Columbine' Two...

Regular visitors to the Throne will recall that I yield to no man in the strength of my support for the presumption of innocence in respect of those charged with criminal offences. For newer, or more occasional visitors, I have written of my support for the concept in cases as diverse as the recent Gerrard ‘affray’ case, of which of course, he was famously acquitted, the Ali Dizaei case and the potential charges to be levelled against the police officer involved in the death of Ian Tomlinson at the G20 protest in London.

That said, any civilised society, and despite the best efforts of the present government, we still just about qualify to consider ourselves as such, requires a robust system for managing the prosecution of (potential) offenders. Every such system of which I am aware is centred on there being independent courts of law in which those accused of criminal behaviour may plead their innocence in front of a jury of their peers.

That, in essence, is what I understand to be role of the criminal courts: to assess whether those accused of offences are either guilty as charged or not.

That is why I am astonished by the tidal wave of legal and journalistic criticism being faced by the Greater Manchester Police and, more savagely, the Crown Prosecution Service, for instituting criminal proceedings against Matthew Swift and Ross McKnight, the teenagers from Manchester who were alleged to have been planning an English ‘Columbine’ massacre.

Indeed, I have looked in vain for a single report into the acquittal of these two boys, which has not indulged in sometimes trenchant criticism of the decision to prosecute them in the first place. To illustrate my point, I have provided links to press reports from across the political spectrum here, here and here and just for good measure to three more here, here and here. I could have linked to more, including the BBC; but I think you get the picture.

All of them refer to the criticism levelled at the prosecuting authorities by defence counsel, Roderick Carus QC, for taking these boys to court in the first place.

Before I go any further, it is only fair to acknowledge that Mr Carus’ knowledge of the facts in this case is infinitely greater than mine, as, I have no doubt whatever, is his knowledge of the law; but let me just examine one or two of the points he made in his court-steps critique of the decision to prosecute the pair for conspiracy to murder and conspiracy to cause explosions – effectively to potentially commit mass murder, such as:

“Why could they [presumably the police] not take them to one side, slap them on the wrists and say ‘don’t be silly boys, now off you go and enjoy your careers in the Army?’”

Or:

“I would hope the prosecuting authorities make more allowances for the frivolity of youth in future.”

Well let me see, Mr Carus. Imagine for a minute that the police had simply taken the pair of them to one side and “slapped their wrists” and then released them to join the Army, where, presumably, they would have access to firearms and explosives. Continue to imagine the firestorm of criticism which would have been levelled at the police had either of them used their access to those weapons and explosives to put their 'frivolous' and ill-conceived ‘plans’ into operation, resulting in the violent deaths of large numbers of people.

That firestorm, hungrily stoked by the same journalists currently criticising the decision to prosecute in this case, would doubtless result in the resignation, or even dismissal, of the Chief Constable of GMP, to say nothing of numbers of his subordinates, and in all probability the resignation of the Home Secretary, were he or she a member of a party other than Teflon Labour.

It may be an unfortunate analogy, doubly so, since the two boys were acquitted, but I wonder what the fourth estate and the critical Mr Carus would have made of a decision to give the parents of Baby Peter a ‘slap on the wrist’?

Mr Carus’ comments aside, what of that decision to prosecute?

The police investigated what they clearly believed to be a plot to commit mass murder; in other words, they did their jobs. The evidence they assembled, albeit ultimately rejected by the jury, was forwarded to the Crown Prosecution Service, who, after mature consideration, decided that there was both a realistic prospect of conviction based on the papers (in other words, in their professional opinion, more that a fifty percent prospect of conviction) and an overwhelming public interest in prosecuting the case.

In turn, two barristers were briefed to prepare and present the case on behalf of the Crown. One of those barristers was the eminent QC, Peter Wright, who led the prosecution of Steve Wright, the Ipswich prostitute murderer, those of the recently convicted ‘airline suicide bombers’ and was junior counsel for the prosecution in the Harold Shipman case; hardly the career profile of a man who would fight shy of advising that an allegedly weak case was not worthy of prosecution.

Taking the argument one step further, if the case against the two was as weak as Mr Carus suggests, why wasn’t he successful in submitting that his client had no case to answer at the close of the prosecution case? If he did make such a submission, it was clearly rejected by the judge, who in doing so made the tacit observation that there was indeed a case for his client to answer. If, on the other hand, he didn’t address the judge on that matter, then he clearly accepted that there was such a case himself; he cannot have it both ways.

But let me return to the point I made at the beginning of this post.

The criminal courts are there to assess whether those put in front of them by the Crown are guilty of the offences with which they have been charged. They do not, and should not, exist to simply rubber-stamp the conviction of those against whom the evidence of guilt is so overwhelming that there can be no question of their possible acquittal.

Similarly, when a case has reached a jury for a decision as to the guilt or innocence of the accused, the prosecuting authorities have done their job: the verdict on that work is then in the hands of the twelve people on the jury who have to be satisfied so that they are sure of the guilt of the accused, before they can convict him.

To criticise those same authorities for failing to secure convictions when the power to do so is ultimately (and rightly) in the hands of twelve people with little or no previous knowledge of the law is grossly unfair, as indeed it is to criticise the system of justice in this country when it has demonstrably worked in this case as it was designed to do.

On mature reflection and when no longer basking in the triumphalist light of the headline hungry media, Mr Carus may just agree with me.

Meanwhile, Matthew Swift and Ross McKnight are free to resume their lives, having had the presumption of their innocence confirmed at the end of their trial.

That is our system; and whatever the results, perverse or otherwise, long may it remain so.

Friday, July 24, 2009

Steven Gerrard: acquitted and innocent...

Just over four months ago, I posted this update to a post I wrote in January of this year about the Steven Gerrard 'assault' case.

I will not bore you all by rehearsing the points I made in those posts - the links are there for you to read at your leisure - but forgive me for reminding you that they both referred to the presumption of innocence granted to those charged with offences inthis country; a presumption which many in the press chose to virtually ignore in questioning whether Gerrard was fit to play for either his country or his club, because he had been charged with assault - a matter which was subseuently dropped before it went to trial - and affray.

Well the wheels of justice have now turned, Mr Gerrard has been tried and acquitted of that allegation.

And for those in the press who possibly wanted to see him convicted, allow me to point to the words of the trial judge, Henry Globe QC, in discharging and releasing him:

"The verdict is a credible verdict on the full facts of this case, and you walk away from this court with your reputation intact... what at first sight to the casual observer may seem to have been a clear-cut case against you of unlawful violence, has been nowhere near as clear-cut upon careful analysis of the evidence."

And that, in a couple of sentences, is why we have the presumption of innocence; because in a trial situation, when evidence is tested, it is often found to be far more opaque than it first appeared.

I wonder if all those journalists who salivated so obviously over Gerrard's arrest and subsequent trial will have the decency to print articles as large as their sensational originals in apologising to him and declaiming his innocence?

I won't hold my breath waiting for them to appear.

Thursday, May 21, 2009

The prosecution of Ali Dizaei: a game of high stakes

I see that the CPS has decided to prosecute Commander Ali Dizaei for offences of perverting the course of justice and misconduct in a public office, arising out of an incident which occurred last autumn outside a London restaurant, during which he had arrested a man on what were, allegedly, trumped up charges.

Regular readers will be familiar with the stance adopted by the Throne in respect of those charged with criminal offences: all of them - whoever they are, however famous, or even notorious -are entitled to the presumption of innocence until such time that their guilt - if such is the finding of the court - is established beyond reasonable doubt. This, of course extends to Mr Dizaei every bit as much as it did to Steven Gerrard, about whom I wrote when he was arrested and charged with offences earlier this year.

As such, and with the matter now sub-judice, I do not propose to offer any further comment on the case itself; but there are one or two issues arising from it which do merit further discussion.

Firstly, I am sure that the decision to prosecute such a high profile individual - Dizaei is both the President and legal advisor to the openly activist Black Police Association, and as a Metropolitan Police Commander one of the most senior police officers in the country - was not taken lightly. Indeed, I'm absolutely sure that the lawyer responsible for deciding in favour of his prosecution, Gaon Hart, will have agonised over it endlessly. Only time and due process will show whether that decision was justified and we must await the final result of the prosecution to make that assessment.

Secondly, if I were Nick Hardwick, the Chair(man) of the Independent Police Complaints Commission (IPCC), I would have sought the most cast-iron assurances possible from the team which investigated the case against Dizaei that they had left no stone unturned in their search for evidence. Because, and make no mistake about it, if the IPCC investigation comes up short, the resulting enquiry will be very uncomfortable indeed for Hardwick, who might even find his position untenable if the enquiry is severely criticised.

Thirdly, of course, this is a high-stakes case for the Metropolitan Police; a fact which will not have been lost on its Commissioner, Sir Paul Stephenson and the entirety of his command team, because not only was Dizaei acquitted the last time the Met investigated him, but as a consequnce of that acquittal, they agreed to pay him several tens of thousands of pounds and promote him to the rank of Chief Superintendent in order to persuade him not to sue them and to smooth his way back into the force.

If he were to be acquitted a second time, I shudder to think what the settlement 'price' would be; I just hope Her Majesty the Queen is still enjoying her normal, robust good health at the time, or his eyes might even alight on her position.

More seriously, though, I'm sure that the attitude of the BPA, as expressed by Alfred John, the Chair(man) of the London branch, who described the decision to prosecute Dizaei as 'outrageous' and 'the result of personal vendettas' is already causing Sir Paul more than a little concern, for reasons so obvious that I needn't waste my time by recording them here.

All in all, then, a game of high stakes for all involved; from Dizaei himself, who will face professional ruin if convicted, to the IPCC and CPS, who will face severe (and potentially career-ending) criticism if their work is found to be of a less than excellent standard and to the BPA which faces the potential embarrassment of the conviction of a man who is not only their national president and legal advisor, but in many ways the 'face' of their organisation and finally, the Metropolitan Police who will have a significant issue on their hands, whatever the verdict.

A game of high stakes indeed.

Wednesday, May 20, 2009

The true face of Ireland's theocracy...

The more I see and read about stories such as this and this, the more I go down on bended knee and thank God that I was not brought up in an Irish orphanage run by tyrannical and all-too-frequently sexually depraved Catholic priests.

Or, had I been born both female and Irish, that I was not judged to be a ‘fallen woman’ on what appears in many cases to have been the flimsiest of pretexts and as a consequence of that judgement, to have been incarcerated by vicious nuns for the remainder of my life and used as slave labour in one of the Catholic church’s Magdalen laundries.

Please do not misinterpret my first two paragraphs as an attack on Ireland as a whole, the Irish, or on the wider Catholic Church, because they aren’t meant to be any of those things.

What they are intended to be is an attack on the unaccountable Catholic theocracy which, it seems to me, had the whip hand in the governance of the twenty-six counties from the time of the partition, until as recently as twenty years or so ago.

And unless any of my Irish (or indeed any other) readers can tell me differently, this was a uniquely Irish phenomenon, because I am not aware that the Church was similarly powerful, or of any similar allegations being made about Church-run institutions in other predominantly Catholic countries, such as Spain, Portugal, Poland or Italy, or for that matter, the entirety of Latin America or the Philippines.

Of course an unacceptable proportion of children brought up in institution settings in this country and probably every other country in the world were subjected to abuse, both physical and sexual, by their so-called 'carers'.

But those carers were not priests, nuns or monks and none of them were able, with the tacit support of their senior hierarchy, to imprison and enslave women for the rest of their lives on the mere suspicion of moral turpitude.

None of them set themselves up as moral exemplars and demanded such grovelling deference from lay people that it all but smothered any opposition, labelling their few (and morally courageous) detractors as lunatics or heretics.

I am glad to see that the final traces of those theocratic shackles are now being removed from the people of Ireland and the publication of the report into that sixty-year catalogue of abuse and cover-ups prepared by the Commission to Inquire Into Child Abuse, is another important step along that long and often painful path.

The final step, though, has to be the prosecution of those responsible for carrying out the abuse. Only then will the outrageous injustices, compounded by their being committed by the so-called Godly, finally be put to bed and seeing the reaction of some of their victims on the news today, I rather get the impression that they will not rest until their assailants and jailers are brought to justice.

And more power to their collective elbow, I say.

Friday, March 20, 2009

Steven Gerrard: innocent until proven guilty: update...

Just under three months ago, I posted this item, in which I wrote of my disdain for those who suggested that Steven Gerrard should not be selected to play for his country, or his club, because he had been arrested and charged with both assault occasioning actual bodily harm and affray following an incident in a Southport nightclub.

As I wrote then, there is a golden thread in English law called the presumption of innocence. For the benefit of the uninitiated, that means that any person (including famous ones) accused of a crime in this country, however serious, is presumed to be innocent of that crime until he or she is proved to be guilty of it by due process of law.

Three months on and we learn that the assault charge has been formally discontinued against Gerrard and his six co-accused due to there being insufficient evidence to justify the matter being taken to trial.

And whilst I appreciate that he still faces the affray charge, I wonder if the people - especially those journalists who really ought to have known better - who were calling for his exclusion from the England team when he was charged now realise how premature and downright unfair they were to do so.

Thursday, January 08, 2009

Can we borrow Judge John Neilan, please?

What a pity Judge John Neilan sits in Irish courts, rather than English ones...

Do you think he'd consider a transfer?