Unaccountable, Unjust and Untutored

The current civil action being pursued by singer Sir Cliff Richard against the BBC in the High Court, for the violation of his privacy by broadcasting footage of the infamous police raid on his Berkshire home in 2014, is a stark reminder of the enormous power of the traditional media to damage irreparably the lives of individuals. In that one fell swoop, Sir Cliff's name and reputation were trashed throughout the globe, while the BBC was congratulating itself on a massive scoop.

Sir Cliff Richard

To hell with the man who had spent his adult life viewed as one of our national heroes. Here was a person with all the trappings of great success and yet (and I have met him) so grounded and so kind; some might argue an almost saintly character. Indeed, because he was so famous and was viewed so highly by us all, the BBC thought they had the biggest story ever and they wanted to squeeze every last drop out of it.

But did they for a moment stop to think it was only an allegation which had been laid at his door? Did it not occur to them that the allegation may not be true, in which case they'd be destroying the man's highly respected name there and then, for evermore? Of course not. He'd been accused of sexual abuse, so he - like anyone else in this situation - was fair game.

It isn't just the BBC who are quick to ruin the reputation of someone accused of a sex abuse crime; it's a mindset which permeates the entire media. And not just the traditional media: nowadays anyone accused of a crime has to contend with the baying, untutored mob, those social justice warriors who trawl the net to find targets for their unfettered bile. No proof is required to start a storm, just an accusation.

Social media platforms, particularly Twitter and Facebook, are awash with vile smears and oft-repeated fantasies. I know this because it happened to me as soon as I was arrested and interviewed in 2012 as a result of some filthy lies which emanated from the mouth of some greedy, opportunistic lowlife. Did the mob pause to allow justice to take its course? Of course not.

One pleasant individual stated a few days after my arrest in December 2012, that if I killed myself, 'It'd be the best Christmas prezzie ever.' How charming. After the jury in my eventual trial, 672 days later, returned immediately with a 'not guilty' verdict, another delightful man, who knew nothing of the case, apart from titbits of ill-informed internet gossip (and someone who had never met me), stated: 'Fuck that verdict, he's fucking guilty.'

Although it can be argued that the vast reach of social media can be empowering, as well as invaluable as a campaigning and marketing tool, it is also evident that terrible harm can be caused by the misuse of current communications technology. None more so than the spreading of malicious falsehoods served up as proven facts by the agenda driven, often ignorant, mob.

Only the super-rich truly have the means to go into battle to protect their reputations in the civil courts, where costs can spiral into the hundreds of thousands or even millions of pounds. Pretty much everyone else who becomes the victim of vile allegations online seems to have to ignore the character assassination as best they can. Sadly, some targets of the internet bullies and conspiracy theorists find the pressure – and its devastating consequences in daily life – simply unendurable and take their own lives.

While it is true that local communities have always been prone to the malignant mischief caused by neighbourhood gossips and fantasy peddlers, the internet has provided these poisonous, malicious types with a means of disseminating their bile and smears to a global audience, (sometimes with the bonus of maintaining their own anonymity). A blatant lie or untrue rumour which is posted online in, say, Sheffield can be relayed and rebroadcast from Stuttgart to Shanghai, via San Francisco and Seattle, within a matter of minutes.

Moreover, the Web also enables ‘birds of a feather to flock together’: conspiracy theorists and other lunatic fringe obsessives are now able to find each other with ease and to reinforce both falsehoods and shared delusions. Bizarre fantasies involving such old favourites as Satanism, evil secret societies or vast rings of wealthy paedophiles involved in the state-sponsored sexual abuse of children, can be quickly and effectively propagated on a worldwide stage, as can targeted attacks aimed at specific individuals, usually celebrities whose names offer instant household recognition.

In this age of unbridled egos, in which every cruel fantasy can be peddled or attributed falsely to celebrities online, who is safe from the smears and poisonous lies of the malicious and unprincipled, who demand the absolute ‘right’ wilfully to destroy the lives and well-being of others (the vast majority of whom they have never even met), under the banner of ‘freedom of speech’?

In common with many unhinged obsessives, most conspiracy theorists are evangelical in their aim of converting others to their warped views, especially the weak-minded, the young and the vulnerable. In this, some online clusters share similar characteristics with terrorist groups: brainwashing potential adherents, enforcing conformity of belief, presenting distorted opinions and fantasies as fact, and attacking anyone who dares to challenge their toxic narratives. It is not an exaggeration to liken the risk to society posed by some of these circles to that posed by the most dangerous of cults.

At a time of ‘fake news’, the most outrageous falsehoods can suddenly be circulated as truth. For many disseminators of lies, the ultimate goal is to win the prize of a ‘retweet’ or a ‘like’ from a social media celebrity or politician, who can then be cited as a ‘believer’ in whichever fantasy or untruth is being peddled. And all of this can be achieved without the involvement of the traditional media, although it often appears that where the wilder reaches of the internet leads, the rest of the news agenda tends to follow.

We are increasingly witnessing the corrosive impact of unfettered, unregulated social media upon our justice system:  as just one example, in recent days it has been revealed that a high profile rape trial in Belfast came close to collapse owing to injudicious comments made online by a politician, prior to the unanimous acquittal of all the defendants by the jury. This case is far from unique as posters and tweeters, who have little or no knowledge of our legal system, regularly circulate highly defamatory material, much of which is probably contempt of court under the sub judice rules which exist (in theory at least), to ensure the right of us all to a fair trial.

As I have noted in previous blog posts, even those defendants who are acquitted by a jury now seem to be considered ‘fair game’ for a campaign of social media vilification, which can even spill over onto the streets. Some of these protests seem to have a lot in common with the mob raging at the foot of the guillotine during the worst excesses of the French Revolution. Justice no longer seems to matter as long as the enraged crowd outside the court gets the verdict it demands. And where the baying mob goes, the politicians tend to follow. After all, popularity for them is the chief driving force.

And long after the trials are over and the judges and jurors have gone home, the fate of the acquitted is still being decided via the internet and the media: online posts and media coverage now seem to have a permanence that ensures spite, bile and lies will be accessible to all who care to type onto their keyboard a person’s name. This means that no matter how innocent a wrongly accused person has been proven to be in court, they are, in effect, permanently on trial online. The lies of perjurers and fantasists are linked to their names in perpetuity. I am indelibly tied to the vile lies of the chancer who made an allegation against me.

Often a decision not to prosecute or an acquittal by a jury is just a seemingly unimportant precursor to being hounded by the arrogance of some injustice collectors behaving like medieval despots. This is one of the reasons why the recent privacy case involving Google and the so-called ‘right to be forgotten’ is so significant: surely a person who has never even been charged with a criminal offence, or who has been acquitted by a jury in a court of law, should not have to face a ‘kangaroo court’ of online social justice warriors, along with negative media coverage?

Would it surprise you to learn that although when I was charged with the lies laid at my door in 2013, a certain national newspaper covered nearly a half a page informing its readers of my plight, yet, when I was acquitted a year subsequently, there was no mention at all of the verdict. (How many pages in that newspaper would have been filled had I been found guilty?)

We need urgent legislation to restore anonymity to people who have not been charged with any offence. In addition, there is a very legitimate argument to be made for extending anonymity to those alleged to have committed certain crimes, particularly involving highly emotive sex abuse cases, until the point of conviction. Once an accused has been convicted, then the public will be made fully aware of the proven facts.

There used to be a saying among journalists: 'Today's news is tomorrow's fish and chip wrapping paper.' This is no longer the case as the internet now provides everyone with a permanent reminder of anyone who is even accused of a crime, even if never charged. Two hundred years ago criminals were branded on their foreheads; nowadays the search engines do the same job, only you just need to be accused to be marked for life. Ask Sir Cliff!

When Police Just Can't Be Bothered

While watching a programme this week called 'Unsolved', on BBC 1, about Omar Benguit, who is in prison for ostensibly a murder he didn't commit, I learned that the person who, it is claimed, framed him had accused someone else, previously, of paedophilia. In the documentary a retired murder detective, Brian Murphy, who during his career covered hundreds of investigations, made the following comment: 'A paedophilia allegation is one of the worst allegations you can make.'

Omar Benguit: wrongly convicted?

Can it be explained, therefore, why the two friends, A and B, who made totally false statements to the police, and subsequently on oath in a court of law, that I had inappropriately touched them both when they were 11 years of age, have not been called to account? Why has the Suffolk police, so eager to have me prosecuted, allowed them to carry on with their lives with impunity?

I repeat what the experienced, respected detective, Mr. Murphy, stated: 'A paedophilia allegation is one of the worst allegations you can make.'

Police: too busy for certain crimes?

But, hey, not to worry; don't anyone be put off lying through your teeth to get your greedy hands on compensation money from the taxpayer, because the police and the CPS couldn't care a fig if you do lie.  It seems, if you're rumbled, you'll walk away scot-free. All to gain and nothing to lose. Telling malicious lies which could potentially wreck someone else's life isn't a crime the State recognises particularly. Perhaps because it doesn't curry much public favour.

In my case, A and B lied and lied again and anyone with an IQ above the day's temperature, who listened to the repugnant lies they spouted in court, was left in no doubt they were lying.
Yet nothing has been done to punish them.

But Mr. Murphy claims those who falsely allege child abuse have committed a serious crime.
Over to you, Suffolk police. I repeat:  'A and B were lying throughout'. Shouldn't they be called to account or aren't you bothered?

Two Cheers as Alison Saunders Steps Down

This is the full text of my reaction to the news that Alison Saunders is to step down as DPP in October. Excerpts have appeared in The Express - link).

The news that Alison Saunders is to stand down as the Director of Public Prosecutions (DPP), at the end of her five-year contract, might bring an end to the grotesque ‘target driven justice’, which is synonymous with her time at the top. By common consent, Ms Saunders has not exactly covered herself – or the Crown Prosecution Service (CPS) she leads – with glory. Too many things have gone disastrously wrong, too many times, and public confidence in our justice system is now at an all time low. Such is the damage, it will take much more than Ms Saunders’ departure to repair what has been broken.

DPP Alison Saunders

Although some will argue that swingeing cuts, amounting to around a quarter of its budget and a reduction in a third of its staff since 2010, have impacted on the CPS’ ability to provide a high quality service, it is difficult not to conclude that the malaise goes far deeper than insufficient personnel. To my mind, the real provenance of the problem has been the blatant politicisation of the organisation, a process which started before Ms Saunders took the top job in 2013 - a job, incidentally, which pays around £205,000 per annum (plus generous benefits and a £1.8 million pension pot).

The new ‘approach’ to delivering so-called justice was instituted by her predecessor as DPP, Keir Starmer (now Sir Keir Starmer MP, a Labour front bencher), who was appointed in 2008. He oversaw the transformation of the CPS from a taxpayer-funded body, tasked with making decisions about prosecutions based on evidence, to an increasingly politicised machine which sought to champion trendy causes which very vocal campaigners believed should be driving our justice system. Thus began an unhealthy obsession with DPP sound-bites, ‘initiatives’ and grandstanding for the media. Keir Starmer compromised the integrity of the CPS and Alison Saunders proceeded to exacerbate matters.

Sir Keir Starmer QC MP

Perhaps Sir Keir’s most regrettable legacy within the CPS was the importation of the ludicrous mantra, informing anyone making allegations of a sexual nature that “you will be believed”, no matter how bizarre, unlikely or outlandish the claims being made. This approach came as a direct result of political pressure amidst the ‘Savile effect’, that collective insanity which gripped this nation after the death of the platinum haired DJ in 2011.

Once this ideological dogma had taken root within the CPS  - the 2014 report by Her Majesty’s Inspector of Constabulary said: “The presumption that a victim should always be believed should be institutionalised”, - traditional approaches, such as defendants being innocent until proven guilty, the police at least making an effort to pursue open minded investigations, were promptly ditched. When Ms Saunders took up her role as DPP in 2013, she was an enthusiastic adopter and advocate and a bad situation became inevitably worse.

Back in 2014, Ms Saunders, who had spent her entire professional life working at the CPS, told one interviewer that “Nobody knew who we [the CPS] were, what we did – so I think it’s good that we have a profile.” Unfortunately, years of back office work in the CPS bureaucracy had ill prepared her for the DPP role and many of her key interviews became highly defensive, as public criticism of controversial CPS failures mounted.

Too often it seemed that specific prosecutions – whether of investigative journalists, or of those accused of female genital mutilation or of media personalities accused of historical sexual offences – were more about getting a politically-correct result, rather than achieving justice. When these high profile cases started collapsing, the consequent damage to the CPS’ reputation was inevitable; Ms Saunders’ standing was similarly affected.

One of the most serious areas of concern during Ms Saunders tenure has been ‘target-driven’ practices, where CPS staff members are under constant pressure to achieve ‘results’ – that is, convictions in court. Common sense dictates that any legal system which operates on the basis of hitting specific, pre-set targets for the number of convictions in court, is at risk of multiplying miscarriages of justice, as well as encouraging prosecutors to charge potential defendants in cases where there is little or no actual evidence. This seems to have become the norm in sexual allegation cases, both modern and historical. No one can regard this as a proper, fair, sensible approach to administering justice in a country which gave the world the Magna Carta.

Another key concern was the apparent collusion between some CPS staff and police investigators over the vexed issue of disclosure of evidence – again, especially in sexual offence cases – to the defence. As evidence mounted that critical material, such as text messages and social media exchanges, were not being disclosed to defendants’ legal teams, trials started to collapse. It is of no surprise that judges have become much more critical of police and CPS failures and omissions.

Of course, we should not be concerned only about innocent people who have been dragged through the courts, their reputations indelibly tarnished, and about the victims of wrongful convictions, who are suffering as a result of the current chaos within the CPS; genuine victims of serious crimes are also being let down by a system which seems to be on the brink of collapse. Will jurors be prepared to convict a defendant they feel is guilty beyond reasonable doubt if confidence in British justice is continually being eroded by failed prosecutions and repeated scandals over a lack of disclosure of evidence? Jury members will inevitably worry, perhaps, that they've not heard all the evidence and acquit.

In recent months, Ms Saunders has not helped her cause by publicly declaring that she does not believe that there are any innocent people in prison as a consequence of failures to disclose relevant evidence to the defence. What a preposterous, immature, arrogant stance to take. Just last week, a devastating report by the HMCPS Inspectorate revealed that there had been a ‘steady stream of miscarriages of justice’ due to poor disclosure practices. Who knows how many innocent, but wrongly convicted, men and women are currently rotting in our dangerous, over crowded, dysfunctional prisons? Does the evidence point to Ms. Saunders being naive or supremely deluded?

I don’t think it is an understatement to say that there is mounting concern that the CPS and our wider justice system have come under the influence of ideologically-driven, political decision making. Collapsing trials and the unedifying prospect of innocent victims of false allegations languishing for months, or even years, on police bail, their homes ransacked, their lived trashed, have all damaged public confidence in a system which is now so underfunded that day to day life in our magistrates' courts are akin to ‘judicial A & E departments’; in short, the administering of justice on the cheap.

While Ms Saunders’ personally very lucrative departure from her post is to be welcomed by all concerned about the route our justice m.o. has taken over the last decade, it will not be enough to restore faith in a system which was once the envy of the world. Fundamental reform will surely require the ditching by prosecutors of the current wholly inappropriate target-driven approach, as well as a move away from ideological fashions and fads, which have done so much damage.

Is it too much to hope that the new DPP makes every effort to restore some faith in our justice system’s ability to protect the innocent and, by searching for and uncovering the truth, safely to convict the guilty? Time will tell.