Académique Documents
Professionnel Documents
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VOL 2/7
FACTION
FALSELY ACCUSED CARERS AND TEACHERS INFORMATION OPINION AND NEWS
January 2005
NO JUSTICE
FOR ANVER
SHEIKH
IN MAY 2002 Anver Daud Sheikh, a
Yorkshireman and former British soldier
RETRIAL JURY BRINGS
IN GUILTY VERDICT
simple. In our view the police had
failed to investigate the allegations
found himself in York Crown Court facing
allegations that he had sexually abused
two boys who had been in his care in a
of abuse from former residents
impartially. This is a very grave and
fundamental error by the police and
AND CRUEL
childrenʼs home more than twenty years
previously.
we will be calling for a thorough
review of how the investigation
took place.ʼ
INJUSTICE
There was no evidence other than the
testimony of the two men who made the
allegations. But nor, twenty years after
These trials have cost the British
taxpayer hundreds of thousands
CONTINUES
the alleged incidents, was Anver able to of pounds. They have cost Anver
produce an adequate Sheikh untold misery TONY BURKE – APPEAL
defence. Like countless “a very grave and and years in gaol
Seven weeks after his appeal
other care workers trapped
by similar retrospective fundamental error and all based on
what? Evidence? hearing Tony was informed that,
allegations all he could
say was that the offences
by the police ...: No! Allegations,
thatʼs what. He was
with some concessions, his appeal
overall had failed.
alleged against him had condemned by a
never happened. The jury, faced by two corrupted system which has allowed
highly prejudicial complaints, declined police to leave aside the traditional For all who know Tony, and for all
to believe him. He was convicted and methods of gathering evidence who are aware of the details of the
sentenced to eight years. of a crime to gain convictions by case, this judgement represents the
gathering allegations and using latest cruel injustice to have been
A re-trial was ordered after Anver appeared them as ʻevidenceʼ. Shame on
before the Court of Appeal. After hearing them, shame on those who make inflicted upon him and his family.
legal argument, Lord Justice Kennedy malicious allegations and shame on In spite of this devastating set back
determined there should be a retrial and the politicians who made the laws we know that Tony will continue in
released Anver on bail. Today the jury in which allowed these miscarriages of his resolve to fight for justice and in
this second trial found him guilty. justice and who fail to address them turn we will continue to offer all the
to this day. support that we can.
Of his own re-investigation of the case,
Mark Newby says: ʻIt was quick and
back and allowed the Tory Home Affairs Spokesman David Davis Facts and flexibility
Quinns space to try to said that it stretched credulity to believe that
everyone at the Home Office has forgotten Blunkettʼs self-proclaimed reputation for
rebuild the marriage the exchange, and indeed it did. straight talking should, one hopes, be a
significant casualty of the affair, given
heʼd done so much to Blunkettʼs memory lapse in the statement
however allows him to move swiftly on
that thereʼs been precious little of it about.
Responding to the in the Sunday Telegraph a
wreck. into martyr territory: “Given I have no Blunkett spokesman denied that fast-tracking
recollection of issuing instructions to deal had taken place, and said that Blunkett had
with the application, but only to continuing merely checked that the initial application
such as Diane Abbot and Peter Kilfoyle, the elimination of the backlog in general, had been in good order. A report in the Daily
who have called for his resignation, and the easy thing would be to hide behind my Mail raised the subject of the letter informing
Bob Marshall-Andrews, who told BBC 4ʼs officials. I will not do such a thing. In no Casalme of a possible delay in the processing
Today programme he was ʻquite seriously way is my office or any individual within the of her application, but did not establish
unbalancedʼ. That had only shored up department to blame for what happened.” that this letter had ever been in Blunkettʼs
support.” That is, itʼs not his fault, he doesnʼt need to possession. That day the ʻexplanationʼ was
resign, but someone of his integrity is not honed somewhat to deal with the latest
The liberal Graun did not, thankfully, going to let an over-zealous official take developments.
directly embrace the Shakespearian tragedy the blame, no matter how much they might
scenario that was being busily unveiled by deserve it. The previous line that the application
much of the popular press, but rolled out had never been at the Home Office was
Roy Hattersley on the miniscule nature of Martyrdom dealt with, Blunkett becomes abandoned, and Blunkettʼs office instead
Blunkettʼs trangressions, and a depiction the wronged father, and it is particularly offered: “David took it with him to the
of his antagonists by Polly Toynbee as worth noting that it is he who here introduces Home Office and said to his principal private
“frivolous rightwing effete scoundrels.” By his personal life, and uses it to further his secretary (Jonathan Sedgwick) and his deputy
Sunday ʻfriends of Blunkettʼ were telling political ends: “I believe these issues would (Gareth Redmond), ʻI have got a piece of
The Observer that: “There seems to be a big never have been raised had I not decided in paper in my pocket, what does it say?ʼ One of
disinformation campaign starting almost September that I could not walk away from them may well have read it to him and looked
immediately from Condé Nast and the people my youngest son. it over. There is nothing unusual in this.” The
supporting her,ʼ the friend said. ʻItʼs very “piece of paper” here became more clearly
much the American millionairess whoʼs “I could not live with myself or believe I had identified as the initial application over the
managed to knock out the working-class done the best for him in the long term if I next few days, as denials that Blunkett had
lad whoʼs the voice of ordinary people ... had abandoned my relationship with him. I had anything to do with the letter became
it would appear that Alan Budd appears to only sought continued access to him through firmer. On top of these (just in case?), a
have been as mesmerised by Kimberly as he the courts, as I made clear two weeks ago, knowledge of the existence of the letter was
[Blunkett] was.ʼ” because all other avenues had been denied conceded, and it was suggested that Blunkett
me.” may have used his knowledge of the letter to
The villains are therefore the right-wing prove to his officials that they were wrong to
millionnaire hypnotists the Quinns, for Blunkett is probably right to claim that the claim that immigration processing backlogs
dragging Blunkettʼs personal life into the “issues” wouldnʼt have come to light if he were being tackled.
gutter, and the press (led by Vogue????), hadnʼt commenced legal action to gain access
for hounding him out of office. Blunkett to Kimberly Quinnʼs son. As far as we can The spin-doctors also essayed the line that the
merely loved too much, and did it all, up to see, however, that simply means he feels that Home Office was cracking down on backlogs
and including ʻsacrificingʼ his career, for his Cabinet Ministers are perfectly free to abuse at the time, and that it was therefore perfectly
son. By Sunday evening Blunkett himself the system so long as nobody blows the rational to expect Casalmeʼs application to
was stressing that he had complete trust in whistle on them, not that it is wrong for them have been dealt with speedily, along with
Budd, but his “friends” had already done the to do so. the rest. This explanation wouldnʼt have
damage - “disinformation”? needed Blunkett to admit bringing up the
We hold no brief for the Quinns, and by subject of the particular application, but was
Morphing the truth preference we do not do personal lives, undermined by the fact that Casalme had had
unless we feel they have been thrust upon us. residency granted before she was actually
David Blunkettʼs resignation statement began However, it seems to us that one could sauce qualified for it. The Sunday before Blunkettʼs
by addressing the matter of the Casalme this matter two ways - granted, accusing resignation the letter reappeared, with “an
visa. It noted that on Tuesday Sir Alan Budd Blunkett of a string (for there was a string) of insider” quoted as claiming Blunkett had
had told him that there had been a fax and abuses of office in retaliation to a legal action produced the letter in a Home Office meeting,
email exchange between his office and the may have been a low blow, but a decent and that in response a Home Office official
Immigration and Nationality Directorate father concerned over the welfare of his child had asked immigration for the application
“not based on the application form as (if the boy is his child) might equally well to be “sorted”. The next day a spokesman
originally alleged but on the subsequent have stepped back and allowed the Quinns for Blunkett denied this, saying he had “no
letter (informing her of a possible 12-month space to try to rebuild the marriage heʼd done contact with the letter at all, at any stage.”
The Trauma
they thanked me for my frankness.
My opening phrase to them was “I am
an ex-convict”. I told them frankly
about my alleged crimes and informed
them of my appeal and offered them
the address of HAAP so that they
of Wrongful
could confirm my statement. You will
be asked if you have been turned down
by any other insurance companies, I
was truthful and said yes.
Conviction
with a credit card. The policy covers
all the normal things and they give you
the opportunity to add anything else
you might want. They were courteous
and extremely helpful. There was no
loading of the premium and you pay
the first £50 of any claim.
The trauma of false conviction was Inactivity compounded my helplessness; I Thanks to Prison Reform Trust who
emphasised when I arrived in prison had nothing to do, had nothing to read – not gave me a phone number to try and
for the first time, not knowing what to even a newspaper to direct my attention to Call Connect who actually put me
expect. I was soon to find out! After being elsewhere. I felt let down by my legal through to the insurers.
processed at Arrival Section, photos taken, team. My solicitor had not attended my
body search conducted, I was escorted to trial and was attempting to sort out witness The name of the company ...
the VP (Vulnerable Prisoner) Section and statements in the middle of the trial. The
placed in a basic cell with no TV or Radio. attitude of my QC (who had never heard MORETHAN 0800 300 699
Disbelief, helplessness and isolation were of FACT) had been overbearing, hostile www.morethan.com
my dominant feelings. and intimidating, seeking to blame me for
the failures which were rightly those of my Other companies you could try (given
How could a judicial system (reportedly solicitor. I felt there were few people left in to me by Call Connect)
the best in the world) allow this to happen my corner.
to an innocent person? I had always Heath Lambert 0800 0374397
understood that conviction could only be The first few weeks in prison were a Bond Lavis 0800 7408047
on the basis of ʻbeyond reasonable doubtʼ. frightening and horrendous experience. As
Now I understand the principle of ʻguilt by the nature of my convictions had become I am told that Tesco might in
accumulationʼ. The allegations arose from known I experienced bullying and hostility certain circumstances entertain your
either police trawling or by direct approach. from a number of other prisoners. Soon I application.
The allegations were at least 15 years old. discovered that they had been convicted
of rape, murder and other serious offences R.O.G.
Isolation was the dominant feeling. There themselves! It was a distressing and
was no TV, radio, newspaper and no humiliating situation to have to endure.
access to the telephone until I had set up
and obtained the required PIN number The following weeks allowed me to I now have a lawyer who is au fait with
so I could not contact my family. I felt come to terms with prison procedures my type of case and will be handling my
overwhelmed by anxiety and fear. I did and routines. I obtained books and other appeal. The clear lesson is to use only
not understand the basics of how the material to help pass time. There is no solicitors approved by FACT or HAAP.
prison systems operated. I didnʼt know scope for personal initiative in prison and Thank God for FACT and HAAP and for
how to obtain a razor, a towel or change it is difficult to understand how this can be the excellent people who work tirelessly to
of clothing. Now I was de-roled and basic in the prisonersʼ interest. Maybe itʼs not put right the wrongs of our failed judicial
decisions about my life were made by supposed to be! system.
others, with no scope for personal initiative.
UH?
A young girl who was blown out
to sea on a set of inflatable teeth
was rescued by a man on an
inflatable lobster. A coastguard
spokesman commented, “This sort
of thing is all too common.”
promises little!
will know that it is not only in formal
education that the poison of malicious
allegations has been a terrible problem
in recent years; it also occurs in informal
education through the youth service. Will he
Several FACT members attended the All complaints against teachers. Will my hon. ensure that the processes affecting teachers
Party Group on Abuse Investigationʼs Friend assure the House that complaints that he hopes to introduce in the next couple
invitation to attend a conference held at will be dealt with speedily, and that firm of years will also apply in the youth service?
Westminster. It was very successful. action will be taken against those who make
malicious complaints? Mr. Miliband: My hon. Friend raises a good
Whilst it was taking place the following point. When we speak of
matter was raised during Oral Answers Mr. Miliband: As a former unfounded allegations and
to Questions concerning Education. The teacher, my hon. Friend of anonymity, simply to
Minister was asked:- speaks with real knowledge speak of teachers is not
of the matter. He is right sufficient, given the range
Teachers (Malicious Allegations) that the trauma of abuse of professionals who work
of trust and of unfounded with young people. The
3. Tony Cunningham (Workington) (Lab) : allegations need to be safeguards that we want for
What steps he is taking to protect teachers tackled. I am pleased that children and for staff should
from malicious allegations made against about 70 pr cent. of all cases apply to all those who work
them by pupils. [201229] are currently dealt with with young people in and
within three months, but we out of schools.
The Minister for School Standards (Mr. want to raise that figure to
David Miliband): In November my right 95 per cent. because speed Rev. Martin Smyth
hon. Friend the Secretary of State launched is of the essence. I remind (Belfast, South) (UUP):
a consultation on a new process for dealing the House that the sanctions Significantly, in Portcullis
with allegations against teachers and school on false and malicious House there is a conference
staff. The consultation covers the reduction allegations are extremely dealing with false
of time scales, new procedures to improve serious, including charges allegations of abuse and
the management of cases and, significantly, of perjury and perverting what has happened in the
advice by the Association of Chief Police the course of justice. David Miliband MP courts over the years. We
Officers that anyone under investigation welcome the improvements
should not be named until they are charged Sir Patrick Cormack (South and the commitment from
with an offence. Staffordshire) (Con): Does the Minister agree police officers, but will the Minister consult
that the most important consideration is to with his colleagues throughout Government
Tony Cunningham: I am sure my hon. preserve the anonymityanonymity of those so that legislation might be brought in
Friend would agree that there should be zero charged? He referred to that in his answer. to safeguard children and teachers? It is
tolerance of abuse in the classroom. Equally, Will he assure the House that from now important that in the youth service at large,
there must be zero tolerance of malicious onwards, any teacher who is charged will those who devote themselves to teaching can
have his or her anonymity preserved until we be protected, as well as those whom they
know that that man or woman is guilty? teach.
“I think that the
Mr. Miliband: It is certainly our view that Mr. Miliband: The House knows that the
trauma both of abuse teachers should have their anonymity hon. Gentleman has a long and distinguished
of trust and of abuse preserved until they are charged, if they
are charged. I should point out that very
record in campaigning on these issues and
bringing attention to them. I am happy to
of teachers needs to be few are charged; about 17 per cent. of all
cases end in a prosecution. I am pleased that
say that there is proper consultation right
across the United Kingdom on the issue.
dealt with in a serious ACPO has issued new guidance to preserve It is important, as my right hon. Friend the
anonymity. There is also the responsibility of Secretary of State has pointed out, that the
way by this House, and the press in the matter. The Press Complaints Bichard inquiry referred to matters in this
not in a posturing way.” Commission guidance is very clear about
what those responsibilities are, and I would
area, and we will respond to that shortly. I
hope we will help to provide some of the
expect the press to follow that guidance. reassurance that the hon. Gentleman seeks.
David Miliband MP
MLA Press
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UH?
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UH?
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“... let the message go out, that we
“We expect a great deal of our can provide security where there is
police service and we rightly none;
subject their actions to intense Opportunity where it is limited;
scrutiny.” Justice where its is denied;
Hazel Blears Inclusion where there is exclusion;
Labour MP Prosperity where there is poverty;
Gordon Brown
Labour Party Conference 2004