2015年4月20日星期一

Why is Labour Peer Lord Janner not being prosecuted because he has dementia?

  • CPS boss Alison Saunders said Janner is unfit to plead due to dementia
  • But the CPS has pursued other suspected paedophiles with dementia
  • Two months ago Roy Shaw was unfit to plead but put on trial anyway
  • Teachers, fathers, scout leader and others with dementia also convicted 
  • CPS now accused of 'double standards' for not pursuing case 

Case: The CPS has decided not to prosecute Lord Janner over alleged child sex offences but 19 others with dementia have been pursued in recent years

Case: The CPS has decided not to prosecute Lord Janner over alleged child sex offences but 19 others with dementia have been pursued in recent years

The CPS was today accused of double standards for not prosecuting Lord Janner after it emerged at least 19 men with dementia have been convicted of child sex offences since 2010, including ten in the past year.

MailOnline can reveal that some paedophiles, including several too ill to enter a plea, have still been prosecuted and in some cases jailed for the rest of their lives because of historic sex attacks.

On Friday Alison Saunders, Director of Public Prosecutions, concluded that former Labour MP Lord Janner's dementia made him unfit to plead on 22 historic child sex offences between 1969 and 1988.

She decided there was no public interest in prosecuting Janner because of his illness, yet the CPS' latest prosecution of a dementia sufferer on sex charges came in February.

Two months ago Roy Shaw, 68, was considered unfit to plead to child sex charges against him but was tried by a jury anyway for sex attacks dating back to 2013, and detained in a hospital indefinitely under the mental health act. 

Peter Saunders, of the National Association for People Abused in Childhood said: ‘This is certainly double standards by the CPS. Of course any right thinking person knows deep down there is a cover up here.

‘The cases MailOnline has uncovered prove that and I believe there are more. I believe he’s being protected.

‘There is unease that someone as influential and high profile as Lord Janner will not face trial when Joe Bloogs has. It is very convenient that the CPS finally admits he should have been prosecuted just a the time when they say they can’t.

‘People are worried about the beans he might spill should he be brought to trial’.

In January paedophile John Hayford, 84, who has dementia and Alzheimer's, was jailed for two years for abusing a seven-year-old 20 years ago in Stanmore, London.

He was sentenced two months after he was found guilty of sexually assaulting a girl, nine, in a supermarket.

In December Swindon pensioner William Chamberlain, 66, an alcoholic with dementia, was told he may die in prison after he was found to have abused a girl from the age of five, threatening to kill her family if she told them.

A judge jailed him for eight years and eight months and told him he stole the girl's innocence.   

William Chamberlain, 66, was told he may die in jail for abusing children

Joseph Birtles was jailed for child abuse

Cases: Last year William Chamberlain, 66, left,  and Joseph Birtles, 81, right, both of whom have dementia, were told they may die in jail for abusing children and given prison sentences

Last August Joseph Birtles, 81, a retired primary school teacher who abused children as young as eight over 20 years, was convicted of 15 counts of indecent assault on seven victims.

His defence team pleaded for 'mercy' because of his dementia and other illnesses but he was jailed for seven years at the Old Bailey and told he would likely die in prison.

The contrast with Janner's case has caused fury among his victims and campaigners and came as it emerged the politician, diagnosed with dementia in 2009, has claimed tens of thousands of pounds in expenses in recent years.

HOW COURTS CAN DEAL WITH SUSPECTS WITH SEVERE DEMENTIA 

A procedure exists to deal with criminal suspects thought to have mental illness.

In serious cases where a judge rules a suspect is not fit to stand trial a jury can hear the evidence in the suspect’s absence and decide if the individual committed the crimes.

A suspect is not found to be guilty, or not guilty, but a jury do rule on if they have committed the crimes.

Often the judge will order them be detained in hospital, often indefinitely.

The patient's discharge, transfer or leave of absence from hospital cannot be without the consent of the Secretary of State. 

He voted in the House of Lords 37 times in 2013 and took a formal leave of absence last October. When asked if he would consider retiring when the election was called, he responded in a personally signed letter received just three weeks ago - on April 9 - asking to continue in office. 

Last summer Stephen Turner, who has bipolar disorder and fronto-temporal dementia, which leads to changes in personality, was found unfit to stand trial but found to have carried out a number of child sex offences.

He had performed a sex act on himself in front of children in a theme park three months after police found a cache of child porn on his computer, and was sentenced to a hospital order. 

Last March a former director of the Ulster Museum in Belfast, John Nolan, was convicted of abusing a little girl but given a suspended sentence.

His defence QC told the judge that sending his client to prison 'would be a death sentence and Judge Piers Grant agreed that although his offending deserved a prison sentence he would 'exercise considerable mercy'.

In February 2014 David Massingham was deemed unfit to stand trial back in February because of his memory loss and confused state.

But a jury at Teesside Crown Court still heard his case and convicted him of ten indecent assaults and an offence of a serious sexual assault committed more than 30 years ago. He was also detained in a hospital.

John Hayford, 84, who has dementia and Alzheimer's, was jailed for two years for abusing a girl 20 years ago

John Nolan, was convicted of abusing a little girl but given a suspended sentence because of his dementia

Abusers: John Hayford, 84, left, who has dementia and Alzheimer's, was jailed for two years for abusing a girl 20 years ago while John Nolan, was convicted of abusing a little girl but given a suspended sentence because of his dementia

In 2012 Gerald Longman, now 81, was spared jail despite sexually and physically abusing his daughters, who waived their anonymity to say they wished he was dead. 

Longman was given an absolute discharge at Taunton Crown Court as he had been deemed unfit to stand trial due to dementia - but a jury listened to the facts and ruled he had committed the crimes.

In 2008 Canadian actor Iain Quarrier was convicted of the attempted abduction of a five-year-old girl in a busy supermarket. 

He was given a suspended sentence and banned from unsupervised contact with children after his defence argued he was suffering from korsakoff's syndrome, a form of dementia and was also an alcoholic, but claimed he was not a paedophile.

Despite these string of cases over recent years the Director of Public Prosecutions Alison Saunders spoke of her 'deep regret' as she announced that Lord Janner will not face trial. 

But she also ruled that he should have been charged three times before in 1991, 2002 and 2007 but was left off the hook.

The top QC blamed police and prosecutors and launched in independent review, but her comments stoked fears that Lord Janner is the beneficiary of a wholesale cover-up.

Gerald Longman, now 81, left, was spared jail despite sexually and physically abusing his daughters because of his mental health

Canadian actor Iain Quarrier was convicted of the attempted abduction of a five-year-old girl in a busy supermarket. He has korsakoff's syndrome, a form of dementia

Prosecutions: Gerald Longman, now 81, left, was spared jail despite sexually and physically abusing his daughters and Canadian actor Iain Quarrier was convicted of the attempted abduction of a five-year-old girl in a busy supermarket. He has korsakoff's syndrome, a form of dementia

Yesterday, calls were growing for a judicial review of her decision, something which Leicestershire Police has said it is already considering.

Simon Danczuk, the Labour MP who exposed Cyril Smith, said the weight of criticism against Mrs Saunders suggested something has 'clearly gone very badly wrong'.

He said: 'Mrs Saunders is now seen as a roadblock to justice and it's hard to see how her position remains tenable.' 

Last night, one of the nine victims who had been lined up to give evidence against the former Leicester West MP waived his right to anonymity to say the decision 'beggars belief' – and claimed it points to an establishment cover-up.

Hamish Baillie, 47, said he was unable to trust adults after allegedly being molested by Lord Janner during a game of hide-and-seek in a park, when he was a 15-year-old resident of a children's home.

But he added that the failure to prosecute the peer for a fourth time – three inquiries were curtailed by police or the Crown Prosecution Service – was a 'complete travesty'. 

Last night it emerged the legal adviser to Alison Saunders was a barrister in the same chambers as the son of Lord Janner.

The Crown Prosecution Service confirmed that the Director of Public Prosecutions consulted Neil Moore – a barrister at 23 Essex Street where Daniel Janner worked – over whether to prosecute Lord Janner, The Times reported. 

Lord Janner

Alison Saunders said her job as head of the Crown Prosecution Service was to make the correct legal decisions in difficult cases, not the most popular ones

Under pressure: Alison Saunders (right) has said her job as head of the Crown Prosecution Service was to make the correct legal decisions in difficult cases, like Lord Janner's, right, not the most popular ones

Sir Loader appalled at decision to not prosecute Janner (related)

And senior police officers probing allegations of child abuse offences against the Labour peer have reportedly raised concerns about Mr Moore's involvement in the decision to not proceed with his trial.

Last night a CPS spokesman said Mrs Saunders made the decision not to prosecute on her own, and that Mr Moore told her he had been in chambers with Lord Janner's son before discussing the case. He said Mr Moore had acted properly at all times. 

Meanwhile it was also claimed that alleged victims of Lord Janner could launch legal action against Mrs Saunders's decision not to charge him.

Top lawyers claim the CPS could now face a judicial review, reported The Daily Telegraph.

The newspaper also reported that campaigners want full details of Lord Janner's recent contact with House of Lords officials - because they claim it could provide more evidence on his mental state.

Lord Janner is said to have written to Lords clerks earlier this month to tell them he did not want to step down as a serving peer.

LABOUR PEER ABUSED ME AT 15. WILL SOMEONE TELL ME WHY HE'S NEVER FACED COURT: VICTIM ALLEGEDLY ABUSED BY LORD JANNER SPEAKS OUT

Father Hamish Baillie (pictured) claims Lord Janner abused him during a game of hide-and-seek in 1983

Father Hamish Baillie (pictured) claims Lord Janner abused him during a game of hide-and-seek in 1983

A father allegedly abused by Lord Janner has called for the top legal official who decided against prosecuting him to step down.

Alison Saunders, Director of Public Prosecutions, concluded dementia made the 86-year-old unfit to plead.

Last night, one of the nine victims who had been lined up to give evidence against the former Leicester West MP waived his right to anonymity to say the decision ‘beggars belief’ – and claimed it points to an establishment cover-up.

Hamish Baillie, 47, said he was unable to trust adults after being molested by Lord Janner during a game of hide-and-seek in a park, when he was a 15-year-old resident of a children’s home.

But he added that the failure to prosecute the peer for a fourth time – three inquiries were curtailed by police or the Crown Prosecution Service – was a ‘complete travesty’.

The father-of-three said he turned to drugs as a result of the abuse, which left him ‘questioning myself and everyone around me’.

He believes Lord Janner was ‘steered’ in his direction by the care home’s manager, Frank Beck – a friend who would later be convicted of a string of child sex offences.

He added: ‘I don’t think anybody other than the victims and the police involved in the Operation Enamel inquiry understand how perverted a man Lord Janner is. 

'He has blighted my life … How can they [the CPS] publicise the fact that there was enough evidence to charge, yet then say it is not in the public interest to pursue it?’

Mr Baillie, of Hinckley, Leicestershire, added: ‘No disrespect to the public, but what about the interest of the victims?

‘As far as I’m concerned, her [Mrs Saunders’s] actions are barely any less perverse than the abuse inflicted upon me as a teenager. She should initiate an inquiry into her own conduct and then step down because Alison Saunders certainly hasn’t been doing her job properly.’

 



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