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24/03/02
Silenced Witness
Alasdair Palmer
The
Daily Telegraph
THE disturbing case of Bill Thompson, a
criminologist specialising in child abuse, and a police search for pornography.
Why was his home raided when he has legal protection?
Bill Thompson is a lecturer at Reading
University. He's a criminologist and has built up an international reputation as
an expert on sexual assaults on children.
He testifies as an expert witness - analysing
the evidence presented by the prosecution and assessing whether it proves what
the prosecutors claim it does.
His expertise has been accepted by the courts
and appears to have convinced juries and appeal court judges: in every one of
the 20 cases he has been involved in over the past two years, the side on whose
behalf he has given evidence - and it is almost invariably the defence - has
won.
Dr Thompson found that the door to his home had
been smashed in, his house searched
Two weeks ago, Dr Thompson found that the door
to his home had been smashed in, his house searched, and his computer and many
of his files seized. The same happened in his office at Reading University.
The raids were organised by Thames Valley
Police.
Officers asserted they had information that Dr
Thompson was in possession of child pornography and obtained a search warrant
from a local magistrate before entering his premises.
Unfortunately, the police did not tell the
magistrate that Dr Thompson was an expert witness in a myriad of child sex
cases.
Detective Sergeant Kate Ford, of the Marlow
Child Protection Group, who supervised the raid, explained that omission to Dr
Thompson's solicitor by saying that: "Dr Thompson claims to be an expert
witness, but he is not on any expert witness list we checked."
Dr Thompson is baffled by that claim. "I
am on the Home Office website as an expert who has been consulted on the
sentencing of paedophiles. I am a practising associate of the British Academy of
Experts, which is recognised by the courts as an authenticating body.
Experts employed within the criminal justice
system and academics conducting research are two of the six categories of people
specifically singled out by the Child Protection Act of 1978 (and its amendment
of 1988) as having a statutory defence against any criminal charge of possessing
child pornography.
Dr Thompson and his lawyers will argue in the
High Court next week that it is extremely doubtful that the search warrant
should not have been authorised because Dr Thompson is an expert.
"You can't be an expert witness without
having to evaluate this sort of material. It is part of my job," Dr
Thompson continued.
"I am frequently asked for an opinion of
whether pictures constitute child pornography: often the relevant pictures
clearly are obscene, and I will advise them that the pictures cannot be
defended. Clients often change their pleas as a consequence."
Dr Thompson has given lectures to police officers
Dr Thompson has given lectures to police
officers in which he has explained the anomalous position that he and other
experts such as him occupy in relation to the Child Protection Act.
"We have a statutory defence against any
prosecution," Dr Thompson explained. "But it does not stop a
prosecution from taking place. Under the law as it stands, people like me can be
charged and prosecuted, even though no prosecution should succeed.
"Cork University has a
multi-million-pound grant from the EU to study child pornography on the
internet. That research couldn't happen at a British university because of the
anomalous legal position.
"I have pointed out that it would make
sense if the police and Home Office put together a list of experts who were
allowed to look at this stuff. The experts could be vetted to ensure that they
were not secret paedophiles. I would be quite happy for such a procedure to be
in place."
The police say that, in raiding Dr Thompson,
they were simply responding to "several" claims that Dr Thompson was
downloading "massive amounts" of child pornography from the internet.
"That claim is demonstrably false,"
insists Dr Thompson. "And its falsity will be demonstrated the moment they
go through my computers."
Dr Thompson has no doubt that he can dispose
of the allegation that has been made against him. He doubts that he will even be
charged. Still, it will not be so easy for him to restore his reputation: mud
sticks.
He has been suspended form his university post while
the allegations are investigated.
He has been suspended form his university post
while the allegations are investigated. And merely being the subject of a police
raid has meant that Dr Thompson has been dropped as an expert witness by the
lawyers for several defendants on whose behalf he was due to appear.
"You make a lot of enemies when you point
out that not everyone accused of sexually assaulting children is guilty,"
Dr Thompson notes wearily.
"People say you are an apologist for
paedophiles, that you are trying to make the world safe for them. Of course it's
nonsense. I want people who are guilty of sexual assaults against children put
in prison.
it is often not sex offenders who are being sent to
prison, it is innocent people
"The problem with the way cases are
prosecuted at the moment is that it is often not sex offenders who are being
sent to prison, it is innocent people."
As an example, Dr Thompson cites the dozens of
men who are now serving terms of between 10 and 15 years for sexually assaulting
children in care homes.
The assaults are alleged to have taken place
between 20 and 30 years ago. There have been financial incentives for making
allegations: the Criminal Injuries Compensation Board will pay out up to
£32,000 for sexual assault, and more is forthcoming if a suit can be mounted
against the care homes' insurers. Sums of as much as £100,000 have been paid to
those who claim to have been victims.
The men who made the accusations that they had
been abused are nearly all convicted criminals.
"They usually say that, had it not been
for the abuse, they would not have drifted into crime," Dr Thompson
explains. "That claim can often be shown to be false: in one case, for
example, the individual was in the care home because, even before he was in his
teens, he had committed an armed robbery."
What has convinced Dr Thompson of the bogus
nature of many of the allegations, however, is his analysis of the evidence that
was used to convict the men.
"In 1991," he says, "the Law
Lords ruled that allegations could be corroborated by volume - that is, the fact
that there were several of them could help to show that they were all true. I
can show that this principle is utterly mistaken. Volume, in these cases, does
not corroborate anything."
The case of Roy Shuttleworth is a typical
example, he says. Mr Shuttleworth worked in Greystone Care Home in Cheshire in
the 1970s. He was convicted and sentenced to ten years imprisonment in 1996 for
sexually assaulting children in his care.
That was despite the fact that one of those
who accused him had a conviction for attempting to obtain money from the
Criminal Injuries Compensation Board by deception, and that another was exposed
as a liar in a subsequent trial.
"When I went through the witness statements, each one
contradicted every other one.
"When I went through the witness
statements, each one contradicted every other one. They all described Roy
Shuttleworth as assaulting them - but each one described a different method of
assault. This is, in my experience, quite unprecedented for genuine paedophiles.
"A real paedophile almost always has a
single modus operandi which he develops and refines over time, and you find that
reflected in statements by their victims: they bribe, they buy their victims
something. They don't just suddenly assault, which is what Mr Shuttleworth was
described as doing.
"That is not the only anomaly. When you
draw up plans of Greystone, you find that what Mr Shuttleworth was alleged to
have done was logistically impossible: you couldn't get out of the windows which
one 'victim' said he had escaped from, and you couldn't walk naked across the
school - as another claimed - in broad daylight without being noticed.
Furthermore, when the surviving duty rosters
are compared with some of the dates on which Shuttleworth was supposed to have
committed assaults, it became clear that he wasn't even in the care home at the
time."
Dr Thompson cites Derek Brushett, who was
headmaster at Bryn-y-Don Care Home in South Wales and was sentenced to 12 years
for sexually assaulting those in his care, as another example of a case where
"corroboration by volume is not corroboration.
"It is in fact contradiction. None of the
statements support each other. If you look at them closely, it becomes
absolutely clear that Mr Brushett should never have been convicted," he
says.
At least 60 men are in prison as a result of the care
home investigations.
At least 60 men are in prison as a result of
the care home investigations. Bill Thompson has no doubt that most of them
should never have been sent there.
"The police went trawling for evidence,
and an unholy alliance of psychiatrists, social workers, judges and lawyers has
allowed evidence which is demonstrably flawed, if not worthless, to be used to
lock people up.
"There is no doubt that there has been
child abuse in care homes. Sixty years ago it was rife, and those who made
accusations were not believed. But now we have gone to the opposite extreme:
guilt at past failures has produced an uncritical desire to believe every
allegation.
"That has produced a legal disaster.
People are being sent down for 10 or 15 years on evidence that wouldn't even be
good enough to produce a court hearing for an accusation of any other
crime."
It is not only the care home cases where
enthusiasm to secure conviction in child abuse cases has produced serious
injustice.
"There are dozens of them in `domestic'
abuse cases," says Dr Thompson.
The police and social services techniques for
interviewing children are almost universally abysmal.
"The police and social services
techniques for interviewing children are almost universally abysmal. They are as
bad as they were in the Cleveland case. Despite all the reports and criticism,
nothing has changed since that scandalous episode over a decade ago.
"In practically every case, they break
the guidelines. They make suggestions - in fact, they tell the child what to
say. It is appalling.
"To my knowledge, only one police force
actually uses a safe interview technique: Derbyshire. If all officers followed
their example, I would never be able to find anything wrong with interview
statements."
Dr Thompson's outspoken opposition to many of
the techniques that have become standard in child abuse cases has created a
great deal of opposition. If he is right, however, there are scores, perhaps
hundreds, of men now in prison for offences against children which they did not
commit.
It is a genuinely "appalling vista"
- and one which, as yet, neither the judiciary nor the Home Office seems willing
to confront.
Meanwhile Dr Thompson, who has been willing to
confront that possibility, finds himself facing the allegation that he is a
paedophile.
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