False Allegation Action Scotland
The Library Perth Scotland
30th Oct 04 - 10.30am to 4.30pm

Speakers
Mr David Brookens Solicitor
Mr Jim Fairlie SNP Politician
Mrs Margaret Gardener UK National False Allegation Support Group
Dr Bill Thompson Forensic Criminologist

The meeting commenced at 10 - 45 am

Mr Brookens a solicitor in the recent Isle of Lewis case, which has instigated today's proceedings, opened the meeting.
His theme was the poor investigative quality of the investigation, the sudden dropping of that investigation and the lack of acknowledgement to both those involved and the wider media and public, of the reasons why the investigation were dropped. He highlighted the discontent amongst the High Court and Procurator Fiscal within this area of the Law where there were no forensic rights compounded by a political pressure for convictions.

He believes within the media coverage there needs to be a properly run campaign where the needs of both those accusing and those accused are treated with equal human respect.

Those doing the accusing become victims, by the Crowns standard and have the rights of publicly funded groups such as victim support to turn to, however those who say they are falsely accused have no Government aided organisation to turn to, only the voluntary sector such as FASO.

Questions that need addressing:

Why is there a perception of guilt until proven innocent? The law states 'one is innocent until proven guilty'
Is the Crown able to amend the charges at anytime?
Should the Courts be 'trial by Ambush?'
Any person wanting their council's opinion should be allowed it in writing
Are the records of the Stornoway accused on police computer records?
What does the Crown do with the Statements and Documents?
When proven innocent or cases dropped can one sue for defamation?
One problem is that it has to be proven that those prosecuting did it maliciously, and proof 'beyond reasonable doubt' has to be shown.

Mr Brooken then came back after hearing the other speakers highlighting the fact that Scotland has slightly different laws to that of England and can be to the detriment of the falsely accused.

The new Sexual offence bill under Sect 27s Criminal Act leads to new legislation such as the defence team, having to disclose that defence to the prosecution team who are then in a position to 'tailor' their evidence.

The judge agrees as to what can be asked

The crown can now lay before the jury previous convictions.

The second speaker, Mr Jim Fairlie gave a précis of his own issues and how he puts the blame on the third parties for instilling false memories into his child, a prominent person within the community and a member of the SNP and a police constable, knew that any information on the false accusations against him would become media fodder.

He and his family then decided to be pro-active in the media and to-date has been fighting his own campaign and taking it into the heart of the Government with the culmination of a private members bill through Christine Graham MEP. He highlighted the areas for concern on these issues, they are;

The duty of care to 3rd parties
Defamations to prove malice
Social workers and police can lie, destroy original notes and fabricate evidence whilst
Ignoring legitimate complaints.
General Immunity was given to third parties under his case
NHS Psychiatrists have immunity and do what they like to people. Often helping to
Create false memory syndrome.

The third speaker, Margaret Gardener spoke of FASO being the only voluntary UK National organisation available to those falsely accused of abuse and rape (and still growing wider) where they can get telephone and email advice as a 'first aid measure' together with a package of information. Individuals are then passed on to relevant action or specialist groups or organisations, tailored to their needs, whilst still remaining a support line for the individual. A member of the audience pointed out that in Scotland the police were allowed to keep those detained in police custody under detention in a police station. Without recourse to a solicitor, the opposite to that in England. This acknowledged and was actively being investigated in order to endeavour to 'tailor' the information for England, Scotland and Northern Ireland. It was also confirmed that FASO is not a haven for Paedophiles and unfortunately, as was pointed out, has to always highlighting the fact because of the nature of the accusations.

The fourth speaker Dr Bill Thompson spoke of the phenomena of the 'false allegation' being an Anglo Saxon phenomenon. It is, in his words, known as 'a fit up' especially in satanic panic cases but also individual cases. He highlights past similar cases where events, Crown, Social Services and the police are continuing to make the same mistakes, bringing to trial individuals with no evidence against them. Despite the lessons of the past in not carrying out holistic investigations and not protecting those who say they are falsely accused and then not clearing them in a proper manner when proven to be innocent.
The media will print the information about the ongoing cases naming and shaming those who are accused and then not giving an official explanation as to the reasons for the cases being dropped. The public then still 'tar and feather' those whose cases have been dropped. Dr Thompson then went on to discuss the afternoon plenary session on FAAS fighting back, which he would chair.

Afternoon Session

After acknowledging the media presence and no one having any objection to there presence the meeting was continued at 2-30pm. This was the coming together of individuals having been affected by the Scottish legal system and those that had attended the meeting, highlighting their own problems with the system.
Bill and Margaret said they were happy to liase with FAAS in providing all types of relevant contact with themselves and other specialists and organisations. From this talking emerged a nuclease committee with the organiser of the meeting Susan Sellwood, being thanked for her efforts and taking on board the onerous task of Secretary. Others were co-opted onto the committee:

David Disney(Chairman)	David Disney (Web master)
Kay ( case worker)	John Elder Snr (Treasurer)
Susan McCourt (Treasurer)	Mr E Kelly Investigator, case worker

Veronica Hannan ( researcher)	Kay ( proof writer, Help worker)
Kathy ( Orkney)	Peter ( Helper)
Margaret ( Mentor)

 

The meeting finished at 5pm and was followed by a Social get together in the Waverley Hotel