Someone else they want to shut-up.
They don't like opposition, especially the truth that's for certain.
Silenced witness
by Alasdair Palmer, The Telegraph, (Filed: 24/03/2002)
The disturbing case of Bill Thompson, a criminologist specializing
in child abuse, and a police search for pornography. Why was his
home raided when he has legal protection? Alasdair Palmer reports.
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.
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 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. 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. "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 £332,000 for sexual assault, and more is forthcoming
if a suit can be mounted against the care homes' insurers. Sums
of as much as £3,100,000 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. 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.
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. 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.