Tag Archives: ‘Kangaroo Court’

MAY 17 2020 – ECCLESIASTICAL AND ‘THINKING ANGLICANS’

Ecclesiastical-Insurance-Logo-for-website

THINKING ANGLICANS – COMMENTS

 

Richard W. Symonds

Janet Fife
Kate

Richard W. Symonds

Think about it Kate. Ecclesiastical – as Church of England’s principal insurers – would have advised on the insurance claim of ‘Carol’ who claimed Bishop Bell abused her as a child. A “kangaroo court” was set up by the Church. She was compensated with a payment of £16,000+. Two extensive legal investigations [Carlile & Briden] have concluded the allegations of ‘Carol’ were unfounded.

One can be forgiven for assuming Ecclesiastical have advised the Church not to formally apologise and fully exonerate Bishop Bell for its part in his character assassination – probably because of the likely claims for considerable damages (eg by Bishop Bell’s niece and others)

We should be regularly reminded of what Revd Graham Sawyer said at the IICSA two years ago [July 2018]:

“The sex abuse that was perpetrated upon me by [Bishop] Peter Ball pales into insignificance when compared to the entirely cruel and sadistic treatment that has been meted out to me by officials, both lay and ordained. I know from the testimony of other people who have got in touch with me over the last five or 10 years that what I have experienced is not dissimilar to the experience of so many others, and I use these words cruel and sadistic because I think that is how they behave. It is an ecclesiastical protection racket and [the attitude is that] anyone who seeks to in any way threaten the reputation of the church as an institution has to be destroyed”

So, Establishment ‘cover-up’ is an art form in the Church of England – of which Ecclesiastical is an integral part [as ‘Gilo’ clearly points out in his carefully-researched ‘Surviving Church’ article].

Will the Establishment figure of Sir Stephen Lamport [‘parachuted in’ to improve the image of two pillars of the Establishment – Ecclesiastical and the Church of England] help to right the wrongs done to victims and survivors of sexual abuse – and victims and survivors of those falsely (or wrongly) accused of sexual abuse?

It would be nice to think so, but I think there’s more chance of seeing flying pigs getting landing rights here at Gatwick.

 

Rowland Wateridge

I’m not sure that there was any insurance cover in that case. The church’s own ‘investigation’ as summarised in Lord Carlyle’s report very much indicates that it was handled wholly in-house, albeit in an utterly shambolic and amateur fashion, without using external expert forensic and legal services.

 

Richard W. Symonds in ‘Thinking Anglicans’

As far as I know, there was no insurance cover, but as Bishop of Chichester Martin Warner makes very clear at the IICSA in March 2018, the Church’s insurance company at the time – presumably Ecclesiastical? – was fully involved in (and I’m sure was fully paid for) the advice to the Church, and presumably its Core Group, regarding Bishop Bell and ‘Carol’:

https://richardwsymonds.wordpress.com/2019/01/13/jan-13-2019-from-the-archives-iicsa-march-2018/

Day 8 IICSA Inquiry – Chichester 14 March 2018 – Page 21

Fiona Scolding QC

“The other matter I want to put to you is [quoting Lord Carlile]: “There was no organised or valuable enquiry or investigation into the merits of the allegations, and the standpoint of Bishop Bell was never given parity or proportionality.” What is your response to that?”

Bishop of Chichester Martin Warner

“The question of an organised or valuable inquiry is something of a value judgement, I think, and we certainly didn’t feel that there was no serious inquiry into that which was undertaken through our insurers and their legal representative in whom we had considerable trust and regard and who Lord Carlile also recognises as a responsible and able person. I see him to say that the standpoint of Bishop Bell was never given parity or proportionality. It was certainly given proportionality. We understood absolutely that was the case. I think the area which he’s rightly also identified is that there was nobody there to speak for Bishop Bell, and that, again, with the benefit of hindsight, is something that I think was wrong…”

 

Rowland Wateridge

Kate
Oh, they probably have been involved in the past but you said, “The success of Sir Stephen Lamport’s ‘parachute jump’ into the Church of England Establishment will be measured, by me, on how he deals with the monstrous, continuing injustice done to the wartime Bishop of Chichester George Bell.” Looking forwards, I stilldon’t see how Ecclesiastical as insurer is involved in what is essentially a closed matter and, even if they are, why a non-exec would get involved.
Richard W. Symonds
Then I can’t help you Kate.
David Lamming

Bishop Martin Warner’s answer to Fiona Scolding’s question at IICSA on 14 March 2018 about the involvement of insurers in the settlement of ‘Carol’s’ claim (see the link below in Richard Symonds’s comment) appears to be at odds with information he provided to me in 2016.

At General Synod on 8 July 2016 I asked a question about the contribution to the settlement made by the Church Commissioners. The question was answered by the then First Church Estates Commissioner, Sir Andreas Whittam Smith. In the light of his written answer, I asked by way of a supplementary “whether insurers were asked to contribute to the settlement and, if so, whether and why they declined to do so?” This was Sir Andreas’s response: “You are accrediting the Church Commissioners with far more involvement in this case than you might think. We have a discretion to pay bishops’ costs, as you probably know, and we make judgments on what costs to bear on a variety of factors. In this case, the answers are really clear in my answer. I do not think I can add to them. There are the damages; there are the claimant’s legal costs and there are the Diocese of Chichester’s costs. We paid £29,800 of those and a private individual came forward, not an insurer, and paid the rest. I cannot add to that.”

His answer led to the following exchange with Martin Sewell:
Mr Martin Sewell (Rochester): There is a very simple question on the table: did any insurer decline to indemnify?
Sir Andreas Whittam Smith: I have no idea whether an insurer was involved. We were not told about such a case.
Mr Martin Sewell: Who would know?
Sir Andreas Whittam Smith: The Diocese of Chichester would know.
Mr Martin Sewell: Will that information be made available?
Sir Andreas Whittam Smith: I cannot speak for the Diocese of Chichester, I am afraid.

In the light of this exchange I e-mailed the Bishop of Chichester on 25 July 2016,asking (inter alia), “Were insurers involved at any stage prior to the settlement with Carol? If so, were they asked to contribute to the settlement and, if so, did they decline to do so or to indemnify the Diocese and, if so, why?”

This was Bishop Martin’s reply in an e-mail on 29 July 2016: “No relevant insurance was held in respect of this claim, so no insurers were involved in the case and no requests were made to any insurer. As Sir Andreas said in his reply to the Synod, the costs and damages were paid by the Commissioners and a private individual who wishes to remain anonymous. The claim was made against me in my corporate capacity.”

The full exchange of Qs and As at General Synod can be read in the Report of Proceedings, July 2016, at pages 58-59:
https://www.churchofengland.org/sites/default/files/2017-10/July%202016%20Report%20of%20Proceedings%20w.index_.pdf

Nov 22 2019 – “Does Archbishop Welby’s pride matter more than an elderly lady’s pain?” – Peter Hitchens at Christmas

George-Bell-niece-Barbara-Whitley-2

Archbishop Justin Welby and Mrs Barbara Whitley

PETER HITCHENS: Does Archbishop Welby‘s pride matter more than an elderly lady‘s pain? 

Peter Hitchens: Does Archbishop Welby‘s pride matter more than an elderly lady‘s pain?

This Christmas I would like you to think of the plight of a 94-year-old woman, who has been atrociously mistreated by the Archbishop of Canterbury 

This I would like you to think of the plight of a 94-year-old woman, who has been atrociously mistreated by the Archbishop of Canterbury.

Her name is Mrs Barbara Whitley. More than three years ago, the Church of England publicly accused her beloved long-dead uncle of the filthy crime of child sex abuse.

The charge was based on the word of a single accuser, more than half a century after the supposed offence. The Church had presumed his guilt and made no serious effort to discover the truth. Key living witnesses were neither sought, found nor interviewed. A senior bishop admitted soon afterwards that they were actually not convinced the claim was true. Yet by some mysterious process, a number of newspapers and stations, all on the same day, felt safe in confidently pronouncing that Barbara’s uncle had been a disgusting paedophile. No ifs or buts. Who told them?

A later inquiry would show that this miserable episode was based on nothing more than a chaotic, sloppy kangaroo court. One of this country’s most distinguished lawyers, Lord Carlile, tore the case against Barbara’s uncle to shreds. He said there would have been no chance of a conviction on the evidence available, and made mincemeat of the shambolic committee that had published the original allegation.

After delaying the release of this inquiry for weeks, Justin Welby’s church eventually published it. But did it admit its mistake and restore the reputation of Barbara Whitley’s wrongly defamed uncle?

Nope. Mr Welby, in defiance of all the rules of British justice, sulkily insisted that a ‘significant cloud’ still hung over the name of Barbara’s uncle. Thus, just as she might have been able to rejoice that her relative’s name had at last been cleared, the Head of the Established Church made it his personal business to prevent this.

And then, a few weeks later, another supposed allegation against her uncle was said to have been made. Why then? What was it? Who had made it? Nobody would say, but it served to stifle potential criticism of Mr Welby at the General Synod of the Church of England, which was about to begin. Details of the second allegation remain a secret. After nearly a year, Mr Welby’s church (which has a bad record of sitting on reports that it doesn’t like) still hasn’t come up with its conclusions [See Briden Report for conclusions – Ed]. Yet Sussex Police, given the same information, dropped their investigations into the matter after a few short weeks.

It all looks a bit as if someone is trying to save someone’s face. But the cruelty to Barbara Whitley, who was 91 when this horrible saga began, is appalling. Who cares about some prelate’s pride (a sin in any case) when Mrs Whitley could be spared any more pain?

Because the cruelty to Mrs Whitley seems to me to be so shocking in a supposedly Christian organisation, I have deliberately left till last that the object of these accusations is the late Bishop of Chichester, George Bell. Bell was, as people who knew him have told me, a kind, scrupulously honest, courageous man. He was, most notably, a beloved friend of the German Christians who fought against Hitler and a brave critic of the cruelty of war. I sometimes wonder if modern bishops and archbishops are afraid of being compared with him. They have reason to be. In the meantime, Mr Welby’s church should end Mrs Whitley’s agony.

Does anyone really doubt that, if the archbishop wanted to, he could end the whole business today?

 

[This article previously appeared in the Mail on Sunday – December 16 2018]

 

COMMENTS AND RESPONSES

“Of course it does!” – Rev Peter Mullen

“Nothing, as we all know, is more important than a person’s reputation, for good or ill. it is astonishing to me that it is still necessary to fight to preserve the reputation of George Bell, Bishop of Chichester, 1929-1958.
I am surprised to think that in 2019 we need to teach an Archbishop of Canterbury (Eton and Trinity College, Cambridge) the vital place of the presumption of innocence in our English system of justice.
Has he not heard of the cases of the Birmingham Six and the Guildford Four?  They did as much damage to Anglo-Irish relations as the wickedness of the bombers themselves.
Indeed George Bell still has much to teach us about our resistance to the tyranny of Nazi Germany in a world in which so-called civilised nations are still trying to bomb the Middle East into the Stone Age” – Gerald Morgan, FTCD (Leader: English Parliamentary Party, 2001)
“There should be no need for compromise, but there is a possible face-saver for the archbishop. That George Bell should be exonerated there is no doubt. It does not follow, however, that Carol must have been lying. The most probable outcome is that this was a case of mistaken identity, and in Chichester two possible offenders have been identified, though nothing can ever be proved” – Noel Osborne

Sept 15 2019 – “Now try saying sorry for your own mistakes, Archbishop…” – Peter Hitchens – Mail on Sunday

“Now try saying sorry for your own mistakes, Archbishop…” – Peter Hitchens – Mail on Sunday

mail

Peter Hitchens

I do worry about Archbishop Justin Welby. 

Does he know anything? Does he understand his own religion? 

There he lies flat on his face in the Indian city of Amritsar, regretting a massacre he didn’t carry out 100 years ago. 

It was pretty thoroughly condemned at the time, and its culprit was forced to resign.

Archbishop Justin Welby laid flat on his face in the Indian city of Amritsar

Christianity is about recognising your own faults, Archbishop. 

Get some practice. Explicitly and fully apologise for your Church’s decision to publicly smear the great, late Bishop George Bell, now shown beyond doubt to be the result of a one-sided, sloppy kangaroo court.

No need to lie on the floor.

Just say sorry for a foolish, unfair mistake, and the vanity that has prevented you from admitting it.

May 19 2019 – Peter Hitchens on Bishop Bell – What is at Stake and Why is it Important?

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Peter Hitchens

https://hitchensblog.mailonsunday.co.uk/2019/05/please-sign-this-petition-for-truth-and-justice.html

15 May 2019

Please Sign This Petition for Truth and Justice

I hesitate to ask readers one again to support a petition, but my good friend Peter Billingham, a long-standing and dedicated fighter in the cause of truth, and justice for the late George Bell, needs your support in a good enterprise.

There is now no serious question that the late Bishop Bell has emerged with his reputation unstained after allegations made against him. Regular readers will know of the case, but for new readers, or those wishing to refresh their memories, the best summary of the long saga may be read here http://www.georgebellgroup.org/statement-may-2019/

The distinguished QC Lord Carlile of Berriew  reviewed the case in a report which showed that the investigation of the allegations against the late Bishop bell was a one-sided, sloppy kangaroo court. But the Archbishop of Canterbury, who commissioned that report, debarred him from stating a conclusion about George Bell’s guilt or innocence. Lord Carlile made it clear, when questioned at the time of publication, that he thought the case against George bell was extraordinarily weak.  He has since said clearly that he believes that Bishop Bell *was* innocent of the charges,

Lord Carlile declared on 1 February 2019,  ‘The Church should now accept that my recommendations should be accepted in full, and that after due process, however delayed, George Bell should be declared by the Church to be innocent of the allegations made against him.’

But while the Church has plainly retreated from its earlier attitude, and the media which joined hastily in the Church’s hasty, unfair condemnation are now licking their wounds, relieved that the dead have no redress in such situations, there is still a failure in some quarters to admit error. In a Stalinist frenzy after the first accusations were made, George Bell’s name was hurriedly and shamefully stripped from a number of buildings and institutions, by people who failed to understand the most basic principles of English justice.

The most important of these was the handsome and tranquil guest house in Chichester Cathedral precincts, called George Bell House. This building was originally the gift of an order of Anglican nuns who had loved George Bell when he was alive and wanted to honour him after his death. Yet despite the vindication of George Bell by the Carlile review, his name has still not been restored to it. This is small-minded and petty, and putting it right would go a long way towards the penitence the Chichester authorities, and the Church of England as a whole, ought to show.

So, in the names of Truth and Justice, I ask you please to take a moment to add your names to this petition:

https://www.change.org/p/the-dean-chapter-of-chichester-cathedral-justice-for-george-bell-479a626f-47aa-400d-8fc3-61b19fcc5d98?recruiter=834778373&utm_source=share_petition&utm_medium=email

 

 

 

There are many things going on in this world but this is also an important issue one should not ignore, if one cares for truth and justice in everyday life.

However, I was wrong to believe that I could not sign this petition. This one does *not* require the residence address/postal code. There are many readers who do not live in the UK but really care for this subject.

I hope more people, even those who living outside of the UK, would sign this petition now.

 

 

The petition claims:

Two major reports in 2017 and 2019 established that allegations of abuse made against Bishop Bell sixty years after his death were unfounded.

Which is just a way of browbeating the original complainant into withdrawing – so back to the dark ages of the C of E – when everyone knew that htis sort of thing was rife but nobody spoke out – not even those who were happy to speak out against the war effort.

The facts have not changed.

An allegation was made. The C of E had it checked and concluded that in a civil case they would lose (with the facts judged on the balance of probabilities) and so they settled – about GBP16,000 plus a similar amount of costs.

In the absence of corroboration it was widely assumed that a criminal case against Bell (had he still been alive) would not get up if judged beyond reasonable doubt.

After the settlement the Cof E (and various elements of the media) reported the situation so as to give the impression that Bell had been found guilty. That is the only thing that was handled wrongly.

The difficulty still remains for the C of E (and any other organisation finding itself in a similar situation) that they have a lauded hero but htere is an uncorroborated allegation against him. What to do about statues and other celebratory artefacts relating to that person.

That a tough nut to crack.

No amount of further pontification changes the original facts.

Clearly there are those who would like the original complaint to be withdrawn and are applying pressure in manners such as this and Spacely-Trellis type reports which waffle around before eventually putting the boot in.

Disgraceful.

The original point (about the church’s (and media’s) misreporting of the original settlement) was won long ago.

Time to let it drop was long ago.

The only way you can get the original uncorroborated allegation to be withdrawn is by pressuring the complainant to do that – of which this is clearly a part.

***PH remarks: This contributor plainly has not read the two reports on the allegations against Bishop Bell. I suggest he goes to the website of the George Bell Group and studies the issue. Both sets of charges were shown in detail to be ( I put this politely) hopelessly weak. ****

 

 

 

adbob | 18 May 2019 at 01:14 AM

-“The facts have not changed.”-

The facts have changed.

-“An allegation was made. The C of E had it checked and concluded that in a civil case they would lose (with the facts judged on the balance of probabilities) and so they settled – about GBP16,000 plus a similar amount of costs.”-

As a previous thread post pointed out:

Yes, maybe a “legal process” had begun – but there was no trial. 
“Presumption of innocence”, “reasonable doubt”, “balance of probabilities”, etc. all apply only *during a legal or civil trial*. – Phil W | 29 January 2018 at 09:42 AM

-“No amount of further pontification changes the original facts.”-

The “original facts” did not include the facts which came to light since.

 

Signed and donated. In order for evil to prosper it is only necessary for good men to do nothing.

 

 

Signed. Mr Hitchens deserves great credit for his campaign to ensure that justice is done.
I wrote to Canterbury and Chichester to complain about what had been done. I received unsatisfactory replies. It would be interesting to see what they gave to say now.

 

 

 

Thank you for continuing to pursue this.

Is it worth asking how this happened, so that it might be prevented from reoccurring? My guess is that the Establishment (George Carey, the Prince of Wales, etc) was so stung by its worryingly misguided defence of Peter Ball, the convicted sex offender and ex Bishop of Lewes, that it swung too far the other way when faced with an unsubstantiated allegation.

 

 

Signed.
Yes, well done Mr Hitchens for keeping this up.

 

signed.

 

 

I signed. I don’t live in Chichester but do visit occasionally and these visits always include the Cathedral. It has been associated with some very notable people. I noticed that Gustav Holst’s remains are interred there, but my favourite is Thomas Weelkes, who was the Cathedral’s organist about 400 years ago. I do love his music and wondered why he never became a Gentleman of The Chapel Royal. Then I found out that he was rather too fond of the bottle and was often in trouble, even behaving badly enough to be dismissed but being able enough to be re-instated! His greatest/lowest moment must surely have been urinating on the Dean of the cathedral from the organ loft during Evensong. If the Cathedral authorities then were much like those now then perhaps he had a point.

 

Done

Signed. What a shame it has come to this. Welby and his ilk have no honour and integrity and should be ashamed to call themselves Christian, let alone purport to lead and represent a Christian institution.

 

Signed and shared on Facebook in the hope that others might sign it too…

 

 

PH is unwittingly beginning to sound like the defenders of Michael Jackson and Bill Cosby, it is extremely rare for people to completely fabricate allegations of sexual abuse, so I think it is right that someone’s reputation is at least tarnished by such an an accusation.

Of course if they were alive the law would presume innocence as it should, the alleged victims and the defendant could provide testimony and be subject to rigorous, persistent cross-examination, alas, this was never done and now cannot be done.

However, given that we are not talking about taking away Mr Bell’s liberty,, and given how rare it is for people to fabricate sexual abuse,, is it not absolutely correct that the CofE distances itself from this man?

 

 

Thomas O’Thornton | 15 May 2019 at 04:48 PM:-“it is extremely rare for people to completely fabricate allegations of sexual abuse […] and given how rare it is for people to fabricate sexual abuse”-

If only that were so.

 

 

Just signed it now. Thank you for keeping up interest in this matter Mr. Hitchens, I hope Justice is served.

Peter Hitchens on Bishop Bell – Sunday – October 23 2016

http://hitchensblog.mailonsunday.co.uk/2016/10/peter-hitchens-why-are-these-child-refugees-fleeing-france-the-bad-coffee.html

Peter Hitchens – Mail on Sunday – October 23 2016

This is NOT justice – it’s a witch hunt 

BISHOP 1

George Bell, Bishop of Chichester

The Great Child Abuse Inquiry continues to devour itself, in a storm of rumour and whispers. There is some justice in this.

The whole idea that this country is waist-deep in unprosecuted abuse scandals has always been based on allegations that cannot be objectively proved. Now this industry is the target of its own methods.

The whole country has become a vast kangaroo court, in which guilty and innocent alike are accused, and in many cases we can never find the truth.

For a year, I have been fighting the case of the late Bishop George Bell, whose courage and principle I have long admired, who was suddenly accused of long-ago child abuse by a solitary complainant, 57 years after his death. No other accusers have come forward.

To begin with, his own church, aided by several newspapers, the BBC and the police, acted disgracefully as if his guilt was proven. The police even said they would have arrested him if he hadn’t been dead, an absurd and meaningless statement which persuaded many he was guilty.

Now, thanks to relentless pressure by many good people, plus me, the BBC have honourably retreated, the police have softened their line, and the Church themselves have published a booklet about Chichester Cathedral in which they admit that the charges against Bishop Bell have never been tested in any court and are just ‘plausible’, a feeble word given that the accusation, if true, would strip away his good name for ever.

It’s not enough. But it took all the running we could do just to stay in the same place, returning to the old English custom that all are presumed innocent until guilt is proven. If the Prime Minister and the Home Secretary could grasp this point, their hopeless inquiry could be shut down before it soaks up the entire national budget and we could go back to proper British justice.

img_5054

New Guidebook on sale in the Cathedral bookshop : “Chichester Cathedral – Society and Faith” [Pitkin 2016] – Page 37 

https://richardwsymonds.wordpress.com/2016/10/18/chichester-cathedral-september/

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http://www.chichester.co.uk/whats-on/theatre-and-comedy/play-reading-as-part-of-justice-for-george-bell-campaign-1-7596901

Play reading as part of “Justice for George Bell” campaign Bishop Bell

Phil Hewitt – phil.hewitt@chiobserver.co.uk

Monday 26 September 2016

An abridged, dramatised reading of T S Eliot’s Murder in the Cathedral will take place in Chichester as part of the campaign to clear the name of the city’s wartime Bishop Bell, a man accused last year of child abuse more than half a century after his death (October 2, 6.30pm, The Friends’ Meeting House, Priory Road, free admission).

Taking part will be Mail on Sunday columnist and author Peter Hitchens, a key figure in efforts to argue nothing has ever been proved against Bell: “The Church of England gave George Bell a kangaroo court. It was about as marsupial as it could be.”

As Peter says, it is documented that Bell would always travel third class by train; and that travelling on the little branch lines, there would be times when he would have to travel without a ticket. Without fail, he would then get his secretary to find out what he owed and send off a cheque: “Does a man who is so open and honest in such small things fit with a man who was supposed to have led a life of predatory child abuse? I don’t think so.”

Peter believes the campaign has made significant progress: “It has allowed what was initially an allegation to become an allegation again rather than being accepted as undisputed truth, which the church did wrongly to begin with.”

Peter’s argument is that the church and some of the media ignored “the presumption of innocence which is not just a principle in law but a principle in life. The statement that they put out never at any stage says George Bell is guilty, but somehow or other three national newspapers and the BBC all came to the conclusion that he was guilty.”

Peter, who spent some formative years in Chichester, just after George Bell’s death, living in Brandy Hole Lane and attending (as a non-choirboy) the Prebendal School, insisted he is not afraid of the truth: “If it is true, then no harm will have been done by insisting on the presumption of innocence. If it is not true, then a great deal of harm will have been done.

“But I find it hard to see how it could be proved conclusively. It is so long ago. We only have a witness from one side of the alleged events. The accused person is not there to defend himself. One hopes for some sort of event that might bring it about but I doubt it.

All I have ever wanted to stress is that it is an allegation rather than something proven.

“I have no doubt that the reason they threw George Bell under the bus was to make themselves appear tough and decisive which is the opposite to how they have appeared. Their mistake was to think that nobody cared about George Bell any more. I have been in touch with a huge number of people who care very much.”

Peter says he himself reluctantly came to the conclusion, as Bell did during the war, that area bombing of Germany was wrong: “There was one just man who was prepared to stand up and say it was wrong, and that is an important salve to our national conscience for something we cannot feel terribly proud about.”

And that has been thrown away: “This was a solitary uncorroborated allegation.”

Read more at: http://www.chichester.co.uk/whats-on/theatre-and-comedy/play-reading-as-part-of-justice-for-george-bell-campaign-1-7596901