Tag Archives: Presumption of Innocence

March 28 2018 – “Assuming guilt” – Daily Telegraph – Letter – Colin Bullen of Tonbridge

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“Assuming guilt”

SIR – The proposition put forward by a parish officer that the maxim of “innocent until proven guilty” should be reversed in matters of church safeguarding (Letters, March 27) is utterly pernicious.

How is anyone to defend themselves against charges to an action that is alleged to have occurred decades before, and is based on no more than the word of one person?

To place the onus of proving innocence on the accused, as opposed to the need for the accuser to prove guilt, is contrary to our most basic freedoms and undermines the rule of law.

Colin Bullen

Tonbridge, Kent

March 27 2018 – “Church safeguarding” – Daily Telegraph – Letter – Arthur Varndell of Storrington, West Sussex

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“Church safeguarding”

Sir – I think I may be able to enlighten Ruth Hildebrandt Grayson (Letters, March 24) who writes about the case of Bishop Bell, as to the Church of England’s thinking on safeguarding.

At a recent parochial church council meeting in the Chichester diocese, a parish safeguarding officer gave a briefing on the introduction of a programme being trialled in the diocese. Bishop Bell and others were mentioned, along with the stance taken by Archbishop Justin Welby.

The meeting was told that a change of mindset is needed. The old idea that one is “innocent until proven guilty” does not apply when dealing with a safeguarding complaint; the view has to be that there is a case to answer, and the defendant must prove his innocence.

Clearly Lord Carlile was operating under the old rules and Bishop Bell can never comply with the new rules.

In this way, church leaders are able to accept almost all of Lord Carlile’s report but still maintain there is a shadow over Bishop Bell.

Arthur Varndell

Storrington, West Sussex 

March 22 2018 – An Archbishop on Justice and Presumption of Guilt – Rumpole on Justice and Presumption of Innocence

March 22 2018 – IICSA Transcript – Wednesday March 21

Archbishop Justin Welby

Page 119-120 [Paras 21-25]

and at the heart of this has to be justice, and justice is a very, very difficult thing to find, as you know much better than I do, but we have to have a system that delivers justice. That is so important. And if it doesn’t, it’s not good enough.

Fiona Scolding QC

Page 123 [Paras 14-25] Page 124 [Paras 1-8]

One of the points that Lord Carlile makes is that the church didn’t take a good enough account of…George Bell’s reputation. Now, we have heard from several individuals about their views about that. But what he seems to suggest is, you have to start — you know, this was such a Titanic figure that one must assume that his reputation is unblemished and, therefore, that has to be weighed very heavily in the balance. Do you have any response to that?

Archbishop Justin Welby

I think the greatest tragedy of all these cases is that people have trusted, very often, those who were locally, in diocesan terms, or nationally Titanic figures, and have then found that they were not worthy of their trust. The fact that someone is a titanic figure doesn’t tell you anything at all, except that they have done remarkable things in one area. It doesn’t tell you about the rest of their lives. And it is not something that we can take into account.

March 22 2018 – From The Archives [1988 – “Rumpole of the Bailey” with Leo McKern – Episode: ‘Rumpole and the Age of Miracles’ [Series 5 Disc 2) – Filmed on location at Chichester Cathedral [‘The Diocese of Lawnchester’ – Ecclesiastical Court]

Rumpole: “I happen to have a good deal of faith”

Ballard: “Yes, in what precisely?”

Rumpole: “The health-giving properties of Claret. The presumption of innocence…that golden thread running through British justice”

February 24 2018 – “Proof, not reputation, is crux of Bell affair” – Church Times – Letter – Marilyn and Peter Billingham

https://www.churchtimes.co.uk/articles/2018/23-february/comment/letters-to-the-editor/letters-to-the-editor-abuse-nuclear-disarmament-brexit-border-control-bell

Proof, not reputation, is crux of Bell affair

From Marilyn and Peter Billingham

Sir, — Canon Angela Tilby (Comment, 16 February) is indeed right to say in her column that those fighting for Justice in the George Bell case would be naïve to rest the case for his defence on his fine reputation. But they don’t.

The George Bell Group, the theologians, the lawyers, historians, academics, journalists, and, indeed, the independent reviewer Lord Carlile QC together present an overwhelming case that the evidence against Bishop Bell would not find its way to the criminal court at all were he to be alive.

Further, the evidence does not even meet the lower standard of proof, “the balance of probabilities”, required by the civil courts, now that he has passed away. In English law, he is innocent. The evidence would be too weak to take to court at all. Character references would not be required. Nevertheless, since when have character references been inadmissible in a court of English law?

MARILYN BILLINGHAM
PETER BILLINGHAM
Chichester

January 25 2018 – Lords criticise Church’s handling of George Bell case, as Bishop of Peterborough calls for ‘a major review of anonymity'” – Daily Telegraph – Olivia Rudgard

Lords criticise Church’s handling of George Bell case as Bishop of Peterborough calls for ‘a major review of anonymity’

In a debate in the House of Lords on Monday peers called on the Government to "uphold the cardinal principle that an individual is innocent until proved guilty".  
Peers called on the Government to “uphold the cardinal principle that an individual is innocent until proved guilty”.   CREDIT: PA ARCHIVE 

Peers including the Bishop of Peterborough have called on the Government to protect the identity of people accused of a crime after their death.

One member of the House of Lords said Anglicans were “deeply ashamed” of the Church of England’s handling of the case of Bishop George Bell, who was accused of abusing a child several decades after his death in 1958.

A report published at the end of last year by Lord Carlile found that the highly-respected bishop’s reputation had been unnecessarily damagedby the Church when it publicly named him in an apology to the alleged victim in 2015.

In a debate in the House of Lords on Monday peers called on the Government to “uphold the cardinal principle that an individual is innocent until proved guilty”.

In cases until there is overwhelming evidence to suggest guilt, it seems reasonable for people’s reputations not to be damaged in this public wayRt Revd Donald Allister

Official historian of the Conservative Party Lord Lexden asked home office minister Baroness Williams whether the Government would “review the law governing the naming of deceased individuals against whom criminal allegations have been made”.

He called on the Government to review the law in order to to ensure the anonymity of dead suspects accused by “one uncorroborated alleged witness”.

Fellow peer Lord Cormack added that the case was “deeply shocking” and said “the reputation of a great man has been traduced, and many of us who are Anglicans are deeply ashamed ​of the way that the Anglican Church has behaved”.

The Bishop of Peterborough, the Rt Revd Donald Allister echoed the calls and added: “In all cases where the complainant has a right to be anonymous, there seems to be a case for the respondent also to be anonymous, and in cases until there is overwhelming evidence to suggest guilt, it seems reasonable for people’s reputations not to be damaged in this public way.”

However Baroness Williams said the Government “do not have plans to review the law”.

“Any decision to name an individual where that is considered to be in the public interest will necessarily be specific to the circumstances of an individual case,” she said.

January 5 2018 – “What ought to happen after the Carlile report” – Church Times – Letters – David Lamming and Alan F. Jesson

 

 

 

 

What ought to happen after the Carlile report

https://www.churchtimes.co.uk/articles/2018/5-january/comment/letters-to-the-editor/letters-to-the-editor

From Mr David Lamming

Sir, — Lord Carlile’s report of his review of the handling by the Church of England of the claim by “Carol” that she was sexually abused by the late Bishop George Bell (News, 15 December) is devastating in its criticisms of the Core Group that agreed the settlement with the claimant (involving the payment of £16,800 damages plus £15,000 costs). Utterly demolishing the claim (made in the statement announcing the settlement on 22 October 2015) that “the settlement followed a thorough pre-litigation process,” he shows that it was anything but “thorough”. Moreover, the statement disingenuously claimed that this included the commissioning of expert independent reports “none of [which] found any reason to doubt the veracity of the claim”.

Although, as he is careful to point out, Lord Carlile’s terms of reference did not include making a finding as to the truth or otherwise of Carol’s claim, the extracts that he publishes from the report of Professor Maden (commissioned by the Core Group), far from showing no reason to doubt Carol’s claim, give every reason to doubt it.

The obvious conclusion (or it should have been obvious to the bishops who commented publicly on the Carlile report) ought to be that if the investigative process was so fundamentally flawed, any finding, explicit or implicit, that Bell committed the alleged abuse cannot stand, with the consequence that the important presumption of innocence (for some reason, pejoratively described as “emotive” by the Bishop of Chichester in his public statement) applies, in the same way as it would apply to a defendant whose criminal conviction was quashed by the Court of Appeal on the basis of a finding that he had not had a fair trial.

According to the General Synod timetable issued on 14 December (the day before publication of the Carlile report), “Safeguarding” is to be the subject of a “Presentation under SO 107 — with Q&A” on the morning of Saturday 10 February. In the light of Lord Carlile’s report, that is not good enough. Time must be found for a proper debate when the issues arising from the report, and its implications for the Church and the National Safeguarding Team, can be properly discussed.

DAVID LAMMING
(Lay member of General Synod)
20 Holbrook Barn Road, Boxford
Suffolk CO10 5HU

 

From the Revd Alan F. Jesson

Sir, — Shakespeare had Mark Antony say of Caesar, “The evil that men do lives after them, The good is oft interrèd with their bones.” Comments from the Archbishop of Canterbury and the current Bishop of Chichester ensure that this is also shamefully applied to Bishop Bell.

It also raises another important point, which seems to have been overlooked.

I have read Lord Carlile’s report, and the Annexes thereto, and, in the light of the botched inquiries of the Core Group (I cannot call them incomplete), it seems that, if Bishop Bell is innocent, as circumstances suggest, and if “Carol” is truthful, as the Core Group assume them to be, then clearly there must be somebody who has escaped any consequence of his actions.

The comments from the Archbishop of Canterbury and the current Bishop of Chichester render it imperative that a full independent investigation is urgently but thoroughly undertaken.

That tired cliché “Lessons learned” is too often an excuse for little further action. In justice to Bishop Bell, this must not happen.

ALAN F. JESSON
9 Lawn Lane, Sutton-in-the-Isle
Ely, Cambridgeshire CB6 2RE