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FACTion Vol 03-04 Nov 2006

FACTion Vol 03-04 Nov 2006

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Published by factuk
In house magazine of FACT - Falsely Accused Carers and Teachers
In house magazine of FACT - Falsely Accused Carers and Teachers

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Published by: factuk on Nov 18, 2008
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05/09/2014

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Page 1FACTion/ November 2006
FACTION
CAMPAIGN ON BEHALF OF FALSELY ACCUSED CARERS AND TEACHERS
 AGM & AutumnConferenceEdition VOL 3/4
FACT, INFORMATION, OPINION and NEWS
In May 2002 Anver Daud Sheikh, a Yorkshire man andformer British soldier, appeared in Court facing allegations that he had sexually abused two boys whilst working in a care home some twenty years previously. Anver, however, believed in British justice and wasconfident that he would be found not guilty. He knew that he had never abused any child and expected to becleared.In what has now become a familiar pattern, the jury weretold of his excellent work, his unblemished record and hiscaring, compassionate manner. Despite this, they chosenot to believe him and he was given an 8 year prisonsentence.In February 2004 Anver appealed against his conviction.His legal team were confident of success as they now hadevidence that the dates of the alleged assaults did not tally  with the dates when Mr Sheikh was employed at the carehome. The Appeal Court Judges seemed to agree. Lord Justice Kennedy, sitting with Mr Justice Penry-Davey andMr Justice Hedley, quashed the conviction after theprosecution conceded that key evidence given at theoriginal trial was unsafe. One might have expected that tobe the end of the matter. The Court, however, decidedthat they would merely release Anver on bail in order toenable further inquiries to be made, and for theProsecution to consider whether or not to seek a retrial. When Anver was released from the Court he was greetedby his wife Jamilla, their children and dozens of well wishers including Claire Curtis Thomas MP who hadcampaigned on his behalf. Whilst he must have felt elatedat being able return to his family there could be no realcelebration until the Court had finally decided whether ornot there would be a re-trial. Within weeks, andsomewhat unexpectedly, the Crown announced that Anver would indeed face a re-trial, despite one of thecomplainants being present in the Court of Appeal at thetime and hearing why errors in his evidence led to theCrown conceding the original appeal.On 21st January 2005 Anver’s re-trial took place at LeedsCrown Court. Given past events, nobody could be sure of the outcomebut theevidenceseemedoverwhelmingly in his favour.Despite this Anver wasreconvicted andsent back toprison. Just onejuror believedin his innocence.In May 2006 his legal team made a further application forleave to appeal. This was granted. Anver, however had to wait until the 16th October before justice was finally done. Lord Justice Hooper, Mr Justice Aikens and Mr Justice Lloyd Jones listened to defence arguments. Theloss of certain key documents which prevented a fair trial,the withholding of medical records by the Crown anderrors by the trial Judge made Anver’s conviction unsafe. The Court quickly decided the conviction should bequashed. The Crown had the good sense not to seek are-trial. A F.A.C.T. spokesman said he was delighted Anver’sconviction has been quashed. He and his family have hadnot only to endure four years of unnecessary separationbut have also had to cope with elements of British justiceat its worse. He and his family have been let down by thepolice, the Crown Prosecution Service, the judiciary, andby the jurors who heard his cases. Despite this, Anver hascoped with his situation with dignity and withoutbitterness. Rarely has a case attracted so much supportthan this one. Everyone concerned with FACT isdelighted for him, his family, friends and supporters.
 Anver’s legal team
L
eading Counsel:
Patrick Cosgrove QC,
 Junior Counsel:
Mark Barlow,
Solicitor:
Mark Newby, Director of the Historic Abuse AppealPanel
FACTion is Sponsored by Paragon Law 
 
Page 2FACTion/ November 2006
F.A.C.T is a voluntary organisation which supports carers andteachers who have been falsely accused and/or wrongly convictedof child abuse, and campaigns on their behalf, for changes ininvestigative practice, and for reform of the criminal justice system.F.A.C.T. is managed by a national committee who can becontacted as follows:Chairman Rory (chairman@factuk.org)01787 227997Secretary Michael (sec@factuk.org)02920 777499 Treasurer Ian (treasurer@factuk.org)01905 778170Lobbying George (lobbying@factuk.org)0113 2550559Membership Ian & Joy(membership@factuk.org)01594 529 237Press Gail (press@factuk.org)02920 513016Prison & Family Support Joy (support@factuk.org)01594 529 237 The committee are also supported by one other member,and up to three co-opted members and representatives fromthe regions, who can be contacted via the national secretary. All correspondence should be sent to:F.A.C.T.P.O. Box 3074,Cardiff, CF3 3WZor by email to sec@factuk.orgF.A.C.T.’s two main regional groups can be contacted at:F.A.C.T. North West,P.O. Box 167, PRENTON, CH26 9AXfactnorthwest@factuk.orgF.A.C.T. North WalesP.O. Box 2161, Wrexham, LL13 9WQfactnorthwales@factuk.orgfactnorthwales@wrexham.net
FACTion
FACTion is produced at approximately 6-8 week intervals at the nationalcommittee’s discretion, and is provided free of charge to F.A.C.T.members. The editorial team welcome articles for publication, of between150 and 1,500 words, and letters of not more than 200 words These should be sent, preferably by email, to faction@factuk.org or by post to FACTion, P.O. Box 3074, Cardiff, CF3 3WZ. The editorial team reserve the right to edit any article or lettersent for publication. All submissions must be accompanied by your name and address which, on request, will be withheld frompublication. The views contained in FACTion are not necessarily those of F.A.C.T., or its national committee.
Contributors should be aware that FACTion also appearson www.factuk.org/faction and therefore is accessible, potentially, to everyone.
 Welcome to our conference edition of FACTion which is oneof several being sponsored by 
Paragon Law 
to whom we are very grateful. We have also received offers of sponsorshipfrom other law firms and from some individuals. In addition, we have also been able to sell some advertising space inFACTion which will also help cover our production costs Weare grateful to all those who have responded to our call forfinancial support.Let me begin by saying how delighted I am that Anver hassecured his release from prison and had his convictionquashed by the Court of Appeal. I am delighted for him andhis family. I would also like to congratulate his legal team,Mark Newby, Mark Barlow and Paddy Cosgrove Q.C., ontheir success. Those of us who have followed Anvers casefrom the beginning are appalled at the way he has beentreated.Our AGM was well attended and two resolutions wereadopted. The first was the suggestion that the F.A.C.T.national committee produce a report on the advantages anddisadvantages of becoming a registered charity, and thesecond concerned the need for F.A.C.T. to take a moreproactive stance against those who falsely accuse carers andteachers of child abuse. The AGM also appointed RogerGriffiths to the national committee in place of DavidSherwell, who can now have a well deserved rest. We aregrateful to David for all his hard for FACT over several years.Our conference theme this year was
Child Abuse: Moral Panic - an international problem.
It could equally have been
Staff Abuse:a Moral Outrage - an international responsibility.
What Ithink the conference clearly demonstrated is that it is possibleto fight back. We must not only help each other but also helpourselves by working together. This conference has been bothtimely and instructive. It is important F.A.C.T. learns fromthe Canadian experience. The national committee will bemeeting soon to examine how best to take things forward. Wehave already had some very useful discussions with JohnEasling and Dale Dunlop since the conference and hope toreport on some outline ideas in our next edition of FACTion.In the meantime Counsel’s advice is being sought about somepossible legal options. We are grateful to Dale and John formaking this possible and for their generous support, and time,in making our conference such a success.Finally, I would like to mention one idea which emerged atour AGM. This year we thought it might be a good idea tocombine our Christmas Vigil with a Christmas Treat. What we have in mind is to have a Christmas gathering on Saturday 2nd December at St Chad’s Birmingham starting at mid-day and finishing at about 5:00pm. A Christmas buffet will beprovided. We will
need to know in advance if you wishattend - priority will be given to those who have been inprison and their families, or have loved ones in prison at thepresent
time. Please let Joy Gower know if you would liketo reserve a place.
 With my best wishes, Rory 
 
Page 3FACTion/ November 2006
 The F.A.C.T. AGM and Autumn Conference took place inBirmingham on Saturday 9th September. Sixty one peopleattended the AGM, a further 120 joining them for theConference. We were particularly pleased to welcome JohnEasling from Australia & Dale Dunlop from Nova Scotia.In his report to the AGM the Chairman reviewed thecommittee’s work during the past year. This included thesupport given to those in prison, and their families,membership, lobbying, finance, communication andgeneral administration and finance. Reference was alsomade to some new initiatives being planned. Theseincluded the idea of combining our usual Christmas Vigil with a Christmas Treat especially for those with loved onesin prison, and work currently being undertaken on a paroledocument in which George and Iris Jensen were taking thelead. Attention was drawn to the increasing administrativeresponsibilities being undertaken by the Secretary and thecommittee’s hope that it might be possible to appoint a volunteer to act as assistant secretary to cope with some of these tasks. Anyone interested in undertaking such a task  was asked to contact the Chairman.Picking up on a point made by the Chairman regarding  work loads, the secretary also highlighted in his report theneed for a F.A.C.T. research officer, and suggested twopossible areas which needed looking into. The first was theneed to research the comparative re-conviction rates forthose convicted of sexual abuse against children whomaintain their innocence, compared with those whoacknowledge their guilt. The second idea was the need toresearch whether juries were more likely than not toconvict carers and teachers accused of sexual abuse thanpeople from other occupational groups or none. Thesecretary then drew attention to three unstated areas of thecommittee's work. The first included the importance of F.A.C.T. maintaining a credible image. The second areaaddressed the vulnerability of foster carers, gay men, andpeople from racial minorities to false allegation of childabuse, and to the increasing number of allegations madeagainst women. The third area concerned the issue of ‘blame’. Who should we blame for the position we findourselves in? It was suggested that although there were anumber of people who might be blamed for the position we find ourselves in - accusers, the police and prosecuting authorities, the judiciary and juries, child protectionprofessionals, the press etc - one group which was oftenoverlooked were those who have
actually 
abused childrenand, in particular, high profile individuals such as theHindleys, Huntleys and Sweeneys of this world. Theircrimes were not only abhorrent but set our task back many years. It was important F.A.C.T. continued to speak outagainst such despicable behaviour and made clear itsopposition to those who abuse children. The Treasurer presented his report and statement of account, copies of which had been made available for priorinspection. It was stated that, as in previous years,expenditure was greater than income but that there wassufficient funds in the bank to cover all liabilities. It wasalso evident from the statement of accounts thatmembership fees provided less than half of F.A.C.T’sincome. The committee were therefore extremely gratefulfor the generosity of F.A.C.T. members and supporters inproviding additional income. The increasing cost of FACTion was also noted as an item which needs to bemonitored. It was very much hoped that the new arrangements for sponsorship of FACTion would keepcosts within acceptable limits. After the adoption of the chairman’s, secretary’s andtreasurer’s reports two resolutions were put before themembership. The first was that the national committeelook into the advantages and disadvantages of F.A.C.T.becoming a registered charity, and produce a report forconsideration by the membership at a special convenedextraordinary general meeting to consider this matter. Thissuggestion was approved unanimously. The second resolution placed before the meeting was thatthe national committee should be more proactive inencouraging the relevant authorities to take positive actionagainst those who make false allegations and lie in Courtproceedings. During the debate on the subject somemembers suggested that FACT’s current policy of calling for an amnesty for those who admitted making falseallegations was not tough enough. After some usefuldiscussion it was agreed that both approaches had merit as,together, they provided a carrot and stick approach. Theresolution was unanimously passed by a show of hands. The final item concerned the election of officers. Thesecretary and Joy Gower were both re-elected. RogerGriffiths was also elected to the committee in place of David Sherwell who was thanked for his past work. TheChairman congratulated those appointed, and paid tributeto the contribution made by David Sherwell, both as acommittee member and as FACTion’s Editor. There being no further business the meeting closed.
Thinking of You
All of us here are thinking of you. Sometimes we feel sohelpless but remember this -all of us here believe in your innocence. Keep strongalways.

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