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As I fo,llowed my terms of ret'erence in this inquir-w, it trecame clear tc me that lhe very uruslial circumstances raisecl unavoidalrly a perennial but fundanenlai question. [Jo,;',' far should the private behaviour of an elected representative affect their standing as a holcler r:f public office?

This is not sirnpiy a legal issue, although the positicn is coverecl by iar,,' ia the urali lhat have indicated below" tt wilt be a mafter of fact and degree in each case and, itt: drrutrl, in each c&so the subject of public clebate- But above all, it is a quesrion thal needs to be addressed in a fair anci balanced way" For those in pr"rblic life do nol lose ali right to a private lifb, even if it is not to the liking of olhers. Equally, thcir ccinstifuents have the right to e,\ilect an approach to their individual problems r,vliich is never distorted by uni,vantecl attention" They expect that as ot'right from their seneral practitioners. They are entitled equal.ly to that fi'om their elected representatives" If rarely anrl r-rne.lpectedly that does not happen, they need to be hea.rd. That seems trl m* impiieit in the conrra,ct behveen the voter and those chosen to act on their behalf.

I

Br-it Lrltimatelv the consequerlces of my report are not a matter for me . So apart ti-om the specitic canclusions I have reached on my tems of reference, I leave that brotrder question on the shoulders of eiected mernbers and others.

i am particularly grateful to Victoria Etlis of my chambers for her considerable heJp in this incluiry. tr also would iike ti: thank l\tlichael La.r,vther, Chief Executive, tbr
resolving all difficulties with ease and Harriet Wistrich for her proftssionai inpi"it at all
times.

Nigel Fascoe

QC

Purmp

Courf Charnbers

EC,{

Ausust 28th 2013

Chapfer

l.

fnstructions and Chronological history

am instructecl to calty our an inqr-riry into the alleged sexual rnisconduct of lvlr iVlicliael Hancock, CBE, MP and Councillor for the Frafton Ward of Pottsmouth City Cor-rncil towards one oihis constituents AH.

I

The issr-re is whether or not he is in br.each of one or more provisions of the Code of Conduct which then govemed his behaviour as an eiected member- That also requires consideration of the model code of conduct in lawThe relevant period is Novcmber 2009 when A}I first nret N{r Flancock, to iate JLr.[y 2010 whe.l a.llegations she had made to her support worker were reported to the p'rolice' AFi was aged 35 during the relevant period. However it has been necessalY to lor:k at the chronJogy b;eyonalhat date to tolio* the steps that have been laken in relation to hcr allegations.

For the plrlposes of the Inquiry, I have set out in a sirnple table the. main dates and events which I consider to be relevant- It does not purport to contain all telephone' guide and email or other contacts between AH and MH. It is intended only as a generai therefore should not be taken as a complete surnmary of evidence or aliegations'
The tablc however indicates the main

which Mr Hancock took as a councillor on

Southsea to discuss the issues which concerned her, principally in reiation to disputes with her neighbours, a possible (BI{) Mr change in accommodation and issues in relation to her twelve year old son evening' Hancock visited her house on a number of occasions, normally in the

AI{ visited the surgery of Mr I{ancock in Albert Road,

ln the course of that relationshiP, there were presents bougl'it and exchfsea and a visit by AH ancl her scln t1; the Houses of Parliament in March 2010' That was at the invitation of Mr Hancock and they had a rneal there together. In late June 2010, AH abor-rt her went into hospital for an hysterectomy operation- Later she had a complaint hospital stay, which iVir Hancocl< pursued on her behalf'
Central to my enquiry is the credibility of AH-

4

It will be seen that I have had. the great advantage of a very comprehensive consultant psychiatr-ist and report provided by Dr Frank Farnham, a leadiig forensic gH- In tfre fight of the comprehensive nature supplied by the ,oii"i,o., acting on Uefraif fi'uther expe* of that report, I have not thought it necessary to commission any psychiatric evidence. I also have GP medical records of AH'
but I have sought tr: It is known that AII is pursuing a civil action against lVIr Hancock, in<lependently of any other approa.ch my task by making up my rnind Jompletely
proceedings-

psychiatric

able to form a clear vier'v as to Essentially I have seen AH on tr,vo occasions and been her credibiliry.

i

5

Chronology
f

september 29,

!zoos

Adult Mental Health S*rvice, wrote to Officer in support of the request of AH for a change l-t{ausing ' of accommodation because of diffi*ulties/disputes with neighbours. Reported &at AH had been involved &om time to time with the psychiatric service
since 1996
ert Road with her then boyfriend AJ and her l2-year-old son. She raised with N{H problems with her neighbours and also her claim for R-espite Support, which had been discontinued-

October 10,
2A09

October 14, -')09
October 22, 2009 Sctober 23, z}a9 iOctober 26, 2009

I\ff{
Ivfi *"tAiI - *py ffiad
Behaviour Unit
conceming AH: apossible option is to move-

iour Unit

received from the Anti-Social

ing OPtiors

Offi,eer

ffi

ei zz regarding the Aniisocial Behaviour unit and gave further details of her concerns a"nd particularly the cost of fencing of the garden.

November 3, 2409

her latest letter and assured her

"

{ t''sill

certainly c{o att I can to help ancl I will come back to you aS soon as I receive a reply. You can be assured tlzat I witt cto whatever I can ta help."
anking him for his lefter' "'{'nt sor: to burden you with these things but I'nt struggling to lrrtow',vhat to do anC due to the apparent lack of house elsewhere I feel vety orrxious about

No"**U"t
2AA9

It[ovember 5, z0a9 November 6, 2009

MH sent AH a letter
Department

he had receirred

on her behalt i'om the -Houslng
i

IfdlI wrote to Mr Owen Buckweli, Head of Housrng luanagemenr seeKrrg some form of compromise or other source of finance to help AH obtain

fencing

i
I

I

MH sent a letter to AH enciosing

a

copy

of the letter that he had sent to

I
I

--.-..--*l

A}{ went to the office of M}I
Anti-social Behaviour c0@ement .rdt"*trr, *tp"*&d to MH lettet of November 3, 2A09 Andsocial Behavior-rr Unit to AH l/.

ldovember 17,
2AA9

"l' am also endeavottring to fittd a wo-y of trying to help yott tviilt regarcl to yolff re-housing and I will continlrc t0 tlo that. I tt'ill probably he wrtrking in your ctrea this Friday, ZAth November, ant{ I will endeavoz'tr to call on yolt' lf you at'€ in, and talk throttgh with you, face to Jace, whatever optians 7Ye can can come up with."

- ivember 23,
2AA9

Safeguatdtng to IvG{ to address got hs1-son' concerns expressed in relation to AH and her supporl

R"rpo"6

fi"* Childffia ffiof

AH *,or" to vfi{
unrvell.

Nov*mber 17, 2009' she rvas as she hact been sorry they had inissed each other <ln Friday, November 20th

,,[t yvould be great to meet up saon to dtscttss some af the topics 't)e -w€re thin,gs goirtg to dtsciss at the time you were going to visit, Obviousfit tltese Tha'nlc 1;ot't are still playing on my mincl-"..- (Ftrthir detai{s af her concerms) so much.for all yaur helP sofar-"
atthe home of AHher 24th and Providing a copy of a letter receivEd from the Head of Children's Sociai Care and Safeguarding"

concerned

with repairs and maintenance' wr-ote to

['{LI

L ,cember 2,
20a9

can but I am going to try to find d s-ifi'nt{on I am away for a few wltei,e we cafi meet and f think I witl come and visit youvvtll be back at tlt'e days this week working abroad arzd also in London but I and see you but tf not I weekend- {you are i Portsmowth then, I wtll corne week' If I will come and see you sometinte at the beginning of the following about tlte issues and came to see yo* r,u will certainly have rnore time to talk I witl do whatever I can to helP,,[

will continue to do what

I

and Please be assured that you have my fullest supporr way, I will."

if I can lzelp in

arry

i\4FI also wrote to AH with a copy of the letter received &om Repairs and Maintenance at Lamport Housing Of{ice concerning a furice.

I\G{ wrote to AH, enclosing a lefter received from the Head of Children
Date AH r,vent to the office of lvIF{

February 4,

Date when

it is suggested (in her solicitors' letter of complaint)
AH

that L/GI

20la

made a irorne visit to

;bruary 8,

h4[{ wrote to AH thanking her for her letter.

24rc

"ft was nice ta meet yau and (your son) the otl'ter dny. I will continue to be available to help you whenever wherever I can. You jrtst have to ask and f { can assist, t wiff do all f can to help eitker of you-"
iVG{ wrore ro

Nk Owen Br-rckweil on behalf of AH seeking further help for

her

February 16, ?010
Febmary 21, ?010

received a lefter from made to AH about a move

MII

fai;,it;na aali fi;m N&I to AH - It is suggested
her son would like to visit Parliament

that MH asked

if AH

and

f

201 0

"nruar7-

2

NIH wrote

tolconceming

fencing

"I do believe that we ought to be able to do more to help (AH) than we are ct
tlze

present time."

February 23,
2010

MH wrote to AH with copies of letters received

:-ebruary 24, r010

to make
proposed visit to the Flouse of Commons

arrangements

for

a

;ebruary 28,
:010

MH received a fu*her letter
Sr.rggested. date

when MH made a visit to l:.ome of

AH

4roiolffi
i

iamentancllrad
there. irvlH drove AH and her son back home'

air*".

March 9,2010

ffi
with a copy of his rePlY.
concerning the possibility of fencing'

HousingDePartment

Landport Area Housing Office
about bringing back perfirine for suggested discussion between lvIH and AH AH from atrip hzG{ r'vas making abroad

'arch 15,

M@;
Paris to AH

eAHPertume

20i0

e

ofAH

r
March 24,
7n10

gifts' including

a

Jl tt AH' h- is alieged to have
made a comment about the toy bear to her
e home

March 25, 2010 March 28,

of A

Lv AH lYu! to v1 MH llrGDD4E! of ^ &^ LU,(L rnessage III'SL text I ne trrst The

20i0
March 29" 2010 March 30,
2010

at around I 1924:41: Don'tforget to go to tvty office
AS

I o'clockplease x

2*4+

Anking of Yozt

Ag09f 0, Ok b" strong I will talk soon x
1407:24: No You have not I Promfse

April

i.

20i0

-ilOi,

iS.

WVtat

time w{ll tt

b

horue

Suggested

ivIll went

to the house of AH

April 2,20),4 April 3,2A10 April 5,2010 April 8,2010

Suggested MH Phoned

AI{
th clothing bought in recent

Text
175

NzIH:

cost f 10

- MH to AH
a present

5:50.- Thartlqtou mY loue x

.rril 10,2010

AH went to office of lV{}{ with

April

11, 2010

1656: IT: Much the same not good a bit ptssed

off lrope u get better soon x

I65B:52: Being

ill

u gave nze it x 1704.00: Taanks a lot it makes mefeel better lcnowing

, -ril

13, 2010

I{o"sifi Officer wrote to ".-i""t"d
f"t
another property in Portsmouth Suggested date when MH went to house of

A-}I

AH

April 24,2014

MH telephoned AH
1340:44: Were r u wY love xxt

April 28,Z0lA

@homeofAH
23I3:52:
Tltanlc You mY loue

{pril
\4ay

29,2A70

wx

i,

2010

15n44;

Thank you it means a lot to rue x

VIay 14,2010

@ohouseofAH

iVlay 18,

20i0

&fi{Cl"pb
Xt

AH, allegedlY from Paris

}l4ay 27 , 2010

steep right my love xxx "ryhi 2327:05: Thankyou as long as it's not awet one xvt

f\rcord
19

June 1, 2Al0
June ?, 20L0 une 3, 2010 Ju:re 1 4,2AlA

Recerpt IvIH

ea UY k{H for AH

*-"t t" h"l-rte of AH with present of clothing

fficertoAH
ffi
and i miss

b:rtfr* *" I k"r*

what

i am talk{ng

ahor$ n

r

v€,y

lcnow my love xx May yrtniust got to like me ft can happen u i can never to ht'rt you {ove I52B:09: I witt my love proynised to do everything always
t 5.10: I8:

2048:21:

I wish I

wcts

thete mY love mx

and sexy to me xxx about lter please look after yow'self, yoxt are special

goodto me trtiss yottx-xx 2l4i:50: Let me be theiudge of that rnlt love it loohs ilon't make yourself ill worryt 2207:40: I hape my love be careful with her

2{} I I:26: Me ro sleeP well wY love

w
od

June 15,2010

1419, Ht

i;
:
It[ot

*iuing

a big kzis

xrr

1429:

31

so much of the old boY w
my love x*tx

}.rae 19,2010

2339,

3sJ@"lone

June 24,201A

MH telephoned AH:
Daie ihat AH has h]'sterectomy operation

June 28,

24rc

0801:

Hi my love good tuck i wilt be thinking ofyou it w{ltr be ok x

I23B:37: How are you

mY love

xxx

MH visited AH in hospitai
2027: I

l:

Good wf,ll see You saon

June

29,2010

2L30: Just get well mY love xxx

June 30,2010

he right Place get well mY ksve

July 1 ,2A10

0942:

55:

How are you today nty love xxx

-

:y l4,2AlA

re comPtuints of AH during her

July 16,2010 July July 19,2AlA
Hospital
14th

il&{ re his ietter of

tffi.

ffi

*rvit"s Coordinator, Portsmouth t" ltfi{

out complaints: a fuIl investigation to be carried

Iuly 20,2010

*

housing for MH

luly 21,2010
'fuly 26,2010

ffi
and from Lamport Housiug Area Housing Office

theHosPital
rtsmouth HosPital NHS trust

July 27,2A10

SuPPort

Worker'!
tc Pc

re alleged conducl

then reporled mattors Police Public Protection Unit

of MH:

il;tr

July 29, 2010

--..--_':_-_' Street' Fratton MH send lefier to AH concernrng ; pt;t-nY in Hampshire

rvhich slie had accepted and now declined'
**h.ether you a\"e "Please let the cormcil lcnovv, as a matter of Lfi"ge?\cy, Plectse let me knott' t-f')'ott intenclirtg to stick with your decision not to move' utantJ' rtlter helpTTom me." N{I{ mua" tutth* dd"G"'*ioncerning

August 5, 20i0

[it;d AH;Jlo

August 6,2410

her Support police visited the home oi AH to investigatc matters reported b)' lVorker a NuG[ r'e compiaints oJ- A11 whilst U.J,rf" W;id, ahi"f Executive, ;.itt, Hospital patient on Ward D 8 at the Queen Alexandra

Augt-ist 9, 2010

Potiffigurgriru
compiaint
rvtH i*rri

haformal
Hospital

nH;l.tt". .*"ir.a f';;-P"ttt"*Jtt'
lcnow where

"If yoz.t neecl attythingJi'trther ltou
August 15,

I arn'"

2-r0

a,PPrc'ached the Police (A.pproximatelY) a *.*U"i of ir'" ii*ulth community that MF{ had made and Portsrnouth Ciry council to express concerrls to a vulnerable adult unrvantecl and persistent sexuai advances

wrote N*istlbourhocl* Ho"sing Assistant associtrtion renting a property du-ough a housing

I

to AH with

agiin in contact with AH

September 23, 2010 September 24, 2010

S;d;t ffi"* j;"*"lirt D;i;l

r'Ggo t"t"pt'o,,"a

vft

(ttunscript of

AH contacted Poiice to re-open enqulnes

A@esundayTimes

October 24,

mffi

Lit'eral Dernocrat par-{i

z0t0

ffi
Jwrc 2, Z0l2 tus consulting rooms

nagainstlvlH

b
September 28, 7012

ffi,

consultant

ichael Lawther"

May 23, 2013

NP@outlnquiry
Ft.rtllrq"iry interview with AF{

July 10,2013

)*ry 17,2013

ffi*withAH

15

the Code of Conduct Chtpter 2, Tsrms of Refsreuce and

governing portsmouth city co*ncil f'the and it is The code of Locar Govemment conduct vcor i* extumeiy straightfcrward r"1-ry *rrirr*-. ffir--L code*) M<del quite urmeces$ary to set it out in fuIl'
makes it plain that Section 1, the Inteqpretation section, l"d its scope is covered by section 2'

it

appiies to a mernber o[ an

the of the arrthority which includes busine*s the conduct must rn essence, a member in acccrdance wi& the current r;';;;"iected' h. which to offrce the of businsss
code.

""rr,"i.v

generat oollgarrulrD L,luvr evantgeneralobligationsrmdersection3arrdSareeqrrailyclearcut The potentially relevant
3

iI)

You must treat others with respect'

(2) You must not"'
(b) butlY any Persotr

SYoumustnotconductyourselfinamannorwhichcouldreasonablybe or authority into disrepute
regarded

J;r.irmyl""

"rao*

or 6(a)Youmustnotuseorattempttouseyourpositionasamemberimproperly ather pol'ssn an advanttgs J" yo,ri*Irr ror $eeure to corfor on or
"ny
disadvantage'

to financial to !v limit the word 'advantage' wrlltt;uvvur whatsoever reas'Jn no is there In my view, benefit. of being defined &s &n capable is relation*hip Thus acting $o as to seek a senral advanuge. the original complaint' aspects sf&e cofe following other considered have I Although #'iieht-of the "'id*n"" which I i" f*tf'; aev*9r;; to I do not find it necessary I have reached my conclusions'

i*

*orruidered

;;";;";h;h

The events

with which I

2009 to July the period November am concerned occurred in

20t0.

1D

"l'he Code would have governed the behaviour of Mr I{ancock at that time'

as a Subsequently the Council took the opportunity to ad.opt a new Code of Conduct Localism the by consequence of the changes to the standards regime brought into force Act 201 i - That came before the Standards Committee in luly 20L2-

AJthough the Localism Act repealed the then current model Code of Conduct' in principie any nei / code cannot operate retrospectively- But it is necessaly to consider the Model Code in law because not every private act would amount to a breach'

Chapter 3, Larv For the purposes of this Inquiry" it is important to set otrt one tnafler of Lalv' nameiy the rernit of the Model Cocle ot Conduct.

A Counoillgr',s concluct is govenr edby the N{oilel cocle of condr-rct (fhe "Code")for the The Cocle applies only w'hJre he/she is acting in their ofticial ca'acily, save
follow-ing exceptions
:

be Intirnidatiop or attempted intimidation of any pel'son who is likely to

a

complainant, proceedings in rvitness, or involvecl in thc administration of any investigation or rel,tion to an altegafion that a menaber had failed to comply his or her nuthonity's code;

office into Conduct that coultl reasonably tre regal'ded as trringing their
disrepute; and,

confcr or Use or attempted use of their position as a rn€illber to improperly secure for themselves or any other persoll, an advantage or disarlvantage'
in an appeal which The rentit ancl scope of the cocle was considerec{ by the Fligh court sought to estabiish when tr mcrnber is acting in his official capac'ity:

Livingston v Arljudicati.n Panel for Englancl t2Q96l E1VHC 2533

(ffi)

a reporter ]Iads a comflrent coinparing The Appellant, whilst being 'tio6rstepped' by -a1d asking him whether he had been a the reporter to a concentlation carnp guartl acted in a mannel i'rhich Cerman war criminal. It was allegei dat the Appeltant has he was not acting in brought his offrce into disrep,-,t* Jr.l the Peurel for.na. that whilst breached il1s fLrde' his official capercity at the time he made tfte comment, he had still advantage' 'Jid member's official capacity, such as misuse of position for personal c'omments had brought not apply in the pr"r.rt case. In concluding thaithe appellant's betwceil "ihe hirnself into disrepute, the adudication po:rre1 had faiied to distinguish ofl1ce into the bring man and. the affice", Personal misconduct rvas unlikel.v- to between the man and the clisrepute. The case highlights tlie inrportairt <listinction office.
acts outside of their official The ruling helcl that the Llode could extend to a member's and 'any othcr: capacitl,, b6t that those acts had to be 'in perfornring his functions'

outside Mr Justii:e Coliins held that whilst the Code could axteud to conduct it

a

1d

LO

circrunstances' r ras to be construeci nan'owly. In the ab-seni:e ol misuse trf cfJice, concluct not done in an oflicial capacit-v could nol breach th.e code. This is an itnpor:tanl ciecision as case tribunals had not pleviously regarded apparent misuse of office as necessaly to trigger t11e code's juriidrction over privatc action' They hacl ta^lcen the view that 'any other circumstance' covered conduct reasonabiy capable ol being linked 16r, or having a bealing on, the officiai capacitl'.

The G,:rvemmenl respondecl by passing Section 183 olthe Local Governtnent ancl Public lrrygivemerrt in Health Act ZOOZ wtiioh provicles that the Code ',vi11 sa,v r'r'hether pt'ovisions apply only lyhen a membel. is acting in an official capacity or olher thatr thal. This section of the Act is yet lo colne into f,orce.
Althongh a disti1ctiofi m?.$t be mac|e be.hveen the man and the A-ffite, the entirett of ,.2 i)ouncillctr's conch,tct cam be cortsiderec{ in the routtd to ti'etermine whether b rea.c h hac! occr.trred
n

In Sanders v Kingstou 120951AII ER (D) 12 (Jqn) the Claimant was suspendec{ froiri office lbl tr,yo y*"i, clue to ..**L, h" ,r,r.le in response to a request from the Chiel Exeoutive c,f another council, asking him to suppgrl a campaign lbr a tLrll a11ci The inriepenclent inquiry into recent deaths of army personnei at theil barracks' r*le remarks fell into hvo categories: i'emarts ma<le on offi"i*t headecl paper and in his -tirrther varioLts offensive remarks made in inten'iervs rvith as Chief Execurive, and mcrde of metlia outlets. The Tribunal fotutci that the Claimant's correspondence ancl
exprr.s5sion lvere sucir as

to cause the reputation of the local authority to suflbr in tho

mincl of a reasonable onlooker"
T'he Claimant appealed to the

High Corrrt.

tht: Amongst various other ground.s of appeal. Counsel tbr the Claimant aftacl<ed judgment of the Tribunal and advan".,J tlr. algpment that they had not separated the rernarks rnade in his official capacity fi'otrrthose nol made in rhat capacitv'

In paragraph 5g of their juiJgment the Cogrt addressed this issue stating: "."1t is clear that the case tribotnal t'ietuvecl his cornnseruts irc the rawzd anrl did ttrtt Coctlrune separate thern ott inta constituerut elements e-g., per'tonal ctbwse t<t ihe Irich ge'nerally' s-tatements of' fctmily,, dtsparagi.ttg rerutu'lcs about the Nortiern troubles" It is clectr resenrnt€?xt abor$ tie sacrifice nzade by Englkh soldiers clz*'ing the to tlw that their approctch cnd their proces's ofiea-toning w(ts to take tlt'e comments were they *rcdia iyt the rotrncl antl not to compaitmentalise thern' In m-o' it'dgmertt of what they entirlecl to do so. It wos legitinmte fo l,'tctlte yegard to the ot'erall ffict .found he had sttid. "

19

acts performed The Court therefore held that as long as recognition is nrade between perfonned in that when a mernber is acting in their o"fficial capacity and those not capacity, the Court *uy tiill consider the conduct in the round'

Chapter 4. Allegations of AII
considered,irrelevatrt for the Note: the extracts of rwo Interviews with AH have been edited, removing material in the first interview occasions were There purpose of the L;quiry and other material put intoa readable iorm' made complaint' had she which of ,lales incidents or when tlie atiention of the witness was drarvn to specific

Chambers Principal edited Extracts from First lnterview of AH at Fump Court tln .L0,Iulv 2013. gguducJed hy Njqel Pascoe QC Nigel Pascoe QC ("NP"; Victoria Eliis, Pump Courl Chambers (*VE") I-{arriet Wistrich, Bimberg Peirce & Partners

Present:

AH of complaint written NP inclicated that he was qr.iestioning AH on the basis of a letter on her behalf by her solicitor to the City Clouncil'
anY extracts o[ NP expiained that the consent of AH r'vould be needed lo publisir medical report: consent in principle was obtained from AH'
a

of commons / NP asked for any letters written by Mr Hancock (i\GI) on House needed to see such Portsmouth Council note paper giving advice. NP macle clear he documents to know what i4H hacl been doing on AH's behalt-Commenced 16i,02 pnt

NP invited

AII in the absence of an oath to be accurate and tnithful'

NP: You rvent to iVIH's constituency office' Had you met before?

AH: No, that was the first time with vour claim for NP: You have said you had problems w'ith your neighbour and respite support?
Yes, Social Services stop my respite when I get betler

NP: Can you summarise your problem with your neighbour?

20

AH: There are parties until God knows when, sttryid o'clock Friday and Satr:rday niglrts aad sometimes in the week One time they all ended up in ary garden' I want
down and said

I

had had enough and &e,y threatsned to hit me.

NP: How long had that trouble lasted?

AH: It went on for about 2 to 3 years and I was at breaking point
NP: '?fas anything said or doae thatwas impoper attlwtfirstmeeting?

AH: I was with my son and boyfrien{ he MI{ kept winking which was weird'
NP: Winking at you?
tinne I toid AII: Yes at me. My son afterwards said he fhought it was weir& At t}at suppo* for him IMq] I had mental heaith p*if"** *a tti"I to show him letters of

this, but he didn't want to see thenr. NP: Why did you ws&t him to
see

&eP?

AH:

I bai aletter of support saying this lady has rrental health prcbiems and
a

needs to move.

NP: In November, you went to the office for

follow up ap'pointment?

nryself to and my son- He said-maybe I should [ves, but I seid they rroi'rldn't help as I was Buckin&Iram Councit as that is adequately housed.

AII: I went with my boyfriend

whe;*

fY*l

NP: A straight-forward meetiag?
AH: AJ
rod said he was looking at you up and dovrn, but notling my son' fhappened] until I was onmJr own with
rryas csgey

hiad

NP: Do you remember any comments he made?

AH: Fimt time he said to rny son - is yor:r mrlln

a

bit of a scelterbrafoi?

NP: He wrote

a letter srggesting a home visit to have mone

tine to discuss the isstres?

$-etter avulable)

AII; Yes

21,

yoirr, son? hlP: You werrt back to his offlce on 9 Janriary 2010 i rith

AII: Yes and he gava {ny son a box of Quality
NP: What questions did he ask?

Streets'

bit of a AII: He basically looked at me and my son, - (saying) "Is your mum.a explained - ali over the scatterbrain" and he frny son] asked what that meant and I question was - was I a good place and he said "No, just moody sometimes". The other son' oook, clo I cook - those .ortt of qrrestions' Obviously I feed my

NP:

Next date 4 February: fsuggested] thx he

came

to your home at 5-30Pm

unannounced- Do you remember that?

who? He said it's AH: Yes. He buzzed my door and said - Hello, its Mike- I asked let him in' He seemed MFI the MP, he said he was there ,o ,"" the garden, so I the other garden' which is disinterested in the layout of garden. It is not separated &om a chat' the problem. He aslced if it was ok for him to eome in for

NP: How were you?

AH: I felt unnervedNP: Did he go in?

AH: Yes and my son was happy at the thought
present.

that anMP was at our house' He was

NP: \Yhat was said on that occasion?

I said my body and abdominoplasfy and bad' He said in front of my son was not happy with the result. He said - call't look that yo* belly. He picked up my pyjamas and said - Are I'm not going to leave until these your pyjamas? Do you wear them to bed?
AII: he asked what was I unhappy about I

L..

NP: Anything else?
- you just need selfAH: He said I don,t think you have rnental health problems feet' He said confidence lessons. He said he could do reflexology on my

and depressed' something like it would probably make me feel not so sad

NP: I{ow were You feeling that daY?

I was pretly stressed' AH: I'd been to a chiropractor that day as I was suffering'

2Z

reflexologY

do bacl k with a bottle of wine and The witness said that MH said that he would come

^--r ^^,.r. move saw the chircpractor and couldn't I said I door, the at goodbye I said As AFI: my neck, so he touched it and said - yes it is stiff'
NP: So the next daY, whathaPPened?
raet ofticg and said it was nice to have AE{: He called me &om the Fratton Lib Dem fike he had put on a pcsh accent me and BH. He *;"""ry iug*y.ff" to,*a"d

tha* to yorx hcrne' So you remember cd1 personai anottrer is fhere 11th the NP: On asked the partner t}:at I was with and AH: He asked me about my previoi.rs parh:ers, has this to myproblems' I don't think relevant isn't this said I and stuffsexual about anything to do with you. He wouldn't shtrt up'
NP: What did he saY?
say I',ve been abused AH: He asked - was sex any good and I went onto
as a

child' I

4"";t wantto talk about it- Ii.eltattc

about sex to hdHJ

NP: Did he saY anYthing when he left?
he said don't was painting with AJ an{ I said I and ship a ravy on was he said AH: Ha the snip' I had , ut*Jxurioo. rrc said I have had get pr*gRaat. I s*J r

"*,t,

NP: What haPPened when he left?

AH: He waited onthe sairs for a firldle'
NP: Did he uY to shake hands?
closer pats you to ry'and bring you AH: No, he tries to hug you. sometimes he

NP: On that occasiou?

AH; He gave me a hug
1lfelI call to say thank you for a Get Np: Moving forward 10 days to a telephone card. Do You remember that?

A[I.

Yes.

23

NP: Why was that sent? went to his office and he l'vas was over a teiephone conversation. One time I his eye' So as a gesture I sent a Get late and the reason he r,vas iate was ;-p;i.*with 'W*11 card, as I felt sonlr for him as he didn't look well'

AII: It

you when he rang? NP: 'fhe visit to the House of Commons' How were
they tipped rubbish in my AH: probably in a massive mood about the neighbours:
garden. about her hysterectomy l,lP moved on to a discussion she had with MH

AH: Yes, he called me - mY darling
IrlP: What are you saYing about it?

like AH: I said I,m liaving a hysterectomy. r won't feel
NP: What was his resPonse?

a real woman'

AH: He said that's not true,
NP: Were You down?

AH: I had e-coii, and in and out of hospital
NP: Was he trying to cheer You uP?
a reiationship' AH: No, he souncled like he was trying to pursue

NP: What did he say that gave you that impression?
worBen want to hear AH: He has a way with words - he tells you what

caii made to you at 8pm at night' Np: Four days later you have said there was a And what is being tuia it - I've lost your number? and AJ lvas up in my AH: He turned up at my house. h4y son got the door,"me where "*ho the bloody hell is that" I asked room. BH got the door *d *" *d;i;; to be asked to corne up' is he? He was downstairs and he was waiting door to get to the House of Commons initially phoned me about *o.r"ythr;;gh my
He
and I said

I don't need Your money

NP: I-Iow much moneY?

AH- saw him get it out but AJ saw hirntviththe money: to do with you' I said I don't Al roid me not to take it and h- t1vfi{l;uiJ i'" nothing
want Your money-

he told me it was around I'50'

NF: Did You see it?
.AH: No

NP:

Di<i AJ tell You about it?

AH:

Yes, as I had rny back towards the door

ldP: Then he got in contact with you about arrangements?

AH: en

d:.e daY

lve weltt

booking a table for dinner? NP: On the 4th March, there was a telephone call about

AH: Yes for three people; him' me and nry son
your home bef'crehand? NP: Did he say anything about coming to

I knorv he had been to the police AH: yes, AJ relt uneasy irirn just turning up anl comer"' u"t "I was just around the statir:n as that was his "*"t
this call NP asked about the subject of medication during

I had walked along the i:each AH: I said these pills are rnaking me realiy drowsy' to try and clear mY head

NP: What was his reaction?
you don't need them' A1{: You should stop taking them then as

NP: What time did you get to the Hotse of Comaroas?

AH: fu'ound 6ish

son aaa nnisned schg{'.ry.ryry AH: y"u, I,had to wait until my prrr*rfilffii"* ff* *ii O*t't crqls over the road a's I me how to get thore. I went to saw the House of Corrmous'

rang me and told

NP: Eventually you

* ,ut* around the Housc of Commons?

A4:Itwasfttly*-Y ,,
AH: Twenty

:
:

. ,,

:

.:

minutes
::

AFI:

Yes

:

really tipsy' and said hery you ars AH: He kePt toPPing mY wine uP, trr)r son noticad

I

NP: AnYthing else?

NP; Hsw did You go

home?

'

'

: "

:

::
a garage'

at the way home' He stopperi AII: He gave me a tift wrth BH atthe bach all

Ar*

I said he liked ISteve Winwoo4 and Herwas tatting aborrthis CD'collection'

:

AII: He got CDs out andtheY were tutti*uaswe11.'Atlthe#ayhcsaid-takeyour

'NP: Were you sitting in the

frout?

:

AFI: Yes,I d.idn't wantto

AH: No,I didn't

: The witress

continued - He was tEUing me about his sexual

p**

and about &is

NP: Yor:r son is

there? asleep

.

AII; My

son fell

,

,

NP: So he wouldn't have heard?

:::::,,,

NP: What was said?
,:,,,
,

The wrtness said,thflt Mffilspoke Xrout otnq afiBgedisflrrral corfacts'

AH: I found it disgusting - considerint,he *as a:malried pan'
yourself?

Horv do you live with

AII:Late, at arorrnd 11.30
,

AI*

He, asked

- did you eajoy yourself,, I said yeatt lt

yfs alright

He didn't ask

if BH

A[I:

Yes he said if he had *nown, he would have pop'ped back
,

AH: As he texted me

27

NPaskedthewitnessaboutherrcferencetoperfifne.

AII: He was goiag

awa1 on a

fiP to Faris

NP: What was going to happen about the perfume?

I'm not being fi'rnny' I have a AH: He said I'11 bricg you so111e parfume back' I said how would he lsrow what iot aad he said I'll get you one you lr*"1;;. I asked I have got?
NP: What did You saY to Yor'rrself?

AEI; Is he being nice? Is he just being nice?
NP: -What question was in Yow mind? AFI: Was he being nice?
was being friendly The winress said that she just thought that I'ng

NP: What were the arrangements about perftrme?
at tbe house' I had just had a AH: He had been harassing me all day aad h9 firmed the door- He sffit rfie tsxts all *u*"r bath it was about g3;,a lhilcnty to ten * t aido't in Tesco and askod where I am' i m;;h*]w*s ,anq you. f1u aro where day sayrng }tu t *g*d it qver bv th* bw stop said in Teseo *d'il;fi;;;;o*e rh-

"*rr;.

NP: What did he say when he handed it over?
got it' AH: He said - hope you haven't got it' I said I have

in Faris? NP: What was the conversation about him bsrrlg

AH: He was sitting bY the river
NP: He said?

:

ever would you know' he asked if I'd how said I and it here you'd like said Hs AH: - fre saia I hed a dirry laugh' been and I said no, he commented

how far away Np: At this stage you are going to be offered altemativs FroPerty'
is that?

"bo;;tfr"gh

Portsmouth AH: They saidthey couldonly re-h<ruse me in

2A

[A discusiion about housing followed]

to cqqe. rouud and s11d:they are'Ssl$& and housing the about a meetiqg had He AI* is an lqfil and counct{$*'gm you make an offer, but srrrely it suo*jliTimpilt:ht going to helP her or not?

.

:

to do Np: At trris point,ne hugged you, but he did not try

*

*

fir&er:

is that

wine MH brought ror:nd a pgttle of NP asked about pr€sents. The wihess confirmed late atnieht

AII: Pretty tate,

10P'm.

mints bear, House of Corymons The witness said he had a Uomft of wise, a'ioddy and a bottle of water :,,

eH,

:n ,bottle of wine - n" said we strouta tnu* that bt,1 I sh$ed

it Yith

*

NP: The teddY bear?

'

AF* He said to BH this isn't for you for hin. He said what shall :: call it Mike.

we;ti;*d

f as thought it was *9J ry* he was naffed of,I should f ;ed;,*a n" said th'S vcu

NP: Doeshe say anythiqg else? he sprayed it AH: He said take it to b6d with you aad let me lffiow how it behaves and with his aftershave befor". I don t krrour horr but it was alroady sprayed'

NP: The next morni:rg he phonedYou?

AH: He said he was ringing to

see how the bear

*!t bear, behave{ I said it's a ft***:*'f

how do you expect it to behave?
the day a*er the NP; You told your solicitor that there was a time sorcefhing happened happea &e day aftsr comlnent about the kar. He telephotrud yoo agur.'Did sometlung the bear?

AII:

He forciblykissed me
us-

NP: Justtell

me really hard and had red son and he put his hand ovef my mouth and.wasrsstrainir8 marks on my arms
IrIP: How did you fee1 about the

- I want ts see AH; As he was going out the door he basically said this,rymm3l gfabbed my arms aad he you krsa as well as you look aad I *iJ;o*re me urbat?'lle *dl shouted up to my stuck his tongue down my throat gI;1 was pushing him sv{ay

if

canducf

upset' He said dsn't shout AH: I s*id if you do it again I'11 get you done. He was pre$y up to BtI, don't alarm him.

NP: What time was this?

AH: Can't remember, Iate afternoon / evening
The witness cmtinued

-

ycu done' You don't eome round Basically I said if you {s****** do it again lJf ryl *noiUn't be doing Q-fou're married' I somecne's house and do iL it's "* ii uJ"in and he said I'm $srrv' I'ur really sorry' a" "rIy* asked him to ,roe

ili I;iJ;;;'t

NP: On 1st April he carne round l$pm
your mobile phone?

get you on at night, having not managed to

AH:[nodding]

30

NP: What haPPened?
put his feet on my crotch, AH: He tried to part f,xy legs with his feet a$d

NP: Where does this haPPen?

AH: In the living room
NP: What else does he do or
saY?

eH: I initiallY

no resPonse]

Your son is asleep? NP: You are on your owll witb him at night'

AH: Not if X tlre Bam

go $traight to bed' but then he will come in and questions tike that if you arefr'thuppy

I slaid don't

ask

NP: What questions was he asking?

AII: He asked for a wank or a quick zuck
NP: Your answer?

yotx wife AfI: If you need that you should go hcme to
NP: Does he do anYdring?
was that one homy' I anr not sure if it feeling was he said he occasion one On AtI: fe1, rxlth to part hetried th{ [s solicitor your you told April, ycu Np: On the 13 u&en be iay on yow sofa' Do U" when time anotSer was There

tr*" **a

fYl:y

remember?

AH: Yes
NP: What time did he come rormd?

details' He I undorstand' do really I ]{owevel :* 1Ye Np: I do a lor of these cases, Tell me as best'o"
conae$

bomo' just before lunch srbefore soll ccrmes round caaoe he Sometimes AH: [witress showing distress]
ror:nd

tr

yoili#-.ira gJ""*
No.,,uy

the sofa?

tI

AH:

Starts rubbing himself

himself he would grab me and rub

hysterectomy NP: There is a stage when you leam your him and he saYs something to You?

will

be on 28 June and you teil

AH: He said do you really need to have one'

Np:

guitar? what happened? Is there an incident when you pi,ck up a

looking in my mirror and picked up my guitar to distract rri*, rr" ** it horrr.I have a peg-leg and it won't go down

your *'ifs axd homy, I saiel go home to AH: He came round and said he was feeling sat awaykom. him and he started *u, i am, I think you do woman what kind of rvasn't very big' I a quick wank and said he him give I ctuld ruia *d himself rubbing said I can't lear*e

"

NP: What state were his trousers?

AH:

go down, he exposed himself' Undone belt and flies and he said it won't

NP: How long did that last?

AH: I put my guitar up and said put itaway
NP: What did You saY?
a sexual you need some help you have AH: I think I said you are disgusting and

problems
end? NP: How did the incident come to an

AH: He just ieft in the end'
contact with you that day' NP: When yolr go into hospital, he is in

AH

Yes, as I was quite scared about the thing

NP:Whendoeshefirstcontactyou-whenyoucarneroundorlater? he said and said I was scared and do']o going was I when me AH: He told. me to text my hysterectomy you'll be fine, youare in the right place' I had
NP: When does he noxt get in touch? you have on under h9 aske{ was what clo thing first and hospital the to came a kiss AH: He stay long and he gave me can't you;;;#*"id da F* the gown I said what the

32

examined in cor:rt by NP: Two questions .- imagine she was in court being cross
barrister acting for IVIH: or ever touched you at all, nevel stroked Question one: he may say that MH never exposed himself. What would you say?

a

AH

- Yes he did
a married man'

him? NP: Question two: well weren'tyouquite friendly towards

AH: lr{o, I always said you are

I was with somebody'

NP: What meclication are you on today?
sleep and this knocks me my emotions and I wanted to be out. prozae previously didn't work. Iisuppressed
A-F{:

I'm on a mood stabiliser [detail given] Before I couldn't

In control.
present GP once a week' The witness then provided details of seeing her

NP indicated that he
report of Dr Farnham

need.ed

frorn the ttte consent of the witness to quote exlracts

AH: Yes, ok
exlracts that he intended to put in Np indicated that he would inform the witress of the

his report-

AH: Yes
Agreed next interview 2pm on l7th July 2013

33

Pri4sipal Extr4pts.froqg $qcond lltervlew gf Alf-I{ af P}mp Cogrt.ehambers on
Present:Nigel Pascoe QC (*N?,')

ffi;#?', AH
wanted to say now?

oricitors

NP: When you left here iast time, was *rere anyfhing you forgot to say and

AH: Yes- I remember you said about the conversation about my hysterectomy and
what that conversation was. He was saying about women and having bucket crotches after hysterectomies- He said let me be the first one to road test drive it. He said it before the operation and afterwards but I didn't see him much afterwards as I ended all contact. NP:

At what point for you did it become completely inappropriate?

AI-I: Vlhen he grabbed my arms, he was saying all those things to rne and he stuck his tongue doum my throat
NP; Can you describe the most unacceptable incident, the one that distressed you the most?

AH: He called me fuck face- He said I didn't have a mentai health problem" He wanted to see my beliy. He said I needed self-confi.dence lessons. As an MP he is there to help people with problems, not my personai problems. I have mental health problems - he doesn't need to know about my sexual health and how many partners I have hadNP: You have previously used the terrn sexual abuse. What was the worst example

ofsexual abuse?

AH: When he exposed himsel{ saying he couldn't leave as he would have a third peg leg. That was the worst time, this really affected me. He kept asking for a wank or if not, a quick suck. ItlP: The next worse?
AH. Comments about my sexual parfners

language that you have noted that you have said he used sexual language, your memory you to give a list of some sexuai remarks frorn didn't like. I that you did not like. NP:

I

**t

AH: You have one of those faces" You have

a

fuck face'

one to give it a road - Al1 women have bucket crotches. Let me be the first test drive-

around, a married man, asking do you think I am?

me what sex w'as like with - He knew I was sexually abused as a child and he asked stop' He kept getting you t0 my previous partners- I asked him ; stop- He wouldn't with sex' not me' You can't go try and open up. In the end I said you trur" Ur" problem what kind of woman those questions.^It',s disrespectful'

NP asked if the witness ever found IvIr Hancock atfractive'
him, expressing her view in The witness said she would neve' be attracted to strong tetms. conduct NP asked whether the witness permitted any
A-H:

I

saict

it was ok, you can hug me goodbye

her mental health problems NP asked how Mr Hancock calne to knor,v of

I showed' him the letters I took with AH: I told him when I first went to see him and og* and white- I gave him a BPD me. I gave him u r,wist band, u eppi;1;;,r;;; be sensible if up on it aud I said it would awareness leaflet and he said he would read promiscuous- but my mental you did- As a diagnosis of BpD ;; ;; are s"xually nled to see the letters' but I didn'i he said He you.' isn't said 'that worker health
showed him.

health worker, how would You know?

your mental health? Np: what other information did you give him about and i said yes' amitriptyline and AH: He asked if I was on medication for it and I said I didt"t like it as it made trki";;;A;;F was I was is That propranolol. tuf.i"g it and I said you aren't my mental me drowsy and headachey. He saido- ,iop

35

had done that and i said I about? That is *H* f "p""ud "p' NP: When was this?

AH: I was diagnosed, I asked if I was seeing people?

disorder and mixed with BPD in 20a7, depressi've e n 1997 'He asked why I
saia yes as f ioott uo out'Aot ne saia hate but my son v/as sat there'

ari'xiety' He

[fJ."i;;ii* *t.r,

- what are yolt *nhappy

to oper up He was trying to get me round' came he time first The AFI: I am on for BPD. The medication typical is which body AH: I told him I don,r like my born for anxiety) uttd ;;;-;as *y since thar on been (I now is propranolol have
quetiaPine.

Np discussed background *d t*:tal made puDtlc'
witness was content to be

health issues

to

the establish details which

The College,

a music course witness confirmed that she stafted course at the age doing one year of a t'wo year she was

b

went to 1995-1996' when she of 22'

The witness confirmed more than one individual'

at 18' she was abused by sexually abused and raped

abdominoplasty' an hysterectomy and undergone had she that The witness confi.rmed 2008-2010' It was during AJ with in a relationship The witness confimed she was but they w-ere stili together' tr.l;i'h'NiH' she fizzl\ngout before "eas"d "ot since she was 14' eatingdisorders had had she past in the The witness confirmed that weight now' Stre stitt had an issue with since her son BH was antideoressants taking been she had what had happened The witness confirmed that pr"rry"il*;t"ut *u, sh" uu prozacin 20i0 born. She was given to her. Health refen'al under the lVlental inpatient an been never The witness said that she had e"t *a had onlY been an outPatient' and specifically to say in down ret felt she which to Np asked the witraess the extent to him at the moment talking her own words h;;;ht felt have an i\ff, well he shouldn't as role his and Mp gryllems he should AII: welr I feel ret d.own- He is an d""*a done constituents' I *iir'-r'is done that. He should have no, try ,ra 1ut" I had to deal with it on write to the relevant people *a be were suppis*ato feel let down by those who

*h;;1;,

r* il;;d*e ,*;;;;;ip supp;il;;

36

had let her down' including the CPS my own. The witness named others whom she felt let dourn a substantial investigation' I feel and the police. I think &e Police did"';;" about dropping the prosecution' I by everyone. When I got the pno*-Jfi 4""* ptfi"e tt o"gti*ell maybe I should just kill myself'

At that point the wihress shor'ved significant distress'

37

concerning 'lssues anrl evidence Health Mental 5Chapfer

AH

PlainlyinassessingthecredibilityofAH,itwasnecessary...g':"*'-1?rhermental r.";,ia"a r'"ipr"*v Frank Famha'l bi D' '-:]t'n*s
healrh history

for AH with a pu"i*J"ry
dated August 11tr' 2012'

*d'[J; ;;;"i #J;;-

y

actmg

'o*o'*#'l'r'"'p"'nid'i;;;

with issues-a*d questtons dears which a report is a* i"r'"rr1rAH' B,t itof I have to bear in rnind that this-is the picture F beyond my consid#i;.*a to eiur;;^u-"{.ty11 .rpon, *m"i, extremely ,"*pr.t"lrir" mav assess her allegatrons' orelr, *e;;;t ,rhich I

firth"*;il;"

,.*.,

1#;;

past mentat rreaim

trl;;il

Dr

Farnham

roorns"

;"r:':":Jrri'*"oobtained
extrac[s frcrm the rePort' Extraqls

to the release of brier solicitor her a:rd AH the consent of

historY Personal and develoPment

a nvo-year music and o1" v*"o'^of AHdescribedstruggtineu"ug:ryTliyatschoolandsubseq.,T,llattendingacollege ,u. ,ijJ ""*pi""o tkre agesTfri *a iol*lrt"d for six years when
between performing arts cours€ at

ffi;;;;;';;;;;o
FamilY historY

ana eightYears ord

the ur. r'i'ri.'''*r;re"rrr,

father iives her mo1he1, Her with of and her relationslip It# AII indicated the position #:x *n# rn"'*.'' i s. ;.i'

rp*i*t abroad. rrr" parenls-.

;lqr y""xi

Iff :::KT;x?:'"ffi

:h#**;11;r*ti'"x1il'ix;*e*'r

.

"'5f

"ightornine.srr."*u*.upedon,*"'**io**asexuallyassaulted.
AHwasalsosexuallyabusedinafamilycoatextbetweentheagesofl0and14 AH was raPed when
she was 18'

Past medical history hysterectonry in 20i0' AH underwent an abdominoplasqy in 2005 and an

RelationshiPs
2010' i'vith A J between 2008 and The relationships of AH included a relationship

Past psYchiatric historY
The patient first saw her GP at the age

of t4suffering from bulirnia

and anorexia'

Jaroes Hospital in PortsmouthThe patient was seen at the age af 22at st antidepressants 2010 and confirmed taking The patient confirmed some self-harm in since 2010

June 2012" state examination on 2nd mental his of details gave Dr Farnham patients wirh borderline personaliff by described often symptoms of AH gave detaiis disorder. suppotl health documents and behaviour mental available the exa-mined patient's Dr Farnham records provided by the documents. He aiso looke d at ar.r*;;;irnedical solicitor.

borderline personality was of diagnosis the that opinion rather from a Dr Famham gave it as his a personality disorder from suf[ered AH that visw his appropriate. It was Report does not cast disorder' In my view' the mental of fypes are Both illness. mental doubt on AH's credibility as a witness'

of indicate the ploper degree to view my in suffi.cient is That brief sununary *rri"l,
must be taken in weighing these allegations'

care

39

Medication

Further AH indicated psychotic medication-

in interview that

she

is taking mood - stabilizing and

anti

she has had on the basis of evidence that AH of evidence the approached Thus I have continue' io U" treated with recognised she which for issues health mental real

medication.

C--hapte

r

6

The position of Mr H*ncock

4L

allegation,

orerrffiegard

ne the to her underlying mental condition'

The ultimate question must be the credibiliry of including her own accounts before me'

AlI,

as

I

assess

it on the evidence'

the truth?

Chapter

7

Analysis

Two main questions of fact go to the root of this First, clid IVk Hancock rnake specific sexual advances towards AH?
Second, did he make specific irnproper suggestions towards her?

The answers to those questions necessarily determine whether h'{r Hancock is in breach of the Code of Conduct-

Plainly, as in so man.t' sexual allegations in or out of

the

courts, that

essentially comes clown to one person's word against another.
orvn Such a ftlncla"rnental disagreement is very familiar to me in the course of my professional and part judicial experience. It seems to me to be sensible to bear strongly' in mincl the way that juries are directed in this particularly sensitive and difficult area'

A.

First it is very important to look at all the evidence in a detached way'

as usualiy B. I.{ere the evidence of AH of specific sexuai misconduct stands alone' For' in private' is the case, they involve alieged events which are alleged to have happened

to be con:oboration of a complainant's evidence in a criminal coutt for a detbndant is teliing the convictecl of a sexual offence. If a jury is satisfied that a complainant judge may include truth, they may act on her evidence alone. On occasions, a wise suggesting there is a words of caution about a particular witness, falling short of r,vords
need tbr corroboration.

C. Nevertheless it is important to bear in mind that today the law does not requirc

which may or may D. A jury is entitled to considerthe background of the allegations, not cast light on the reiiabilit-v and accuracy of a complainant'

Essential Qucstion of Credibility

dence and making health d.iagnosis of

full a116:rance for the rental

AII

A. Alleged physic*I

sexual behaviour

her throat putting hts tong'te down i'nappropriately' AH kissed 1. MH

me" Evidencc: "he forciblv kissed

;;: xl :-::: :""":"*,' was and I Ii; rru'oatTJ ff1# il:'::X.:: :i1H. Tru: ',,;1 ; ,*"r his tongue dovm rnv u'{h and mY mouth er mv over ::f#1;:,[;-if:l;'ff,':#"r," ,rt his hand ov l*o :"f {'ffidl? [ y. ::f :on ;*fl - t:J,'ff *m mv arms' marks red had and ;;;ity hard
m
o

" 1: n" l:'-:"1:-.,::t,::f:"f::#t"';111ffi1: -,'

ffi#il;*

2.liHtriedtclpartAff,slegswithhis.feetan,cputhisfeetonltercratch
roorn AH said that occuned in the sitting

- i-e- sitting down

him and itcvitett AH to rnastt'*-bate himself masturbate tu 3. NIH exposed himself, began to yor'rr wife

I said ,,he came round and said he was feering homy, Evidence: rrom nim and hc started u*u, ,,, was I am. I think do you very big' I and what kind of wornan and said he wasn't wank quick a him could I give can't leave rubbing himself and said my mirror and said I in loolcing was rt" to distract hi*,
picked up my guitar leg and it won't go dovm'" the house I have a peg

go.h:*"

-t
i
I
I

I

B.Altegedindecentsexualinvitationsandinappropriatesexrralremarks

1

i
I

Ltft{askeclAHtoyn.asturbatehimorproviclehimwithoralintercol,'J,se. need lha , r1-^3 +,ra rae.o'rse of AH was "if vou Note: the eviden""-@ home to Your
storrtach of AI{ N{H nsked to se€ the ,,he asked what I was unhappy about' * Evidence: rhe ."r,rrr- ilJsuid "an't with happy not ancl I was

shouid go

lny son

-

not s"L;;;"^r" in bed?" Do you wear them 'm pyjamas? your a:'e these

nnt* r

;J;;;;.

my body a1! abfominopiasty i* front o{' looI tr'.ut uua *-t:o mv pvja.nas ancl said belrv-He pi"t"a up

t,:il.

parfners' sex tYith her prettious about AH with ancl kll{ the parhre. thar partners, ',was I don't think ..he asked me abo*t rrry previous to my problerts" Evidence: isn't * and I said - this '"f"t'u"' asked abottt u"*rr*i '*ff shut up"wouldn't He you' a" *itf' this has an1'thing *
a.tlrccl

it' and 'iolced abor'i afiershave with a tectdy bear' sprayed Mf{ proviLl'ed' AH wfth *:'* U"ar had U"'""'O see l'o*
ringing to

"t"

the He said let me be

road-test it' fi.rst ot'te to

W{saidthatwornenhad,bucketcrrrichesafterhysterectamtes.

futIt calted AH Fuclcface

Text Messages

March 29'h:

April

8'h:

Areuoklammissi.nguandthinkingofyou x ThankYou mY love

April Aprii

11't': 18'h:

me it x knowing u gave better me Thanks a lot it makes

23.10.09: 23.77.43: 23.33-45:

love xxx Thanks a bunch mY xxx you wrong my love prove wiil 1 day One xxx kriow my princess never you a chance Piease give me
a lot to me x Thani{ You it means

MaY lst
May- 27tr'
23.1.1.55:. 23 ^27.a5:

tight mY love xxx Goodnight sleeP wet one )c(x as it's not a long as you Thank

1

5. 1 0.

1

8:

you know rny love MaY You just got to like me ir can happen

xxx
15.28.09:
can nevel to lrrut I ivill my k:ve promise to do eveqrthing I you love alwaYs

20-48.21: 21.43.50:

I r,vish I

w-as there rnY love >orr

it looks good to me miss Let me be the judge of that my love

you
2?..A7.44:

rcLY

make yourself ill I hope my iove be careful r'vith her don't special *o* alout her please look after yourself you are
and sexy to me

xxx

June l5th:

14-19:
14 -29.31

Hi how are you today i thinicirrg ,missing u big kiss trxx
Not so much of the old bo'v

as always of

you asd

:

June l.9th:

23.39.38:

my love Just got here and in bed alone

xxr

July lst:

|1.2ll.45:sorrytohearyournewsbutyouar.eirrtherightplacegetrn,ell
my love xrui
lv:GI soughl tr; the a'llegations of AH that strpport messages text lhese In my vier,v, same time' showing her affection at the whilst her, with relatioushlp pursue a sexual

l*

47

Mental ftealth of ComPlainant
backgrottnd of AFI' of the mental health aware fuliy was From thc outset, NIr Hancock cannot be in disputc in kl:*ledge Hi: *"""t' AH. In *iy indeed he discussed it with reuers received by hii* u"notf of AH and the hi;;; by written the tight i:f rhe reners

ChaPter I

CCNCLUSIONS

i::JT.#i:'{i1,ffik-$'6#f'r{=i 'xffiIr,l1,:3;IJTff ."*ii'" and rnerits boih **ffii"J;:' ;:iX:,
seriours

o"a clear vlew ff*o"*ok' I arn af the

HXI;:."';:ft:T:

I-*B"t"ion

and resPect'

hui'i b;

at any Poirtto she lied to me'

In my "*t'*Y' 7-Howeverldonotflndthatthe.lctionsofMrHancockwererncrtivatedsoielyb;r was his constituent' tii'* uff at who her local Co,ncillor sexual desire fb; AH, I t" h;; ;r wholly p'op"try ^s

there rs

which clear eviden"" ,f,ru, f* sought rt"t*"i"also evidence' anv from which yr* "o'#*",,ariit'kindness independentlv in a clerailed way at AH triecl to cheer her accepr, rhrt h;;eated evidence irt* r'* i, herto, alleged sexual approach uP when she was dePresseo'

j#;;t ;i* d;;;

in the 8.Itfol.lowsthatthehrrepictweofthebehaviourofMrHancocktowardsAHis been represented ir.ur, #;;;;uslv
more cornptex

press'

# ;;;;ua

e.

That saicl, I consider tnat f-e a very approache" ,"**io= unquestionably

lli*u

facie

evidence;:#

'i'l[[ tf#Til:t -[*gi"niig seriot'*;; of the

p*iti o,, *hi"!'
vulnerabilitY

that the authorities should- recornrnend I parl whethsr brought" It is not *h;;il;l0.Accordingry r have consiclered "r'*g* **re discoutinr-red' whilst shoutd consider again whet^her "i#; *""""aiof, constilffin; to co;ider that I should express of my terms of reierence not that*iopic,i'do I have some ,nfon ution on anY oPinion on it' rhar should independentry r,vhether ciecide to the aurhorities 11.Thus it m*st be for take Place' .,, .-..
12.

waY.r,-irr*tPo"tlUl" and damaging

;.*selves'* u""' in such ,ri'; {: :*,,ti?" ffi::f;;iff -1"ia1 inPl of AH' No one

H:-ffy,"fl1,H:ffinJfffi is an aPProPriate plain q".,sh::t:::"-:::":H:}ilrffi'ffi"i?ru '#!","g.0*"1"i'*ff1ru: --i3. As I made ?ffi Iffi *iffi to do so #"Lffi I haYgISi
each acti

l:'*o.T:,?*:irL:"f fi:T"f:TffiI;:t.:i "1}."';f :,lffi ised *H#Lt"iffi e rec ffio;":lffi,JJbii""'**arvand #i'i*'r"Ja
I
consider that AH addr.e':"d
b o

gn

or email and

'

Finatty ur I'v
Hancock'

have been address

"'";; i'*r"iii""ry u iottg time ago in
2Bth

i'#;ilTffiH"##

prib'lication of and unabridged full the to of doubt,I consent Note: For the avoidance the RePort-

August

2013

Nigel Pascoe QC