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Northern Ireland child abuse Inquiry exposes Rubane House in Kircubbin

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September 2014

School principal preyed on children for two decades without ever being caught

A Christian Brother, who has been compared to notorious paedophile Fr Brendan Smyth, sexually abused children for two decades without ever being brought to justice, it has emerged.

For nine years he preyed on and abused children at the former boys’ home Rubane House in Kircubbin where he was the school principal before becoming overall director of the home, which was run by the De La Salle Order.

The De La Salle Order has accepted that he “sexually abused children in his care before, during and after his time in Rubane”, the Historical Institutional Abuse Inquiry heard yesterday.

However he was never reported to the police and has since died.

Lawyer to the inquiry, Joseph Aiken, likened the child abuser to Fr Brendan Smyth – whose abuse of children spanned decades and continents.

“The type of grooming behaviour, abuse of power and sexual abuse of boys are similar to those traits that the public will be familiar with from cases such as Fr Brendan Smyth,” said Mr Aiken.

The Brother was the principal of the school at Rubane House from 1953 until 1956, when he took over as director of the boys’ home until 1962.

The first allegations of abuse at the home came to light in 1958 when he was in charge of the home. At that time 70 boys were living there.

“The extensive and grave allegations … in respect of (him)… have never been exposed publicly before. He was never reported to police or interviewed by them. Consequently he was never charged or convicted of the abuse that he perpetrated over a period of time that is likely to extend beyond 20 years,” said Mr Aiken.

He added: “The material that we will look at is the minimum abuse that is known of.” The inquiry, which is currently focusing on Rubane House, heard that there were five brothers who performed the role of director of the home up to 1980.

“All of those Brothers face allegations of either physical or sexual abuse or both,” Mr Aiken said.

The Order has said it is not in the position to accept the allegations against all of them.

Evidence of 55 victims who claim to have been abused while at Rubane House will be given to the inquiry over the next few weeks.

Some of those to give evidence are victims of Brendan Smyth, who died in 1997 of a heart attack one month into a 12-year prison sentence for sexually assaulting 20 victims.

“The police investigation into Brendan Smyth in the mid-1990s revealed he had also abused children in Rubane and Nazareth Lodge in Belfast.

“He admitted much of that abuse and was convicted for it,” said Mr Aiken.

He added that the inquiry will also address the failures within the Order and the Roman Catholic Church in Ireland “that allowed Fr Brendan Smyth to be in a position to carry out the sexual abuse of children in these two children homes”.

The inquiry has gathered 700 pages of evidence relating to Smyth.

In recent years the De La Salle Order has dealt with 50 civil claims by former residents.

To date 22 of these claims have been resolved and almost £390,000 of compensation has been paid out.

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND

QUEEN’S BENCH DIVISION

[1]        The plaintiff was born on 3 September 1970.  He claims damages as a result of sexual abuse which he says he sustained during a 3 month period in 1982 when he was resident at Rubane House, Kircubbin, a children’s home run by the De La Salle Brothers.  He claims that the perpetrator of the abuse was Patrick Cummins, known as Brother Christopher, who at the relevant time was in charge of the home.  Although the case was pleaded in trespass, assault, battery and negligence it was opened and presented as an assault action.

 

Background

 

[2]        The plaintiff’s father was a seaman.  His mother developed problems with alcohol.  They separated in 1981.  By that time the plaintiff was out of control, stealing, breaking into premises and causing damage.  An order was made under the Children and Young Persons Act (Northern Ireland) 1968 that he should be provided with a place of safety and after discussion with the plaintiff’s parents he was brought to Rubane House on 2 February 1982.

 

[3]        In 1982 Rubane House was a well established children’s home.  During the 1960s it housed significant numbers of children who had been orphaned but by the 1970s most of the children at the home had been placed there under orders. The main house was a substantial building with accommodation for Brothers and dormitories for the children.  Because of the demand for places 4 new chalets were built in the grounds in the late 1960s.  Two interconnecting chalets were located on either side of the front of the main building.  Behind the main building was a yard and approximately 30 yards across the yard was the school house used by the children.  There was also a gymnasium and playing fields in that area.  An archway led into a farm in which there were outbuildings which by the 1980s had fallen into disuse. 

 

[4]        The layout of each chalet was identical.  Each was two storey.  The ground floor consisted of an entrance area with an office beside the stairwell leading to the first floor.  On the ground floor there were facilities for watching TV and other leisure pursuits.  Upstairs there were three dormitories and two single rooms which were available for the boys and two further single rooms which were occupied by Brothers.  There were also toilet and shower facilities.  Each chalet had an annex in which the house parent associated with each chalet lived.  At the material time the plaintiff was housed in chalet 4 and the house parent was Mrs Doran who lived in the annex with her three children.  She was assisted by Brother Eugene who was one of the Brothers who resided in the chalet.  The office at the foot of the stairs in chalet 4 was occupied by a night watchman, Dan Matchett.  He was on duty between 10.00 pm and 8.00 am.  Although located in chalet 4 it was his responsibility to check the grounds, including the school, from time to time during the night and to unlock the gates if anyone arrived back late.  There was also a back door to each chalet which was located close to the office on the ground floor. 

 

[5]        The daily routine was that the children would normally get up at 8.00 am and have breakfast provided by the house parent.  During weekdays they were in school from 9.15 am until 3.30 pm.  They did not return to the chalets during that period.  Most of the children went home for the weekend but those who stayed were encouraged to engage in activities or were taken to the swimming pool or to Portaferry.  There was a tea break between 3.30 pm and 4.00 pm.  Thereafter activities during the week continued until 5.30 pm.  An evening meal was provided in the chalet at 6.00 pm and afterwards various sporting and other activities took place until approximately 8.30 pm.  At that stage the boys washed and got into their bed clothes enjoying an hour’s television before lights out usually around 10.00 pm. 

 

The plaintiff’s case

 

[6]        The plaintiff says that when he arrived in the home he was boisterous and difficult to manage.  He was disruptive at night and about 2 months after his arrival he was placed in one of the two single rooms available for boys.  About a week later he says that he woke up to find a hand touching his privates.  He recognised the abuser as Brother Christopher.  When the plaintiff started to cry Brother Christopher put his hand over his mouth and told him to be quiet.  He then took out his penis and masturbated himself.  He threatened the plaintiff that if he told anyone he would be sent to borstal in Dublin and would not see his family.  The plaintiff was crying and was told to be quiet.  Brother Christopher told him to remember what he could do to him.  The plaintiff says that he didn’t talk to anyone because he was petrified.  He remembered going home after this on at least one occasion but did not tell his family because he was too scared.  He said the abuse increased so that it was occurring two or three times per week.  He claims that Brother Christopher made the plaintiff masturbate him and put the plaintiff’s hand on his penis.  He says that Brother Christopher put his penis in the plaintiff’s mouth on a few occasions.  He says that Brother Christopher tried to put his penis inside his bottom but could not.  He masturbated over the plaintiff.  The plaintiff alleges that he always used a white handkerchief to clean himself.  On the plaintiff’s account the abuse continued for 4 to 5 months but by the end of the trial it was accepted that if the abuse began at the start of April 1982 it must have ended before the end of June that year.

 

[7]        It is accepted that during this period the plaintiff was at home for 18 days during April, 10 days during May and 8 days during June.  Because of his fear he did not report the abuse to any member of his family including his older brother and sister.  He was at home for the month of July and returned to the home in August to go on a summer holiday to Glenariff.  Because of falling numbers chalet 4 closed at the end of August 1982 and the plaintiff moved to chalet 1 where he stayed until transfer to St Patrick’s Training School in 1984.  He states that he was not abused on any other occasion.  There are records which suggest that he settled down at the home after this but he was involved with others in trying to set fire to the school in May 1983 and in 1984 became disruptive apparently as a result of solvent abuse to the point where he had to be removed to St Patrick’s Training School.

 

[8]        In 1986 he obtained employment as an apprentice scaffolder and worked for 2 years on the construction of the Castle Court development in Belfast.  He explained that a number of his associates had become involved in the troubles and some were dead.  He decided in 1989 to join the French Foreign Legion.  He enjoyed the comradeship and the sense of adventure.  When he had been in the Legion for approximately 3 years he and at least one other colleague were drinking.  Foolishly they decided to test whether they could jump out of a first floor window without injuring themselves.  As a result of attempting this manoeuvre the plaintiff sustained a serious fracture to his right ankle as a result of which he was invalided out of the French Foreign Legion and subsequently has been effectively incapable of any work involving mobility.  His doctors at present are considering whether he would benefit from a below knee amputation. 

 

[9]        He came home in September 1992.  Within 6 months he was arrested in relation to a murder although eventually no proceedings were pursued in respect of that.  He was then arrested in respect of the attempted murder of a well known paramilitary.  He was convicted and sentenced to a period of 16 years imprisonment.  He successfully appealed the conviction on the basis that disclosure established that the identifying witnesses were for various reasons unreliable.  He was acquitted on a retrial but spent some 3 years and 3 months in prison before his release in 1996.

 

[10]      On his release from prison he severely abused alcohol and drugs.  He has been seen by psychiatric services on a number of occasions and there is no doubt that he suffers from chronic depression.  His relationship with his partner with whom he has four children has been volatile.  In 2000 he was admitted to hospital as a result of an overdose.  In 2008 with the help of a family member he recognised that his life was spiralling out of control and decided to stop drinking alcohol.  Although there are a number of detailed psychiatric histories obtained from him between 1996 and 2002 none of these mention the sexual abuse.  The first reference in his medical records to abuse is contained in a very short note made by his general practitioner in May 2007. He attended his solicitor in 2009 and was advised to contact the police. He said that his attendance with his solicitor was because he had seen a clip of Brother Christopher on a televised news broadcast about institutional sex abuse in the Republic of Ireland and it brought everything back to him.

 

[11]      In support of his case the plaintiff called Francis Corr.  He had been in the home from 1 March 1974 until 30 May 1974 when he was 14 years old.  His evidence was that he was out playing in the yard on a Saturday with a friend when he was told by a Brother to go and help Brother Christopher in the laundry in the main house.  The laundry was situated in the lower part of the house on the same level as the Brothers’ kitchen and TV and dining room.  The doors to each of these rooms were either directly opposite each other or at right angles to each other.  Mr Corr alleged that when he got to the laundry Brother Christopher told him that his trousers were too tight and suggested he change into a bigger pair.  Mr Corr alleges that Brother Christopher then pulled down this pair of trousers and started to rub Mr Corr’s penis.  Mr Corr alleges that Brother Christopher then took out his penis from the side of his cloak, asked him to stroke it and put it into his hand.  He alleges that Brother Patrick came into the laundry while this was occurring.  He says that Brother Patrick put him on the table and Brother Christopher went behind him and entered him.  He claims that Brother Christopher and Brother Patrick changed places and Brother Patrick abused him in the same way.  Brother Christopher then told him to go to his room until Monday.

 

[12]      The plaintiff also relied on the fact that there was a well-established history of sexual abuse within the home.  In 1980 police investigated allegations against Brother Florence who had been the head of the home from 1977 until 1980.  As a result of these allegations Brother Florence had been removed from his position.  He was prosecuted but the proceedings against him were stayed as an abuse of process.  It was, however, common case in these proceedings that it was highly probable that he had sexually abused a number of the children in the home.  As a result of these disclosures there was a major investigation carried out by Social Services beginning in February 1981 and continuing into 1982.  In addition police inquiries continued from 1980 until 1982.  A further set of revelations of sexual abuse occurred in or about 1995.  Approximately 5 further Brothers were accused of sexual abuse and again the charges against each of them were dismissed as an abuse of process.  Although it is not clear whether each of them was guilty of abuse it is common case that at least some of them were.

 

The defence case

 

[13]      Brother Christopher entered the Novitiate in 1949 as a 14-year-old boy and qualified as a teacher in 1955.  He was assigned to Kircubbin as a special needs teacher in 1964 and in 1971 became Director of the home.  In 1977 he moved to Dublin to undertake a degree in sociology and was replaced as Director of the home by Brother Florence.  In April 1980 as he was finishing his degree he was informed that Brother Florence had been suspended because of allegations of sexual abuse.  He was immediately reassigned as Director of the home.  Police investigations were ongoing and immediately thereafter a Social Services investigation commenced.  During the period that the plaintiff was in the home in 1982 Social Services placed an embargo on further admissions because of their continuing investigations.  There was a high degree of supervision of activities within the home by the Board’s social workers.  Brother Christopher denied all of the allegations against him.  In particular he denied that he entered chalet 4 at night or that there were any circumstances in which he made his way onto the first floor of the chalet at night when the boys were sleeping.  The allocation of single rooms was made by Mrs Doran, the house parent.  Generally these went to the older boys or those who were undergoing apprenticeships or about to move on from the home.  Single rooms were prized and there would have been uproar if boys as young as the plaintiff had got one.

 

[14]      He sought assistance by way of further management support and in June 1980 Brother Camillus was assigned to support him.  Brother Camillus subsequently left the order in April 1984 and became officer in charge of a children’s home.  He subsequently spent 20 years as a training officer and is now the principal officer for training social workers and care staff in a Trust.  Brother Camillus described the systems which were put in place soon after his arrival.  In discussion with Brother Christopher he instituted the keeping of observation logs which were filled in by each of the Brothers in relation to each boy, the maintenance of log sheets demonstrating what activities and appointments were arranged for the children during the week and six weekly internal reviews to consider the welfare of each of the children.  During this period Brother Christopher took on a strategic role in relation to the management of the home whereas Brother Camillus was responsible for the implementation of the strategy.  Brother Camillus confirmed that there was a high degree of anxiety among the Brothers to ensure the safety of children and the putting in place of systems which would provide adequate protection for them.  Brother Camillus and Brother Christopher spent a great deal of time together during this period dealing with problems of the home.  Both lived in the main house.  Brother Camillus finds it hard to see how Brother Christopher could have made his way out of the main house at night without him knowing.  He confirmed that the night watchman was located in chalet 4 and that anyone attempting to access the first floor of chalet 4 would have to walk directly past the night watchman’s office door. 

 

[15]      Mark McQuaid was in chalet 4 at the same time as the plaintiff.  During that period his evidence is that he was in a single room and the other single room was occupied by a boy called McConville.  Although they were not the two oldest boys in the chalet they were comparable in age to those boys.  Mr McQuaid explained that one of the advantages was that he could then smoke in the room.  The assistant house parent in chalet four, Brother Eugene, confirmed that it was his recollection that Mr McQuaid was indeed in one of the single rooms and that either McConville or a slightly older boy called Camblin occupied the other single room.  Brother Eugene confirmed that the plaintiff did not occupy either single room.  Gerard McCann went to Kircubbin when he was 11 in 1968.  In September 1969 he transferred from the main house to chalet one which was newly built at that time.  In common with the other chalets there were 2 single rooms and his evidence was that these were allocated generally on the basis of age.

 

Limitation

 

[16]      It is common case that the plaintiffs cause of action was subject to the limitation period prescribed by Article 7 of the Limitation (Northern Ireland) Order 1989.  That period accordingly ended on 4 September 1991.  In light of the decision in A v Hoare [2008] UKHL 6 the court has a discretionary power to the disapply the time limit in Article 7 by virtue of the provisions of Article 50 of the1989 Order. The discretion is wide and unfettered (see Horton v Sadler [2007] 1 AC 307).  Although article 50 (4) of the 1989 Order sets out particular circumstances which should be taken into account this is not intended to be comprehensive.

 

[17]      In this case there are no eye witnesses to the alleged assaults upon the plaintiff.  Both the plaintiff and Brother Christopher are available to give evidence and both purport to be in a position to remember what they say occurred.  The defendant has been a position to adduce evidence from Brother Eugene, Brother Camillus, Mr McCann and Mr McQuaid as well as Brother Christopher.  There is a wealth of contemporaneous documentation in relation to the children who were in the home at the relevant time.  I have also heard evidence from Dr Loughrey and Dr Fleming.  I accept that it is not uncommon to see allegations of this sort not reported contemporaneously and to see opportunities for reporting passed up.  In light of those factors I consider in this case that it is appropriate to disapply the limitation period.

 

Consideration

 

[18]      The burden of proof lies upon the plaintiff and the standard of proof is the normal civil standard of the balance of probabilities.  Where, as in this case, the allegation is exceptionally serious the court may have to look at the facts more critically to be satisfied to the requisite standard.  In Re CD [2008] UKHL 33 at paragraphs 27 and 28 Lord Carswell gave guidance on the approach which should be followed.  In a case of this kind, however, one also needs to bear in mind that there may be particular difficulties in making an allegation of this sort about such a deeply personal matter.  To find that a person had fabricated or falsified such an allegation in court even on the balance of probabilities would in my view constitute a serious allegation.  The effect of all of this is, therefore, that although there should be a heightened examination of the evidence it must be with a view to a careful consideration taking into account the significant consequences for either side.

 

Not reporting

 

[19]      The plaintiff was cross-examined in some detail about the fact that he had not reported the abuse in any form to a doctor, social worker or police officer until at the earliest May 2007.  He explained that he had not told his family because he was scared.  He said that there was an undercurrent of violence at the home.  I accept that corporal punishment had in fact stopped at the home by this time but one needs to bear in mind that at this stage the plaintiff was a disturbed young boy who was going through a period of significant emotional crisis on the basis of the separation from his family.  I do not, therefore, place any weight on the fact that he did not make disclosures at home nor do I consider that there is any significance in the fact that he only remembered one weekend at home whereas it is clear that he had substantial periods at home during this time.

 

[20]      I also do not place any significance in the fact that the plaintiff failed to disclose these matters to police when they interviewed him in 1995 at a time when he was in custody on remand.  As I understand it for his own safety he was living among Republican prisoners and it is perfectly understandable that he would not have wished to disclose either the background or the fact that he was participating in a police investigation.

 

[21]      There are, however, three aspects of his reporting which do cause me some concern about his reliability as a witness.  The first is the fact that he was subject to a detailed psychiatric examination by Dr Leonard in 1996 after his release from prison.  She explored his personal circumstances and in answer to direct questions about his experience at Kircubbin he said that he enjoyed his time there.  Both Dr Loughrey and Dr Fleming considered that it was significant that he had not made disclosure of the sexual abuse in that interview.  He also had further opportunities in 2000 and 2002 when he again was subject to detailed psychiatric investigation.  Secondly although he gave evidence that he suffered flashbacks as a result of his experience he did not report the flashbacks either to Dr Loughrey or Dr Fleming.  Both doctors agreed that if he was experiencing flashbacks these would have been extremely distressing symptoms which they would have expected to have been reported by him during their examinations.  The third matter which caused me some concern was that the plaintiff indicated in evidence that the reason that he did not report these matters to anyone in authority at the time or to his family was because Brother Christopher had threatened him that if he told anyone he would be sent to the borstal in Dublin.  He explained that he was well aware of the existence of the borstal because he had participated in a cross country run at that venue.  In fact the evidence demonstrated that the first time he visited the borstal was in January 1983 more than six months after he alleged the abuse had occurred.  His explanation was not, therefore, convincing. 

 

The supporting evidence

 

[22]      Mr Corr’s evidence, if correct, provided powerful support for the plaintiff’s case in demonstrating a propensity to interfere with young boys.  He was due to give evidence on 15 November 2011.  On that date the court was informed that he was on a week’s holiday.  It was, therefore, arranged that the court would sit on 28 November 2011 to hear this witness.  In fact it transpired that Mr Corr had not been on holiday and that he had falsely informed the plaintiff’s solicitors that this was the case because he was reluctant to give evidence.  It further transpired that on the Sunday before he gave evidence he had the benefit of a consultation with his solicitor and senior counsel who are representing him in a similar action that he is pursuing on the basis of alleged abuse by Brother Christopher. Mr Corr indicated that his reluctance to give evidence was because of the embarrassment it would cause him. He vehemently denied any suggestion that his decision to give evidence was influenced by the fact that his own case would be significantly damaged if he did not.  I consider that Mr Corr was being deliberately untruthful in that part of his evidence.  The only rational explanation for arranging a consultation with his solicitor and senior counsel on the Sunday before his decision to give evidence was because he wished to discuss the circumstances of his own case.  The fact that he wished to do so the day before he gave evidence leads me to draw the inference that his concern was about the impact on that case.

 

[23]      The allegation by Mr Corr was that this abuse occurred on a Saturday afternoon in an area adjacent to the kitchen and TV room that the Brothers would have been using at the relevant time.  According to Mr Corr he was distressed at the time and he says that his distress was noticed by Brother Patrick.  If that was so it seems likely that it would have been noticed by any Brother who happened to be making his way from the kitchen to the TV room or vice versa.  It seems highly unlikely that an abuser would leave himself open to detection so easily.  The evidence in this case did not indicate that there was any sense of open abuse of children within the home but rather that the abusers behaved surreptitiously and were able to secure the silence of children.

 

[24]      Mr Corr indicated that he was approached by police in 1995 and asked to indicate whether he had been abused at the home.  He said that he had a short conversation with the police officer in his kitchen in which he had not disclosed the abuse to him.  In fact it subsequently transpired that he had made a written statement to police in 1995 in which he expressly stated that he had not been subject to sexual or physical abuse.  He claimed to have no recollection of the circumstances in which he made the statement.

 

[25]      He approached his solicitor in December 2010 with a view to pursuing his claim.  He says that he got the strength to do this as a result of seeing his daughter provide a statement in relation to an incident where she witnessed a 13-year-old friend of hers being abused by a 31-year-old male.  As a result of seeing her courage he felt that he also could do the same.  It transpired, however, that the incident reported by his daughter had resulted in a conviction in 2009 which suggests that his daughter’s report was some time before that.  He was unable to explain why there had been such a long gap between his daughter making her complaint and him getting round to making his complaint.

 

[26]      In the course of his cross-examination he was asked about the other brothers that he remembered at the home.  He referred in particular to Brother Florence.  He said that he would supervise playing in the garden.  He did not remember Brother Florence taking part in sport.  He denied any knowledge that Brother Florence had been before the court.  There was considerable evidence in relation to whether Brother Florence had been in Kircubbin prior to 1977.  During that period it is common case that he was based in St Patrick’s.  When he was pressed on what he remembered about Brother Florence he suggested that he remembered vaguely his name being mentioned.  Evidence was called from Mr Doherty to suggest that Brother Florence visited Kircubbin approximately once per month up to 1970.  Mr Doherty accepted that his recollection of events had varied over the years although it is accepted that he was sexually abused during the 1960s at the home.  Mr McCann was there at the relevant time and gave convincing evidence that Brother Florence was not at the home during this period and he first saw him some years after leaving Kircubbin in a work environment.  That accords with the evidence of Brother Eugene and Brother Christopher.  I am satisfied to a high standard that Brother Florence did not visit Kircubbin prior to 1977 and that the reference to him by Mr Corr was with a view to falsely enhancing his credibility.

 

[27]      I conclude, therefore, that Mr Corr provides no supporting evidence for the plaintiff’s case.  That does not in any way detract, of course, from the plaintiff’s evidence nor of itself does it provide any support for the defence case.  I also do not accept that the evidence of other cases of abuse, most of which occurred during the period 1977 to 1980, assist the plaintiff.  No case was made that within the home there was open abuse of the nature that would have been evident to brothers who were not involved in it. There is no suggestion that Brother Christopher was involved as a person who was alleged to have committed any improper act in any of those cases.

The opportunity

[28]      I have already set out some of the detail of the layout of the premises.  Brother Christopher lived in the main house.  At the relevant time the plaintiff was housed on the first floor of chalet 4.  Brother Eugene was the assistant house parent and he indicated that he generally stayed up until approximately 11 p.m.  From 10 p.m. until 8 a.m. the night watchman was present and had an office at the bottom of the stairs leading up to the first floor of chalet four.  The evidence indicated that he walked around the grounds including the school three of four times per night but that this probably only took him around 10 minutes.  It is common case that Brother Christopher had a master key which would have enabled him to gain access to the chalet but the evidence suggests that Brother Christopher could only have safely carried out these attacks if he had kept an eye out for the night watchman on his rounds, made his way without detection from the main house to the chalet, carried out the assault and made good his escape back to the main house without detection.  It is doubtful whether even theoretically such a manoeuvre could have been carried out without being noticed.

The allocation of single rooms

[29]      It is absolutely vital to the plaintiff’s case that he establishes that he was in a single room.  If he does not establish that fact it seems to me that his case must inevitably fail.  There was considerable evidence about this.  It is common case that the allocation of single rooms was determined by Mrs Doran, the house parent.  Unfortunately it was not possible to trace her for the purpose of giving evidence.  It was, however, possible to trace Mr McQuade who gave evidence that he was in one of the single rooms.  A list of the other boys in the chalet at that time was also available and Mr McQuade indicated that he believed that the other single room was occupied by Mr McConville.  Brother Eugene recollected that Mr McQuade occupied one room but was uncertain as to whether it was Mr McConville or Mr Camblin who occupied the other. Mr McCann confirmed that when he was housed in a chalet the older boys were given preference in relation to the single rooms and that accorded with the evidence of Brother Christopher.  I consider, therefore, that if the plaintiff had been housed in a single room this would have represented a very considerable departure from the usual policy within the chalets and the absence of any documentary evidence to support such a departure provides some further support for the recollection of Brother Eugene and Mr McQuade.

 

[30]      In my view the evidence on this issue was overwhelmingly against the plaintiff.  I am, therefore, satisfied to a high standard that the plaintiff did not occupy a single room during the period that he alleges that he was abused.  I had already indicated some concerns about the reliability of the plaintiff’s evidence at paragraph 21 above but in light of my finding on this issue I am not satisfied on the balance of probabilities that the plaintiff was abused as he alleges.  In those circumstances I must dismiss the claim.

January 2014

Man recalls childhood abuse in Rubane House, Kircubbin

A man who alleges he was abused in a County Down children’s home almost 60 years ago has welcomed an apology but said it does not go far enough.

Conor Ryan said he was physically and sexually abused by staff at Rubane House in Kircubbin in the late 1950s.

Mr Ryan said his younger brother was also abused at Rubane House, but did not confide this in him until shortly before his death three years ago.

The home was run by a Catholic Church order – the De La Salle Brothers.

Mr Ryan told BBC Good Morning Ulster that at one stage he was hospitalised as a result of the order’s abuse.

“I ended up in hospital in Newtownards, I had my head split open with a hurley stick with metal bands on it.”

He also described how one of the De La Salle brothers had split the ends of a cane “so he would get more effect when he was hitting me”.

“I still have a scar on my hand and a scar on me knee,” Mr Ryan said.

“It was just brutal in there. It was physical and sexual.”

He recalled how one brother repeatedly hit the boys on the ankles with a hurley stick while they were in the showers and grabbed them indecently.

Mr Ryan was sent to live in Rubane House in 1957, when he was aged about 11, following the death of his father.

He said his mother, who had just given birth to his younger brother, was “struggling” and had to put him into care.

His younger brother was sent to the same home a year later, but Mr Ryan said it was a further year before he knew this, as staff had kept the pair apart.

“I didn’t know he was there because I was put down on a farm,” he said.

“They used to put boys down there who wet the bed. I think I was wetting myself with fear because of the beatings we got.

“I only saw my brother when he was getting punished. He died three years ago and he told me, before he died, that he’d been abused seven times.”

Mr Ryan said when he was moved to a children’s home in England in the early 1960s, he was found to be malnourished because of his treatment at Rubane House.

He said many of the boys who lived at the home suffered bowel problems in later life.

The pensioner became involved in the campaign for victims of abuse in residential homes after watching a programme on Rubane House a number of years ago.

Mr Ryan said he feels he now owes it to his late brother to get justice.

On Tuesday, De La Salle was one of two Catholic orders that said sorry for the abuse children suffered in their children’s homes in Northern Ireland.

The Sisters of Nazareth and the De La Salle brothers issued apologies on the second day of a major abuse inquiry’s public hearings.

The Historical Institutional Abuse Inquiry is the biggest public inquiry into child abuse ever to take place in the UK.

It is investigating abuse claims in 13 children’s home and juvenile justice centres, from 1922 to 1995, including Rubane House.

Tuesday also marked Mr Ryan’s 69th birthday and he described the De La Salle apology as “the best birthday present I ever got”.

“But I still don’t feel they’ve gone far enough with the apologies.

“It’s a start, but they have a way to go yet,” he said.


Clint Thompson – Bedworth

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September 2014

Bedworth man jailed for 18 years for raping a six-year-old girl

A BEDWORTH man with a ‘perverted interest in young children’ has been jailed for 18 years for raping a six-year-old girl.

Paedophile Clint Thompson’s young victim had to go through the added ordeal of having to give evidence to a jury after he denied any sexual misbehaviour towards her.

Thompson, aged 29, of Wootton Street, Bedworth, pleaded not guilty at Warwick Crown Court to three charges of raping her.

But after watching the little girl’s heart-rending police interview and hearing her being cross-examined via a video link, the jury unanimously found him guilty of all three charges.

Jailing Thompson, who showed no emotion, for 18 years, Recorder Simon Ward also ordered him to register as a sex offender for life and banned him from working with children for life.

During the trial prosecutor Nicholas Tatlow said the appalling offences came to light after the little girl spoke to her father.

When her father questioned her, she described how he had performed a sex act on her.

And she revealed Thompson had done it before but had told her to keep it a secret.

Her horrified father contacted the police, and she was interviewed by a specially-trained officer, during which she used a doll to show what had happened.

And the jury saw how she clung to the doll until she was asked to let someone else hold it because it was hiding her face from the camera.

When Thompson was then arrested he denied raping her or any other sexual misbehaviour towards her.

But the police seized three laptop computers, on which officers subsequently found a history of searches being made for child pornography.

Although there were no actual images, searches which had been made included searching for child pornography.

“We say it demonstrates an improper sexual interest in young children,” Mr Tatlow added.

After the jury had returned its verdicts, Recorder Ward told them: “Having to listen to the sort of evidence you have had to Cont. from front.

listen to is unfortunately not uncommon for me, or for the barristers, but no doubt it is for you.”

The court heard that Thompson had a number of previous convictions for offences including violence, but nothing of a sexual nature.

His barrister Graeme Simpson accepted: “There is no mitigation with regard to the offences. I concede the child in this case was particularly young.”

Recorder Ward told Thompson: “You abused the trust placed in you in the most gross manner.

“Records from the computers showed you were accessing the internet searching for pornographic material, and a constant feature of your searches was child sex.

“You had a deep-seated sexual interest in young children and allowed that to be translated into sexual abuse of her.

“The evidence shows you searching the internet even on the day before your last abuse of her. I have no doubt you pose a danger to young children.

“What you did to her hurt her physically. I have to consider whether she will grow up suffering severe psychological harm as a result of what you did. I can’t know whether she will; I can only hope that she won’t.”

Recorder Ward pointed out that Thompson will serve half his sentence in prison and will then be on licence for the rest of the time, during which he will be at risk of being recalled to custody if his behaviour gives any cause for concern.

James McKnight (Junior) – Newquay

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September 2014 - James McKnight is currently incarcerated in Dartmoor prison, Devon. He has been given an earliest possible release date as Nov 2017

2013

Pervert jailed for multiple sexual offences against very young girl

James McKnight, 24 from Newquay was convicted at Truro crown court of a range of extremely serious and extensive sexual offences against minors

  1. Two counts of causing a female child to engage in sexual activity

  2. Five counts of rape of a female child aged under 13 years old

  3. Two counts of sexual assault of a female aged under 13 years old

  4. One count of assault by penetration on a female aged under 13 years old

  5. One count of causing a child to watch a sexual act

McKnight was sentenced to nine years imprisonment. He was also made subject to a sexual offences prevention order indefinitely and to register as a sex offender for life

In September 2009, James McKnight senior (father) was handed an indeterminate prison sentence after pleading guilty to launching nine sex attacks on a schoolgirl.

James McKnight senior, admitted four counts of indecent assault, three counts of rape, and two counts of sexual activity with a child.

McKnight had already served a six-year sentence for a knifepoint rape in 1989.

McKnight must serve a minimum of six years in prison, less 216 days already served while in custody, before the parole board will even begin to consider the process for his release.

For more info on McKnight senior click this link

Joseph Mullen – Darwen

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September 2014

East Lancs man jailed for 20 years of child abuse

A 59-YEAR-OLD man who abused young girls for more than 20 years has been sent to prison.

Joseph Mullen, of Birch Hall Avenue, Darwen, was found guilty by a jury of inappropriate activity with the four youngsters after a week-long trial.

A court heard how they had suffered ‘intense distress’’ at having to relive what happened to them, with one of them suffering nightmares and being ‘greatly scarred’ by her ordeal.

The judge was also told that the girls had reported what had happened to them before, but that ‘no action was taken’.

The abuse involved children aged 10 to 15.

Judge Pamela Badley, sitting at Preston Crown Court, said Mullen had shown ‘no remorse’ for his actions and that he posed a ‘significant risk to the public’.

She told the defendant: “I have read very moving victim personal statements from all the victims and I saw them during the trial and the pain that was etched on their faces.

“Your view with regard to what happened has been that of denial.

“You do pose a significant risk of serious harm to children through the commission of further significant offences.

“This risk is aggravated by your sexual attraction to children and your reluctance to admit to any such sexual deviancy.”

Mullen was convicted of engaging in sexual activity in the presence of a child, three counts of sexual activity with a child, 10 charges of indecent assault, another three of indecency with a child and a final count of inciting in sexual activity with a child.

He was found not guilty of one indecent assault charge.

Judge Badley sentenced Mullen to 14 years in prison with an extension period of six years to provide extra protection to the public.

He was also made subject to a sexual offences prevention order, made to sign the sexual offenders register, was disqualified from working with children and will pay a statutory surcharge of £120.

Jane Dagnall, defending, said Mullen had no previous convictions for similar offences, although he had been convicted of a kidnap and assault.

She said: “This man remains in denial.

“Until and unless he does accept any responsibility, the prison authority will not be able to work with him.

“He is on antidepressants and he has some issues with his mental health.

“He has behaved himself in custody. He has a job and he has engaged in education.”

Matthew Rogers – Basildon

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September 2014

Prison for Matthew Rogers after fourth indecent exposure at youth hostel

A MAN handed a “compassionate” community order for masturbating twice in a Chelmsford library, has been re-sentenced to six months in prison after exposing himself once again in a youth hostel.

Matthew Rogers, of no fixed address, had been ordered to live temporarily in a Basildon hostel as part of a three-year community order for three counts of ‘outraging public decency’ in both the city library, and the Bunny Walks.

But the 21-year-old exposed himself yet again while alone with a female member of staff at the hostel on August 29 and has now been re-sentenced to six months behind bars.

Delivering the sentence in Chelmsford Crown Court today (September 30) Judge David Turner said: “At three weeks and a little bit more after I imposed that sentence you were exposing yourself to a worker appointed by the public to try to deliver services on behalf of the probation to try to help you.

“It was despicable and disgraceful conduct, distressing for the worker concerned and inexplicable given your situation.

“There is no alternative but to revoke the previous community order and re-sentence you.”

Mr Rogers had previously been sentenced following exposure and masturbation in front of a teenage girl while in the library on Market Road on April 4, and when interviewed by police admitted further offences on May 10 at the same location, and then on May 14 on the Bunny Walks.

Judge Turner re-sentenced him for these offences, in addition to the breach of the latest community order in August, handing him six months in jail following the submission of a “thoroughly depressing” pre-sentence report, with half to be served on licence.

Mr Rogers, who wore a hoodie and tracksuit bottoms to the hearing, will also be required to sign the Sex Offender’s Register for five years.

Anthony Dickinson – York

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September 2014

Pensioner confessed to child sex pictures in 999 call

A PENSIONER has been put on a sex offenders’ register after confessing in a 999 call to viewing sex images of children on-line.

Anthony Ryan Dickinson’s wife called in police because she was worried about him not returning home on September 7, last year, said Reginald Bosomworth, prosecuting.

While officers were looking for him, the 68-year-old man made a 999 call to them from a phone box in Northallerton telling them about the sexual images of children and extreme pornography he had found and viewed on the internet, and sounded suicidal.

He was found later the same night and referred to mental health professionals.

Dickinson, of Rowntree Avenue, Clifton, pleaded guilty to six charges of possessing indecent images of children and eight of possessing extreme pornography.

Judge Jim Spencer QC, sitting at York Crown Court, told him: ” You have been looking at things you should not have looked at. You yourself telephoned police when you could not stand it on your conscience any more.

“There is always a victim even though you cannot see it. These pictures have to be taken. These children and other people have to be subjected to that kind of treatment.”

He gave Dickinson a 12-month prison sentence suspended for two years on condition that he does two years’ supervision and a sex offender treatment programme. He also put him on the sex offenders’ register for ten years and made him subject to a sexual offences prevention order that he has to provide the police on request with details of all his internet history.

Mr Bosomworth said police confiscated Dickinson’s computer and found 453 images and videos of extreme pornography and 137 indecent images of children. They also found notebooks with underage sexual references.

Peter Byrne, defending, did not give any mitigation after the judge indicated he would suspend the sentence.

Neil Cox – Broadstairs

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September 2014

Primary school governor and Thanet air cadets treasurer handed suspended sentence for sexual activity with a child

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A governor of a primary school and a treasurer of Thanet’s air cadets has admitted sexual activity with a child.

Neil Cox, 44, from Broadstairs, pleaded guilty to touching the breasts and bottom of a teenage girl with whom he had developed an infatuation.

Now Cox, of The Silvers, has also lost his marriage and his work with the cadets.

Details of his sordid activities were revealed when the brave victim called Childline on Christmas Day last year.

Cox is a former senior accountant with Kent County Council from 1998 until 2012 and boasts on his social media LinkedIn account how he helped to set the budget for the county’s schools.

Prosecutor Edmund Burge told Canterbury Crown Court how Cox had become a finance officer at a London primary school where he was also a governor.

But the twice-married Cox began making inappropriate comments to a teenage girl asking if she minded if he “touched her up”.

Mr Burge said the girl said she did not but Cox then talked graphically to her about a sex act and then touched her breasts as he “brushed past”.

He said the victim became frightened to be alone with him and eventually had the courage to raise the alarm by calling Childline.

Simon Taylor, defending, said Cox accepted his behaviour towards his victim had been “deplorable and shameful”.

“He deeply regrets what he did and is genuinely ashamed and finds it difficult to explain why it happened,” he continued.

“But this was out of character and he has done a lot of good work for the community.”

Judge Simon James told him that had his victim not “had the courage to speak out, you would have continued to subject her to your unwanted and inappropriate sexual advances”.

He added: “You have lost both your job and your marriage and the stigma, quite rightly, will probably live with you for the rest of your life.”

The judge said he had read about the former Dane Court Grammar School pupil’s work with the air cadets, but told him: “That is also something that is also unlikely to continue.”

He was given a 12 month jail sentence, suspended for two years, and ordered to undergo 80 hours of treatment aimed at tackling his sex offending.

Cox was also ordered to pay £350 costs and sign the Sex Offender’s Register for 10 years.

Mark Mayhew – Stowmarket

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September 2014

Man tells of his remorse over child sexual abuse images

A Stowmarket man who downloaded more than 1000 indecent images of children on his computer has walked free from court with a suspended prison sentence

The indecent images were found on a laptop belonging to 48-year-old Mark Mayhew by police officers who had been tipped off that his IP address had been active in accessing child abuse material, Ipswich crown court heard

Mayhew of Stowupland road, Stowmarket, admitted one offence of making indecent images of children between June 2011 to June 2013

He as given a nine month prison sentence, suspended for two years and ordered to do 100 hours unpaid work in the community

He was also ordered to attend an internet sex offenders programme and to pay £100 victim surcharge

Mayhew was made the subject of a five year sexual offences prevention order and ordered to sign the sex offenders register for 10 years

Prosecution said, of the 1,313 indecent images found, 227 were at level A, which is the highest level of indecency, 405 were level B and 583 were level C

After his arrest in April this year Mayhew admitted to the offences


Richard Watson – Barnstaple

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November 2012

Abuser tried to attack his victim again years later

watson

A CHILD abuser who tried to prey on his victim again when they met as adults has been jailed for eight years.

Richard Watson subjected the woman to sexual assaults when he was a teenager and she was aged 11 to 15. He then joined the army and moved away from the area.

They met again 12 years later when he left the forces and she had just graduated from university. He sent her texts demanding sex before going to the flat where she was living.

He tried to rip off her trousers and told her he was going to force her to have sex with him again, Exeter Crown Court was told.

Watson, now 29, of Higher Maudlin Road, Barnstaple, admitted eight specimen counts of indecency dating back to the late 1990s, common assault, and battery with intent to commit a sexual offence.

He was jailed for eight years by Judge Francis Gilbert, QC, who told him: “You were well aware she did not consent when you first abused her and you threatened her to make sure she did not tell anyone.

“You saw her again last year when she returned to North Devon from university and you started to try to abuse her again. You sent her text messages threatening violence and you then went to her bedroom and threatened to rape her.

“When she refused you pulled her trousers down in order to rape her.

“She screamed and tried to leave the room by the door but you blocked her and when she tried to leave by the window you blocked that as well.”

Richard Crabb, for the prosecution, said Watson had started abusing the girl when she was eight or nine.

The later incident happened in December last year.

Mr Crabb said: “He asked her if she wanted to talk about the past and she replied she did not. His messages then became unpleasant and threatening.

“He then went to see her and threatened to cut her clothes off.”

Mr Crabb said Watson grabbed her by the hair and tried to pull her trousers down, but she fought and screamed.

He said: “In the end he stopped and told her it had all been a joke. She told a friend and the police were called. She told them she had thought she was going to be raped.”

Greg Richardson, for the defence, said Watson wanted to apologise for the suffering he has caused and deserved credit for pleading guilty.

He said: “I also ask the court to take into account his youth and immaturity at the time he committed the first set of offences.”

John Evans – Neath

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** Evans has now been released

November 2011

Pervert jailed for abusing girl

A carpenter with Network rail, John Fredrick Evans of Neath has been jailed for four years and eight months at Swansea crown court for multiple sexual offences against a female child

Listed below are the various charges he was found guilty of:

  1. Four counts of Inciting a child to engage in an act of gross indecency 

  2. One charge of attempted rape of a child aged under 16 years old

  3. Four counts of indecent assault on a child aged under 16 years old

The female victim was abused between the ages of seven and fourteen years old

Evans was ordered to remain on the sex offenders register indefinitely and banned from working with children indefinitely

Philip Lakey – North Baddesley

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June 2012

Hampshire man spared jail term for looking at child abuse images

A HAMPSHIRE man who downloaded more than 700 indecent images of children was spared a prison term after a judge said it was in the public interest that he went on a sex treatment programme.

Southampton Crown Court heard that as a result of an inquiry into a hijacked website, police identified a number of IP addresses, including that of Philip Lakey, who had visited it.

Prosecutor Stephen Parish said they went to his home with a search warrant and seized two computers.

In interview he admitted he had been looking at pictures of young girls, from the age of five upwards and he felt “disgusted and ashamed” with himself.

Lakey, 44, of Launcelyn Close, North Baddesley, admitted 12 charges of possessing and making indecent images.

He was handed a three-year community order including attending an Internet sexual treatment programme and placed on the sex offenders’ register for five years.

Robert Bustard – Jacksdale

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September 2014

‘Dangerous’ Jacksdale man jailed for sex offences against boys

rape

A 25-year-old has been jailed for 14 years after admitting raping a boy under 13.

Robert Andrew Bustard, 25, of Wagstaff Lane, Jacksdale, appeared at Nottingham Crown Court on Tuesday.

He had previously admitted five counts of rape of a boy aged under 13, two counts of inciting a boy aged under 16 to engage in sexual activity, making indecent images of children and supply of a class B drug.

Bustard has also been placed on the sex offenders’ register for life.

Detective Sergeant Helen Lambert, who led the investigation, said: “Bustard is a dangerous individual who targeted young boys and took advantage of them in the worst way possible.

“He made a number of indecent images of children and stored these images on his computer. His victims have shown tremendous bravery but we are conscious of the impact that this has had on these young people and their families.

“The custodial sentence reflects the danger Bustard poses to children and it will remove the risk of harm to the public for a significant period.”

James Ogley – Luton

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October 2014

Vicar jailed after telling 13-year-old girl to rape sister in on-line chat

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A Church of England vicar told a 13-year-old girl to sexually abuse her 9-year-old sister during a series of depraved online chats.

Reverend James Ogley, a married father of two young children, told the teenager he wanted her and her sister to have sex with their own mother.

In another shocking online exchange, he told the teenager to rape her younger sibling.

Police officers discovered the clergyman’s warped communications when they went to the vicarage in Luton, Beds., where he lived with his family and seized his laptop computer from his study.

Ogley had been a regular visitor to the chat room for youngsters, deriving sexual gratification from the chat logs, a court was told.

Prosecutor Daniel Siong said: “The material included graphic descriptions of sexual abuse of children… these included incestuous, sadistic, paedophiliac sexual acts on young and very young children – four years old in one instance.”

In some exchanges he asked a 13-year-old girl to remove her clothes and sexually abuse her younger sister. Another interaction recorded him describing sex acts with an eight-year-old boy.

At Luton Crown Court, 38-year-old Ogley, the vicar of Saint Francis Church in Carteret Road, Luton, pleaded guilty to seven charges of publishing obscene material in the form of chat logs.

Six offences relate to material posted online in June 2012 and one to a publication in November 2012.

Ogley, who had been suspended from his post since his arrest, was jailed for two years.

Passing sentence Judge David Farrell QC told him:”What you did was totally incompatible with the beliefs and teachings of a vicar. You are there to uphold and further Christian beliefs.”

The court was told he had lost everything following his fall from grace. His marriage had fallen apart, he had lost his home and now he would be dismissed from the church.

Daniel Siong prosecuting said it was on January 10 last year that officers went to the vicarage in Hollybush Road, Luton where Ogley had lived with his young family since August 2011.

The court was told the officers from Hertfordshire Police’s County Community Safety Unit had gone to Ogley’s home because they had received ‘intelligence’ that someone at the address had been attempting to contact children via the chat room ‘Internet Relay Chat’ and asking them to “commit child sex offences.”

james edward ogley

The vicar said he had not visited the chat forum for ‘some time’, while his wife said she had not used the chat room not since university.

But after officers were provided with a password to his laptop, chat logs were discovered that showed he had been having sexually explicit online conversations with youngsters who appeared to be under the age of 16.

The prosecutor said “The material included graphic descriptions of sexual abuse of children. These included incestuous, sadistic, paedophiliac sexual acts on young and very young children – four years old in one instance.”

Judge David Farrell QC, hearing the case, was told how Ogley had talked online of performing sex acts with an 8-year-old boy, discussed his penis size with a young girl and told her to remove her clothing.

In other online conversations with the same girl, who he believed to be 13, he had told her to perform sex acts on herself and expose herself from her bedroom window.

Ogley himself had pretended to be a youngster and on one occasion during a conversation claimed he was a 14-year-old boy from Ireland.

When interviewed by detectives, Ogley admitted he had been sexually aroused while having the online conversations, but he said he had never arranged to meet anyone.

The court was told that it hadn’t been possible for police to trace the people Ogley had spoken to in the chatroom.

The court was told that Ogley now accepts his sexual feelings are unhealthy and he has taken steps himself to tackle them with regular therapy sessions provided by the church.

Andrew Morton, defending, said: “He is a very chastened and contrite individual since his arrest. He is likely to lose his job and his home.

“He makes no excuses and realises the folly of his conduct and he is utterly mortified at having to read the stuff he wrote on the chatlines.”

In a statement, the Diocese said: “Bishop of St Albans, the Rt Revd Dr Alan Smith… will impose an appropriate penalty after sentencing.

“He will take account of what he sees as the gravity of this case and the breach of the trust reposed in Ogley by the church and by the parishioners of St Francis Luton.”

Christopher Flood – Bradford

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September 2014

‘Wicked’ Bradford child rapist jailed for 11 years

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A WICKED child rapist who groomed a terrified 13-year-old girl and blackmailed her into silence has been imprisoned for 11 years.

But the judge jailing Christopher Flood told him his victim was serving a life sentence.

The vulnerable girl tried to kill herself when she was 14 because Flood made her feel like “a dirty piece of nothing,” Bradford Crown Court heard today.

Flood, 38, of Idle Road, Idle, Bradford, pleaded guilty to indecently assaulting the girl when she was 13 and three sample offences of raping her over the next two years.

Prosecutor Philip Standfast said she suffered extreme psychological harm and attempted suicide with an overdose of tablets.

Judge Jonathan Rose said Flood wickedly told the police the innocent child had flirted with him after he was arrested in November last year.

He groomed the quiet, shy and studious girl with alcohol and cigarettes before sexually abusing her on a sofa in 1999, when he was drunk after a party.

Flood went on to rape the child a few months later.

“This was an act of depravity. She was but 13-years-old. She was, of course, a virgin,” the judge said.

Flood ruined her childhood and made sex dirty for her.

He exposed her to the risk of infection and unwanted pregnancy.

Judge Rose said the child was shocked and distressed but felt unable to tell anyone.

“She was terrified of what you had done and she was powerless to do anything.”

Sure of her silence, Flood was free to repeatedly rape her over the next two years.

“At 14, she felt ‘a dirty piece of nothing’ and decided to kill herself. She left a note for her parents and took an overdose. Mercifully, she survived,” Judge Rose said.

He added: “Even now, she carries a sense of guilt, although she was an entirely innocent victim.”

Flood’s barrister, Stephen Wood, said his guilty pleas had spared his victim the ordeal of reliving the abuse in front of a jury.

He had since locked away inside him the “twisted motivation” to sexually assault children and had not committed any similar offences.

Flood was ordered to sign on the sex offenders’ register for life.

After the case, Detective Sergeant Suzanne Hall, of the Bradford District Safeguarding Unit, said: “Flood repeatedly abused his victim when she was a young teenager and the lengthy sentence passed down today reflects the severity of these offences.

“We would like to thank the victim for coming forward and we hope this will help to give her some closure.

“We also hope it will encourage other victims of sexual abuse to engage with West Yorkshire Police and our specially trained officers, who will investigate all offences sensitively and thoroughly, with the aim of securing convictions against offenders.”

Paul Marshall – Melksham

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October 2014

Jailed: Railway guard, 61, who encouraged young girls to send indecent pictures

A railway guard who encouraged young girls to send him indecent pictures of themselves has been jailed for five years and four months.

Paul Marshall, 61, showered the youngsters with gifts as well as buying them booze and cigarettes as he groomed them for his vile purposes.

And as well as getting the girls, aged 14 and 15, to send pictures in states of undress he also encouraged them to go to a dogging site with him and strip off for money.

Marshall’s depravity was only uncovered after another girl made a complaint that he had offered to take her ice skating after chatting to her on a train.

Hannah Squire, prosecuting, told Swindon Crown Court on Friday when police arrested him for that, which was not proceeded with, they examined his computer and diaries.

In them they found a number of pictures of the underage girls along with series of entries cataloguing what he had done to them.

The first girl was just 15 when she met Marshall through friends in the spring of 2009, befriending him as he would buy her alcohol and cigarettes.

He would also take her shopping, buying her clothes and other gifts, and paid for her to get a tattoo, despite her being underage.

After he a while he started insisting she send him pictures of herself, for his generosity to continue, first in her underwear, then topless and naked.

In his diary he spoke of trying to take her to a notorious dogging site near Bath, and even made reference to her turning 16 proving he knew her age.

In a text message, accidentally sent to the girl’s mum, he said, “Take on board what I say. The more you give the more you get treats. You need to make more effort”.

Miss Squire said the second victim, a 14-year-old, approached him around the same time after learning through friends he bought things for teenage girls.

He gave her similar gifts and paid her £80 to sunbathe topless for him, she refused £100 to go nude.

In one diary entry in June 2009 he wrote, “Meeting her at 1830 at Tesco Express. Seems to be up for anything. Will have sex for money. What a lovely pretty girl”.

He also showed her some of the 116 indecent images of the other girl as he encouraged her to send some of her, which she did 27 times.

As well as the pictures being found on his computer he had also printed some out and they were kept in his bedroom.

Marshall, of Rutland Close, Melksham, admitted two counts of meeting a child after grooming and six of making indecent images of a child.

Miss Squire said as a result of the offending both children felt trapped and unable to tell leaving them psychologically damaged.

Alex Daymond, defending, said apart from the offending in his mid 50s his client had never been in any sort of trouble before.

“Why it has happed is a mystery to him and a mystery to other people as well,” he said.

“He realises it is probably worth very little but he apologises to the girls for what he has done.”

Jailing him Judge Tim Mousley QC said: “You systematically groomed these two young girls over a period of time.

“It is quite clear what you had in mind in behaving in the was you did towards them.

“Putting it mildly you gave caused them enormous, perhaps incalculable, distress. You have caused each of them great harm. There are two ruined lives at least.”

As well as jailing him, the judge said Marshall must register as a sex offender for life and imposed a sexual offence prevention order restricting his liberty when he is released.


David Barrie – Dundee

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September 2014

Sex offender walked free from court after a sheriff told him — prison won’t change your behaviour

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David Barrie, 33, of Wolseley Street, was banned from seeing girls under the age of 17, but was regularly drinking in his home with a girl under that age.

He was placed under a three-year supervision order at Dundee Sheriff Court on Tuesday after admitting the offence.

Barrie was previously placed on a Sexual Offences Prevention Order (SOPO) banning him from having contact with girls under the age of 17.

But within two months he was found to be having regular contact with a girl aged under 17 in his home.

At the time police were monitoring him and when officers attended for their weekly check-up on September 4, Barrie told them he had been drinking with a female the night before.

Fiscal depute Charmaine Gilmartin said: “He told police he didn’t know how old she was but police were concerned and carried out an investigation.

“The girl said she had gone to the house on September 3 and initially she wasn’t allowed to go in by the accused because she was aware he was prevented from having contact with anyone 17 or younger.

“The female said she had consumed alcohol with him.

“The witness intimated she had attended the address about six times over a two-month period.

“She has never been on her own.

“She said the accused was aware of her age.”

Solicitor David Duncan told the court Barrie had four years of the SOPO to complete.

Mr Duncan added: “There is a level of honesty from him about his ongoing difficulties but he has still to be placed at a high risk of re-offending.

“Prison won’t affect the risk he has of re-offending. It would get him out of the way but he’d still come out at a high risk.”

Barrie admitted being in the company of the girl on a number of occasions between July and September while subject to a condition prohibiting it.

Sheriff Charles Macnair, QC, said: “I’ve got a choice between a relatively short period of custody or imposing a Community Payback Order which, if it works, is more likely to rehabilitate you.

“As custody doesn’t change your behaviour I am prepared to give you another chance in the hope that this will change your behaviour.”

Barrie was also ordered to take part in a rehabilitation programme and to complete 135 hours of unpaid work.

Andrew Plimmer – Darlington

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September 2014

Admin assistant left child abuse pics in his desk at work

A PERVERT admin assistant who downloaded child abuse pictures on his works computer was unmasked after carelessly leaving a print-out in his desk.

Andrew Plimmer, 40, left his job with a Darlington company and cleared his work area – but left behind clues about his sordid secret double-life.

An apprentice found the indecent photograph, alerted bosses and they contacted the police, prosecutor Harry Hadfield told Teesside Crown Court.

Officers went to Plimmer’s home and seized three lap-top computers, and discovered that he had also been using them to search the internet for filth.

His lawyer told the court that he might have looked for the illegal material because he got a “kick” out of doing something he was not meant to.

Jonathan Harley, mitigating, said the father-of-two had never been in trouble before, and described his internet activity as “two weeks of stupidity”.

Mr Harley said the authorities had stopped Plimmer staying at the family home in Brignall Moor Crescent, Darlington, and was living in his car.

Judge Peter Armstrong ordered that the defendant – now in a new job – should sign on the sex offenders’ register and his internet use should be restricted.

The judge told Plimmer yesterday: “Why you should have got involved in offending of this nature for a short period in 2013 is difficult to understand.

“You say it wasn’t for sexual thrills, but the thrill of simply doing something illegal. That may well have been a factor had there been just one image.

“But this went on at work, and at home on lap-tops,” the judge added. “Now, as far as cases of this nature are concerned, the number of images is low.

“With the sort of assistance given by the Probation Service, you should be able to avoid committing any such offences in the future.”

Plimmer admitted two charges of making indecent images of children, and was given a six-month jail sentence, suspended for two years, with supervision.

Mr Harley said: “In spite of this, his partner is sticking by him, and they are trying to resolve the inevitable difficulties this has brought about.

“His sole focus has been trying to repair the damage which, in his words, this two weeks of stupidity has done. He is currently living out of his car.

“He is unable to provide any real explanation as to why he did this. It was a two-week period following years of adherence to the law. It is very odd.

“Perhaps an interest in children and getting sexual gratification is not the primary reason. There is as much an element of him obtaining thrills from simply viewing illegal material at work, and doing something he knew he wasn’t supposed to be doing.”

Mr Hadfield told the court that 14 pictures and two short film clips – one showing girls being sexually abused – were discovered by police.

Andrew Wright – Park Barn

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September 2014

Pervert who sexually assaulted two young girls and animals jailed

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A sexual predator from Park Barn, who assaulted two young girls, was jailed for four-and-a-half years this week.

Andrew Wright, of Foxborrows Avenue, appeared at Guildford Crown Court for sentencing

Judge Robert Fraser heard that Wright had stored thousands of pornographic images on his computer, including hundreds depicting extreme child pornography and inappropriate images of animals.

The 57-year-old faced three counts of sexual assault on children under the age of 13.

He was also charged with three counts relating to the possession of more than 600 indecent images of children – including the very young and sexual acts involving his own pets.

One of his victims was abused in March this year, and following Wright’s arrest on Wednesday March 19 a second victim came forward claiming he abused her two years ago.

Judge Fraser told Wright: “This was a gross breach of trust and you caused enormous damage to these girls to fulfil your own sexual needs.

“Not only was there a physical impact and harm but also, of course, long-term mental impact too.

“It does not seem to me to be a coincidence that both girls were of a similar age and it is very clear you have had a sexual interest in young children and animals for some years.

“It caused a great deal of damage to the girls who have got to live on and find a way of coping in the future.”

The court was told how Wright used his pets to lure one of his victims to the bedroom of his flat on the two consecutive days he abused her.

On both occasions the girl was allowed to play with a dog, which was kept in the bedroom, and Wright would instigate the abuse by sitting on the bed next to her and asking for a hug.

The second victim said he had touched her inappropriately two years before and she had to stop him from going further.

She had been too scared to tell anyone what had previously happened until the other young girl had reported Wright.

Following his arrest in March and the confiscation of his laptop, Wright was arrested again on Wednesday July 30.

Indecent images of children and animals were found among the 4,000 pornographic pictures stored on his hard drive.

More than 100 images, including one video, were of the most seriously indecent nature involving children and animals.

Another 500 images and videos were classed as indecent. The court heard some involved his own pets.

Wright was told he would serve half of his sentence in custody due to the guilty plea, which he submitted early on in the case.

Michael Hillman, defending, told the court before sentencing that Wright was sorry for what he had done.

He said: “He pleaded guilty at the earliest stage possible and would have done so if possible at the plea and case management hearing on Monday July 14 had the other investigations not been ongoing.

“He is sorry for what he has done and what he has put these victims through.

“He does not know why he has a fascination with animals and children, and he is ashamed.

“He has also accepted that he requires help and hopes to complete a sexual offenders’ treatment programme.”

Shakeel Razaq – Middlesbrough

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September 2014

Sexual predator who groped schoolgirl after following her off a bus avoids jail

A sexual predator who groped a 15-year-old schoolgirl after following her off a bus avoided prison today.

Shakeel Razaq was caught after being chased by his young victim’s sister who called police and pursued him until she saw him being caught by an officer.

But a court was told today he still could not explain what possessed him to pursue the underage girl and grab her, leaving her traumatised.

Teesside’s top judge said a short prison sentence would only release Razaq back on to the streets without supervision.

The girl noticed Razaq constantly staring on her as she sat on a bus after school,Teesside Crown Court heard.

She felt uncomfortable and tried to ignore the 22-year-old stranger on the afternoon of May 15.

Carrying a bag containing a chef’s uniform from an Indian restaurant, Razaq got off the bus at the same Middlesbrough stop as the girl and her older sister.

He kept pace with them as they deliberately slowed down to see if he would walk past them, said prosecutor Harry Hadfield.

Razaq then put his hand up the 15-year-old girl’s skirt and grabbed her bottom so hard it hurt her.

The girl, who cannot be named for legal reasons, froze and screamed.

Razaq ran off, chased by the girl’s sister who saw him detained by police.

The victim was in tears, shocked and scared after the attack. She ran into her home and locked the door. When police came to see her, she could not stop crying and shaking.

She later said the assault made her feel dirty and was aghast that it could happen on a busy street in the middle of the day.

Razaq, of Acklam Road, Middlesbrough, admitted sexual assault, his first offence. He had initially denied it then owned up saying he was ashamed.

Andrew White, defending, said: “He is at a loss to really explain why this event took place.

“It was really a moment of madness.

“He shows genuine remorse. He does genuinely bitterly regret what he did and he sincerely apologises to the complainant.

“He’s mortified by what he did. He’s deeply ashamed and he’s disgusted by his behaviour.

“For his part he’s absolutely determined that there will be no recurrence.

“He’s never taken alcohol, never taken drugs. He has no previous convictions whatsoever.”

He said Razaq’s guilty plea in May would have reassured the victim, sparing her having to give evidence and relive her ordeal in a trial.

Razaq lost his job because of his crime, hoped to get new work and had family support in court.

Mr White added: “An immediate custodial sentence would be completely counter-productive.

“It would place him in the company of malign influences rather than giving him the benefit of constructive support from the Probation Service.”

A probation report said Razaq was a “predatory young man” who would continue to pose a risk, recommending a community order for him.

Judge Simon Bourne-Arton QC, the Recorder of Middlesbrough, told Razaq: “For reasons that only you know, and perhaps you don’t know or claim not to know, you became interested in this young girl.

“You pursued her and followed her for some distance before you indecently assaulted her.”

He said it was a “determined and deliberate” attack which horrified, frightened and disturbed the girl, and would affect her for some time.

He gave Razaq a six-month prison sentence suspended for 18 months with supervision and programme requirements.

Explaining his decision, he said: “If you were to serve the sentence of six months you’d come out and nothing would be done by way of supervision or guidance of you.”

Razaq was given a five-year sexual offences prevention order banning him from unsupervised contact with girls under 16 except in certain circumstances.

David Jenner – Grimsby

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October 2012

Indecent images of young girls found on man’s computer

POLICE found well over 1,000 indecent images of young girls after searching a man’s computer, a court heard.

David Jenner, 48, of Albatross Drive, Grimsby, admitted possessing indecent photographs of children and possessing extreme pornography on February 11.

Nick Adlington, prosecuting, told Grimsby Crown Court that police searched Jenner’s computer after being alerted about the images through a tip-off.

There were more than 1,170 images, mainly of young girls, and 38 of extreme pornography, involving animals.

Craig Lowe, mitigating, said Jenner made full and frank admissions. He committed the offences while he was “at a low ebb” and told police he was “disgusted and ashamed of himself”.

Judge David Tremberg told the court Jenner had been suffering “personal and emotional turmoil” after his wife left him and he became isolated.

He had been “coping very, very badly” with his life and lost his job, but later found further employment.

The law was designed to protect children from “sexual exploitation” because the actions of people like Jenner increased the likelihood of indecent images being produced, said Judge Tremberg.

Jenner was given a three-year supervision order, including a sex offender treatment programme, and he was ordered to register as a sex offender for five years.

He was given a five-year sexual offences prevention order, banning him from using the internet unless his website history was kept and it could be checked by the police.

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