Published: Wednesday, 28th July, 2010 1:04pm
Matt George awaits Law Lords verdict
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Matt and Yvonne George
Matt George, wife Yvonne, daughters Lisa and Mida, sons-in-law Robert and Chris are all to be congratulated for "staying the course", since Matt's trial and sentence in June 2006, and remaining united in fighting this gross injustice.
The tide is now turning in Matt's favour, slowly but surely ... but at a considerable cost to Matt and his family. Whilst not wishing to prejudice the outcome of the appeal hearing in any way, I witnessed some of the evidence being presented before the three Law Lords (2nd week of appeal hearing), and I can only come to one conclusion:
The operation initiated by Glasgow City Council and Strathclyde Police against Matt and former Kerelaw staff was so biassed and "loaded" to be, quite frankly, unbelievable, in this day and age. Matt's original defence team let him down badly - this has been thoroughly and comprehensively exposed by Matt's present QC Simon Di Rollo.
Getting access to key documents at the time of the original trial was referred to as a process characterised by "obstructiveness" - or as was admitted, the document holders presenting with an attitude that was described as both "sinister" and "unhealthy". Other sources of important background information which would have been helpful to Matt's cause, were not pursued by his original defence team. This is inexcusable - a gross dereliction of duty of care to their client.
In my opinion the original conviction (abuse charges at Kerelaw) against Matt cannot remain. A significant element of doubt has now been introduced at this appeal hearing: this conviction must now be considered "unsafe", as the original evidence as presented by the Crown does not meet the legal criteria of meeting the key test of being proved "beyond all reasonable doubt".
Matt has been on interim liberation since December 2007, having already served one year and nine months in penal custody. Matt's many supporters now wish to help him and his family draw a line under this nightmarish experience, and sincerely hope that he will soon have an outcome from the Law Lords which will permit of this to happen. Waiting another few weeks will prolong the agony, but will in my view be well worthwhile. Not only has Matt been on trial ... the process of criminal justice and fairness in our Scottish Courts is on trial.
Full page of letters in the Largs & Millport Weekly News
Have your say. .
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anonymous
Unregistered User
Jul 30 10 23:52
Comment: 12753
Matt and his defence team presently appealing a sentence of ten years imprisonment imposed in June 2006 at Edinburgh High Court, may take some encouragement from a judgement handed down recently from Edinburgh Sheriff Neil Morrison, highlighting serious malpractice on the part of both the police and social workers in joint investigative interviews of children who allege they have been abused.
The Association of Directors of Social Work in Scotland (ADSW) have referred to this in their web page as follows:
"Father wrongly accused in flawed abuse inquiry
"The handling of child abuse investigations in Scotland has been thrown into question after a sheriff found the methods used by police and social workers while interviewing a young girl were so flawed that he recommended they be retrained."
The Scotsman (16th July) continues with this indictment as follows:
"In a devastating court judgment - which experts said highlighted "serious systemic problems" of malpractice throughout the child protection service - states their conduct was described as worse than in the interviewing of children that led to the Orkney child abuse inquiry in 1991.
"The country's leading expert on the forensic interviewing of children said the case exposed a problem at the heart of child protection that was harming youngsters' welfare.
"A senior insider at the Faculty of Advocates warned that the elements of the case were "not untypical" and said there was disquiet among lawyers about the consequences of inadequate or poorly understood training in civil and criminal cases."
"The court found there was a catalogue of inappropriate direct questioning, including leading and closed questions."
"According to the judgment, the interviews broke almost all the rules set out in the National Institute of Child Health and Human Development Protocol which is regarded as the gold standard of interviewing children."
Sheriff Neil Morrison called for the removal of the social worker, and two police officers, from child interviewing duties after he ruled their work was "damaging".
Matt has repeatedly made similar allegations, especially about "leading questions" by police and social workers, being put to ex Kerelaw children alleging abuse (historic, going back many years), and the simultaneous offer by inquiring officers of financial compensation to children, on the basis of a conviction. It is even alleged that they were shown photos of Matt George and asked if they knew this Kerelaw teacher ... followed by inappropriate prompting.
From the very beginning of the Kerelaw investigation (code-named Operation Chalk), there is very little evidence of any critical examination or questioning of statements made by young people (now adults in their 30's and 40's at the time of Matt's trial), and a complete acceptance that the truth was being told. There is more concern now about leading and suggestive questions being put to these ex-residents, and extensive efforts made to locate them in every prison establishment, the length and breadth of the country, to generate a flood of complaints, with offers of financial compensation as a "reward". The means seemed to justify the "dubious" ends of these investigations.
A renowned child protection "expert", Ray Wyre, used by the Crown at Matt's trial, but not called to give evidence, indicated at the conclusion of the 12-week trial that in his opinion there was not sufficient evidence to support a finding of guilt.
I was unhappy at the time of the announcement of the Jointly Commissioned Inquiry into alleged abuse at Kerelaw School (Frizzell Report), published in May 2009, principally from the point of view that this inquiry was referred to as "Public Inquiry", but to be held in "private". I had argued strongly at the time for a Judicial Inquiry. Frizzell held interviews in "private", again with no evidence being presented of any critical questioning of this evidence. Frizzell states that his team "were concerned about the quality of some of the information provided by Glasgow City Council", and that "we did receive raw data ... but were not able to draw safe conclusions from the figures". Matt concurs with this view.
Frizzell made extensive efforts to make contact with ex Kerelaw children, accommodated at the school from the early 1970's, wishing them to come forward to give evidence. This included making contact with every local authority in Scotland, Barnardos Street workers, advertising on Radio Clyde and Radio Scotland, and setting up a web site.
I estimate that well over one thousand children have been accommodated at Kerelaw over this 25-year period. Frizzell records that "over 70 young people were contacted", and expresses his disappointment that by mid-December 2008, "...when the inquiry closed its formal evidence-taking, a total of 22 ex residents had provided oral evidence." It is known of course that not all of this evidence was critical of care received at Kerelaw - a number of young people have since come forward with complimentary statements about their care at Kerelaw, and especially how they were looked after by Matt George in particular.
The honourable Law Lords presently considering Matt's appeal will I am sure draw their own conclusions about the methods and processes used by police and social workers to secure a conviction in 2006. I will not be surprised if this opinion will echo the critical comments made above by Sheriff Neil Morrison.
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anonymous
Unregistered User
Jul 31 10 12:50
Comment: 12760
Some interesting observations, following on from the Comment above:
Is it purely coincidental that at the same time of Matt's appeal hearing against his conviction being heard in the High Court of Judiciary in Edinburgh before three Law Lords, we have information placed on public record (23rd July) about two ex Kerelaw pupils, referred to as "pupil M.W." and "pupil C.G." pursuing an action in the High Court of Session for compensation for abuse when they were pupils at Kerelaw School?
The three Law Lords considering the latter - Lord Eassie, Lord Bannatyne and Lord Wheatley - have published their "Opinion" which can be accessed from the Scottish Courts web page. I am particularly interested in comments referred to in this judgement, which make reference to the actions of the police in following up these original complaints:
From the "pupil M.W." judgement, reported on 23rd July, I have noted with interest the following record:
"[10] In article X of condescendence the pursuer avers that, put shortly, on leaving Kerelaw (in 1996) she had suffered no psychological or material physical injury. ... But the pursuer also avers that after she was contacted by the police in February 2005, she was "forced to confront the abuse" and that she has, since that date, suffered from various mental health problems ...".
I am curious about the comment "forced to confront the abuse" (nine years after leaving Kerelaw), and the methods used by the police to achieve this outcome.
In the case of "pupil C.G.", we now have it on record from the Law Lords Opinion delivered on 23rd July -
Para (6) ".... However as a result of the police investigation she was forced to confront the abuse. Psychologically she has felt worse since the police came to see her." ...
In the "Comment" above, reference is made to a quite separate judgement involving abuse allegations, and methods used by police and social workers, resulting in the presiding Sheriff recommending that a social worker and two police officers be removed from child interviewing durties.
It is further stated in this article -
"The country's leading expert on the forensic interviewing of children said the case exposed a problem at the heart of child protection that was harming youngsters' welfare."
In the case of both ex Kerelaw pupils we now have statements alluding to similar concerns. In the case of pupil M.W. -
"... she was "forced to confront the abuse" and that she has, since that date, suffered from various mental health problems ...".
And in the C.G. case -
"Psychologically she has felt worse since the police came to see her."
Irrespective of the veracity of allegations being made, should we not now be increasingly concerned about the methodology and practice being used by police and social workers involved in the interviewing of alleged abuse victims, as so explicitly and forthrightly brought to our attention by Sheriff Neil Morrison?
If these methods are proving to lead to outcomes which are so detrimental to the mental health of the victims concerned, then an urgent review of the respective roles of police and social workers in this highly contentious area of work is now called for. The consequences for all parties concerned, including innocent but convicted perpetrators, is mind-blowing.
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anonymous
Unregistered User
Aug 2 10 23:06
Comment: 12816
TELLING IT AS IT WAS -
The following are some testimonials from ex Kerelaw pupils, with a different experience to relate. Putting a few of these comments together in narrative form, communicates a very powerful message to their Lordships.
"If it wasnt involving real people, it would be funny. There has been a lot of words spoken here on the net, Matt was my art teacher for nearly two years, as a grown man (nearly 40) i can tell you there was no abuse. if anything the only abused people were the staff at Kerelaw.
We werent there because we were angels....
I have four kids. i think of my time in Kerelaw and i hope that none of them go into any such a place, not because it was a bad place, but because that i learned enough to teach my kids not to end up there.
Kerelaw might be nothing more than a field right now, but Matt and John have a mountain to climb,
And i would like to think that all the people they helped along in lifes journey, will help them out.
I was there, i seen what went on, i was in the middle of it, and i can tell you, it didint happen."
Thanks mcbamm (posted 14th March).
mcbamm adds another posting:
"I can see the sense in what your saying Mr.Hepburn, about folk being 'embaressed' about being in Kerelaw to thier families.
To me the staff in Kerelaw shaped me into the man i am today,and im gratefull for for the input they had in my life, they showed me that even though id been a bad puppy to end up in Kerelaw i wasnt totally beyond help...
From reading the Kerelaw Inquirey report, i despair that words on paper seem to be more important than those spoken at the time in Kerelaw. i doubt Mr. Frizzell would have lasted more than a week as a care worker or teacher in Kerelaw, from speaking to him and being spoken down to by him, i only saw a lap-dog obeying his masters whishes...before his master (Purcell) whent to rehab....but we wont go there....:-)
Mr. Frizzell gave me the impression that i was still in the wrong after all these years i was still a bad puppy, well if Mr. Fritzzell wants to come to down to my local community and speak to some of my regular customers(im a builder) he might find out how full of s**t he is.
But i doubt that will happen..
I live in the real world, socialworker-land is a place where nobodys feelings or emotions get hurt and nobody shouts or swears at each other or gets into fights...great when the tax payer is paying for your salary/sick pay/holidays and pensions...
When all this is over and Matt and John get cleared, Mr Fizzell better hope his reputation is whiter than white,cause if it aint...he might find out how it feels to be on the wrong side.
Nice to see another former pupil joining in Jillain, thanks.
"There cant really be any discrepancy about what actually did happen at the time, you cant change the past. What you can change is peoples versions of events that happened at the time."
Gillian has also chosen to say a few words:
Another voice from Kerelaw's past:
"As a former pupil of Matt Georges at Kerlaw School for nearly four years, i feel the allegations made against him are complete and utter rubbish. I never saw or heard of any abuse taking part. If anything it was the staff that were abused by the pupils. I always found Matt to be a very fair teacher, who went out his way to help us. I wish Matt all the best in his appeal as this has been a miscarraige of justice.
Good luck Matt
former Kerlaw Resident
Jillian Blair"
Thanks Gillian, a contrary view, expressed with deep concern for Matt in his present precarious state, awaiting a vital decision from three Law Lords. No-one paid you to come forward, no-one has offered you any compensation for telling a different story.
Another pupil, Craig Diver, met me recently at Matt's appeal hearing in the High Court, Edinburgh. Craig has been a stalwart in his support of Matt from the date of his original trial, so incensed was he with Matt's conviction:
"I have publically said wha****hink in the newspapers, television, radio, i have written to the first minister,i've attended as many of Matt's court dates as i can!! I do not have any contact with any former residents apart from those who are popublically known!!! Its important that people put their own heads up above the parapet because if we go looking we could find more trying to jump on the bandwagon! Anyone with a conscience who has seen any of the reports should come forward!!!!
Best Wishes,
Craig"
CRAIG has an earlier comment too:
"As a former resident of Kerelaw i also lend my full support to Matt George, and confirm that the allegations are in my opinion the biggest load of fabrications possible!
Having personally come across some of the characters who have testified against Mr George, (yes being resident at the school at the same time as them)I have no doubt at all in Mr George's innocence!
... One particular character who gave evidence against Mr George currently boasts on his bebo profile how he has got away with murder, attempted murder, police assaults etc, his face is also covered in much the same way as you would expect to see a terrorists face covered! This character went into the witness box and declared himself to be RAMBO!!!
This is the callibre of individual that led to the conviction of Matt George!!!
Those making the allegations are in whole either hardened criminals or hardened drug addicts who are in line for some very substantial awards (figures of up to and including £100,000)
Secondly you talk about the wee papers "bias" here i have to say to you considering the demonisation of MR GEORGE by most of the press at the time of his trial and at the publishing of earlier reports by Glasgow city council, then i think it was very admirable and very brave of the wee paper to take the stance that it did by sending it journalists out too look for the truth!
I also have to point out that since the wee paper took this stance and since myself and others approached other media and told them that we believed this to be a gross miscarriage of justice, then other journalists have now also taken the same standpoint as the wee paper! Due to the ongoing appeal we cannot produce all our evidence at the moment, in fact we can say very very little but believe me if u could see some of the things that have been going on your hair would stand on end! What we can say however is that the recent scottish government enquiry into Kerelaw should be enough to show that not everything was as originally reported!
As for your point as to whether those that are in the prison system were failed by Kerelaw i answer that with an EMPHATIC NO!! They were failed by themselves, everyone at Kerelaw had equal opportunities, some of us took them and some of them didnt! Some of us became university graduates, some of them became career criminals and habitual drug addicts!!
I have attended the court throughout Mr George's Appeal Process and will continue to do so and will not rest until his name is cleared! Mr George was an art teacher who went way and beyond the call of duty in his efforts to help kids at Kerelaw and as a result diverted MANY away from the criminal justice system!! For this he should be applauded NOT have a ten year prison sentence due to the lies of some rather unsavoury people!!
Now i will conclude by saying as well that I am speaking up without the chance of a single penny reward, my reward will be when Mr George's name is cleared and secondly i have given up my anonymity and put my name forward because I will NOT stand seeing an innocent man in prison!!!
What similar points can be made against Mr George's accusers!
Sincerely Yours,
Craig Diver, (Dip.App.S.S.Open)
FORMER KERELAW RESIDENT!
Matt and his family have been overwhelmed by Craig's continuing support and contact over the years. Whatever the outcome, this will not be forgotten Craig, thank you.
Finally, mcbamm once again. This is brilliant - telling it as it REALLY, REALLY, WAS ... I wish I had worked at Kerelaw when you were there, you come over as a really genuine guy. I hope we will meet up one day soon (when Matt is finally vindicated):
"In Kerelaw we:
Got out of bed in the morning,
Had a wash/shower,
went and had breakfast,
went to classes during the day,
After dinner at about 5.30 we could do pretty much as we pleased, watch tv,play pool or even just go and sit in your room for a bit of peace and quiet.
At the weekends there was money available to the staff to take you swimming,the local magnum centrern or even just a drive in the van.There was also Kerelaws football team and we played against other List'd' schools.
Kerelaw was a bit of 'boot-camp' it installed a routine into you and you were in close quarters with young men your age and had to deal with that.
As an adult i cant imagine sharing a house with ten other guys would be easy.
The teachers at Kerelaw should have got blue peter badges just for turning up in the morning.
I wouldnt want to have done thier job, but i felt more at ease with all the teachers in Kerelaw than i ever did in my other schools,the classes were smaller and more relaxed, at the inquirey i told them that i would turn every school in the country into a Kerelaw, i got the feeling it didnt go down to well... "
(Sorry mcbamm, Frizzell not interested if no abuse to disclose!)
Let's hear from some other Kerelaw ex residents who have a different experience to relate, and who wish to support Matt at this time.
Will DK come forward? I know you have been in touch recently with Matt offering support and good wishes. Your comments mean a lot to Matt! Let the truth be told. Let's hear from you in this post!
That's all for now folks.
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anonymous
Unregistered User
Aug 3 10 22:05
Comment: 12836
TELLING IT, AS IT REALLY, REALLY WAS - (continued)
LENNYBHOY, another supporter of Matt, with a different story to tell:
"The best of luck to Matt and his family in attempting to put an evil wrong right to the Court Of Appeal. He's an innocent man along the way and will continue to be so from now until the end of Kingdom Come.
The whole thing has been a stitch up involving the powers of Glasgow City, Strathclyde Police and its press mouth piece, The Sunday Mail.
The agony of waiting will be torture at the moment for the George family, but at the end of the day I believe it will clear Mr George and other teachers and care workers who have accused of such slanderous and unfounded allegations, just for those accusers to make a quick financial buck. The same ones being those who I suspect haven't done a proper day's work in their entire lives and claim excessively off the Welfare State.
Just keeping Matt for all right minded and coherent people here in Largs support you 150% along the way and will continue to do so when you become an innocent man.
That day is one that we will fully rejoice."
“… it is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done."
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anonymous
Unregistered User
Aug 3 10 22:42
Comment: 12837
Interesting Daily Mail article (2nd August) on false memory:
The mythical memories: How a fifth of us fondly recall happy events... that never actually happened (By David Derbyshire)
Read more: http://www.dailymail.co.uk/sciencetech/article-1299530/The-mythical-memories-How-fifth-fondly-recall-happy-events--actually-happened.html#ixzz0va2MhBrb
This article goes on to say:
"In an astonishing study, psychologists discovered that one in five people vividly recalls incidents that they know did not take place.
The finding highlights once again the fallibility of memory - and explains why two people can have such different recollections of the same conversations and events."
Further:
'Autobiographical memory provides us with a sense of identity and it is usually accurate enough to help us negotiate our lives,' said researcher Giuliana Mazzoni.
'But as our study shows, not all that we remember about our past is true. Our research also shows that this phenomenon of non-believed memories is much more frequent than people had imagined.
'Crucially, if these memories are not challenged by some form of evidence, they would still be considered part of the individual's autobiographical experience.'
Of more serious concern:
"Developmental psychologist Jean Piaget vividly remembered being kidnapped in a park at the age of two, while out with his nurse.
He even had memories of the scratches on his nurse's face, caused by the attacker.
But 13 years later the nurse confessed-that she had fabricated the story. Even after Mr Piaget no longer believed he was kidnapped, he was unable to stop remembering the traumatic event. "
Is there a danger that ex Kerelaw pupils MW and CG had false memories implanted in their minds, even if I may be so bold as to venture to say, by police and social worker's interviewing them ... suggestive remarks can rekindle earlier childhood experiences?
The three honourable Law Lords offering an opinion in relation to compensation payments for abuse in relation to C.G. action, have commented as follows:
Para (6) ".... However as a result of the police investigation she was forced to confront the abuse. Psychologically she has felt worse since the police came to see her." ...
And in relation to pupil, M. W. -
" .... on leaving Kerelaw (in 1996) she had suffered no psychological or material physical injury. ... But the pursuer also avers that after she was contacted by the police in February 2005, she was "forced to confront the abuse" and that she has, since that date, suffered from various mental health problems ...".
Forcing a young adult to "confront abuse", nine years after the event, begs lots of questions about the methodology and practice of those conducting the interviews.
The Daily Mail article concludes:
"The work raised concerns about the way therapists 'recover' lost memories of child abuse in adults."
Read more: http://www.dailymail.co.uk/sciencetech/article-1299530/The-mythical-memories-How-fifth-fondly-recall-happy-events--actually-happened.html#ixzz0va764Sg5
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anonymous
Unregistered User
Aug 3 10 23:43
Comment: 12838
False Memory (Summarising the above) -
The more often you tell someone they have been abused, the more likely they are to "internalise" the thoughts being implanted, and to believe that this has actually happened to them.
It is important to confront and challenge such statements being made and "alleged" against innocent and caring adults (usually family carers or substitute "foster" carers or residential care staff or teachers).
Intereviewing and questioning of adults alleging abuse in their childhood requires scrutiny and study, and a change in practice. All such interviews should now be video-recorded, and kept as evidence, which may be required long after the statements have been taken and signed off. This is one way of ensuring mal-practice is minimised.
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anonymous
Unregistered User
Aug 7 10 13:12
Comment: 12884
MATT's APPEAL
Apart from the feminist movement and so-called many child abuse "experts", who says that those who allege they have been "abused" always tell the truth, and have no motive for lying?
Scottish Govt Guidance on this matter, even acknowledges this danger in a 2003 Report -
"566. In all of the settings where looked-after children live, their earlier experiences can lead them to interpreting care in diverse ways, including feeling that they have been singled out for 'criticism' or 'punishment' unfairly. Some will have used allegations in the past to escape from difficult situations. Some will feel guilt at being cared for away from their family and may want to blame the carer(s) that they know their parents have in some ways failed to do safely."
Quoted from:
http://www.scotland.gov.uk/Publications/2003/09/18265/27033
Extracts from the FACT web site (Falsely Accused - or "Abused" - Carers and Teachers), 2nd Aug NEWS provides the following information:
"Government wants your help to formulate policy;
Prime Minister confirms false allegations are a serious problem;
Bernadett Kore jailed for 18 months after admitting attempting to pervert the course of justice by making a false rape allegation;
Melissa Anne-Marie Carter jailed for two years after falsely accusing a police officer;
Leyla Ibrahim jailed for three years after she falsely claimed she had been raped by her friends;
Temitopay Adenugba sentenced to 18 months in prison after admitting lying about being raped to get a student deadline extended;
Danielle Robinson handed an eight month suspended prison sentence for texting lies to a fellow juror involved in a separate trial;
Judge blasts prosecutors after a false rape allegation should never have been brought to court"
I am bound to say that Matt's conviction and sentence falls into the category of "false allegations", with little or no critical examination or questioning of allegations being made. The dice at times seems to be loaded in favour of the alleged victim, and joint investigative interviews conducted by untrained and inexperienced police and social workers, whose only objective appears to be the single-minded pursuit of a prosecution, at whatever cost. Do the ends justify the means? I think not! Most definitely not!
The evidential basis for many prosecutions is often very poorly presented, and only after a process of Appeal, usually many, many years later, do we begin to appreciate the present weaknesses of our legal system, and in particular inappropriate use and abuse of the Moorov Doctrine.
The Faculty of Advocates has recently warned about the
"...disquiet among lawyers about the consequences of inadequate or poorly understood training in civil and criminal cases."
We all await the honourable Law Lords decision in response to Matt's Appeal with great interest ... and carry a high expectation of unqualified success, nothing less than complete vindication.
“… it is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done."
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