Jersey child abuse investigation 2008
Encyclopedia
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
. It started in the spring of 2007. Formerly, a social worker, Simon Bellwood had made a complaint about a "'Dickensian' system" where children as young as 11 were routinely locked up for 24 hours or more in solitary confinement in a secure unit where he worked. The wider investigation into child abuse over several decades became public in November that year. It received international attention when police moved into Haut de la Garenne
Haut de la Garenne
The Jersey Accommodation and Activity Centre is a building in Saint Martin, Jersey, in the Channel Islands. It was formerly known as the Industrial School, the Jersey Home for Boys, and Haut de la Garenne. Its previous uses have included being an industrial school, a children's home, a military...
, then being used as a youth hostel.
Investigation
A wide-ranging government investigation into child abuseChild abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
had begun in 2006, and escalated into a States of Jersey Police
States of Jersey Police
The States of Jersey Police is the professional police service of Jersey. It was established in its current form by the Police Force Law, 1974 and consists of around 240 officers....
investigation in 2007 during which witness evidence repeatedly indicated Haut de la Garenne, which housed up to 60 children at any one time, to be one of the places where abuse took place.
There was widespread media coverage as forensic teams conducted searches in the building between the end of February 2008 and July 2008.
An initial finding of a fragment of what was believed to be a child's skull was widely publicised, but forensic tests later confirmed that the finding was irrelevant. It later transpired that the forensic team had informed the police prior to the announcement of the discovery of supposed human remains that the item might predate the inquiry timeframe, being from infill from a graveyard or of prehistoric origin. In February 2009 States of Jersey Police sent the fragment to Kew Gardens in the UK for testing. In May 2009 the Kew experts stated that the fragment was a piece of endocarp of Cocos nucifera, thereby confirming that the fragment was a piece of coconut.
By the end of the excavations and investigations at Haut de la Garenne in July 2008, police had sifted over 150 tonnes of earth. 65 human milk teeth were found, coming from between 10 to 65 individuals aged between 6–12 years and generally seeming to have been shed naturally. Discounting a large quantity of animal bones, only three bone fragments (the largest 25 mm = 1 inch long) were identified as possibly human; two of them have been dated to a range from 1470 to 1650 and the other 1650 to 1950.
In September 2008, Detective Superintendent Mick Gradwell of Lancashire Police took over as Senior Investigating Officer in the abuse enquiry. In August 2008 David Warcup, Deputy Chief Constable of Northumbria Police
Northumbria Police
Northumbria Police is the territorial police force responsible for policing the areas of Northumberland and Tyne and Wear in North East England. The service is the sixth largest police force in England and Wales. The current Chief Constable is Sue Sim who was appointed by Northumbria Police...
, took over as Deputy Chief Officer of the States of Jersey Police. The new team launched a review of the investigation to date.
In November 2008, the Deputy Chief Officer, David Warcup, expressed "much regret" that misleading information had been released throughout the conduct of the enquiry, although this has been bitterly contested. Warcup stated that there was "no evidence" of any child murders at Haut de la Garenne, although the Sunday Times and other media have pointed out that the original investigation had also made this point, nor was there any indication that bodies may have been destroyed at the property. He said that initial reports of blood spots, secret underground chambers, mysterious pits, and metal restraint shackle
Shackle
A shackle, also known as a gyve, is a U-shaped piece of metal secured with a clevis pin or bolt across the opening, or a hinged metal loop secured with a quick-release locking pin mechanism...
s, were all innocuous or misidentified.
Charges
Jersey Police have so far recorded claims of abuse from 100 people. The police investigated 18 key suspects in the wider investigation, but the Attorney General stated in 2009 that a significant number of these complaints were unsuitable for the criminal courts, including "being made to take cold showers, being clipped around the ear, slapped about the head and flicked with a wet towel". ArrestArrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
s and charge
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
s have been made and as of August 2009 the investigation continues. However the police have stated that there will not be the number of prosecutions which were originally reported, and Detective Superintendent Gradwell stated in August 2009 that the problems with the handling of the inquiry before he took over had "generated a very high level of expectation among complainants and the public" that "a large number of people would be prosecuted". Out of six files received by the prosecution lawyers in August 2008, charges were laid in respect of three of them and it was concluded by June 2009 that no charges would be brought in respect of the remaining three for "legal and evidential reasons" as explained by the Attorney General. Detective Superintendent Gradwell stated in August 2009 that all the police officers from the UK working with the States police had agreed with decisions made by the Attorney General, lawyers and the independent legal team about cases submitted for prosecution, but that "a few more people are likely to be charged". On 27 February 2010 a married couple from Scotland were charged with a number of common assault
Common assault
Common assault was an offence under the common law of England, and has been held now to be a statutory offence in England and Wales. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. It was thought to include battery...
s on children while they were working at Haut de la Garenne in the 1970s and 1980s.
Trials
In May 2009, Michael Aubin, then 46, admitted in the Royal Court of Jersey to two counts of gross indecency and two counts of indecent assault (while he was a child resident of Haut de la Garenne) on children under 10-years-old. He was sentenced on 22 June 2009 to two years' probation (having spent 19 months on remandDetention of suspects
The detention of suspects is the process of keeping a person who has been arrested in a police-cell, remand prison or other detention centre before trial or sentencing. One criticism of pretrial detention is that eventual acquittal can be a somewhat hollow victory, in that there is no way to...
). The trial was presided by Royal Court Commissioner Julian Clyde-Smith.
In August 2009, Gordon Claude Wateridge, then 78 was found guilty of eight counts of indecent assault and one count of assault but acquitted on 11 counts of indecent assault and one count of incitement to indecent assault, all relating to his time as a house parent at Haut de la Garenne in the 1970s. Royal Court Commissioner Sir Christopher Pitchers, presiding, warned Wateridge to expect a custodial sentence for such a "breach of trust". On 21 September Wateridge was sentenced to 2 years imprisonment by the Inferior Number of the Royal Court.
In August 2009, Claude Donnelly, then 69, was sentenced by the Superior Number of Royal Court to a total of 15 years in prison after two trials in May 2009 and June 2009 for offences against young girls dating to between 1968 and 1982. These offences were unconnected to Haut de la Garenne. He was convicted in May 2009 on one count of rape and three counts of indecent assault and in June 2009 on ten counts of indecent assault, four counts of rape and one count of procuring an act of gross indecency. Royal Court Commissioner Sir Christopher Pitchers, presiding, said that the abuse had had a terrible effect on Donnelly's victims, and that the substantial period of imprisonment recommended by the Attorney General was correct.
Criticisms of the investigation
There have been criticisms of the original investigation at Haut de la Garenne, both in Jersey and elsewhere.The former minister for health and social services, Senator Stuart Syvret
Stuart Syvret
Stuart Syvret is a political activist in Jersey. He held elected office as a member of the States of Jersey assembly from 1990 to 2010. From 1999 to 2007, Svyret had executive responsibilities first as President of the Health and Social Services Committee and, after the 2005 constitutional reforms,...
, said that he had been made aware in early 2007 of abuse at the home and had called for an independent enquiry. Frank Walker
Frank Walker (Jersey politician)
Frank Harrison Walker OBE was the first Chief Minister of Jersey, 2005-2008.-Career outside politics:In 1973 Walker became managing director of the Jersey Evening Post . He later took over chairmanship of the Guiton Group, owners of both the Jersey Evening Post and Guernsey Evening Press...
, the Chief Minister
Chief Minister of Jersey
The Chief Minister of Jersey is the head of government of Jersey. The head of government is not directly elected by the people but rather by the legislature ....
, accused him of damaging Jersey's reputation by speaking to the media, but stated that he had "every confidence that the criminal investigations and any subsequent prosecutions will be, and will be seen to be, thorough and pursued with the utmost rigour and professionalism" and that "there is no hiding place in Jersey for anyone who abused children or, who in any way may have colluded with that abuse and no stone will be left unturned to bring them to justice."
It was suggested that some finds may actually be props from the TV series Bergerac
Bergerac (TV series)
Bergerac was a British television show set on Jersey. Produced by the BBC in association with the Seven Network, and screened on BBC1, it starred John Nettles as the title character Detective Sergeant Jim Bergerac, a detective in "Le Bureau des Étrangers" Bergerac was a British television show...
.
The Attorney General, who has the responsibility for prosecutions, stated that "justice should be done" in spite of delays in the investigation. United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
John Hemming
John Hemming (politician)
John Alexander Melvin Hemming is a British politician, the Member of Parliament for Birmingham Yardley and Group Chair of the Liberal Democrats on the city council of Birmingham, England....
said that he thought that there was no doubt that there were efforts to cover up
Cover Up
Cover Up is an American action/adventure television series that aired for one season on CBS from September 22, 1984 to April 6, 1985. Created by Glen A. Larson, the series stars Jennifer O'Neill, Jon-Erik Hexum, Antony Hamilton, and Richard Anderson....
. He and Senator Syvret sought permission to apply for a judicial review of UK Justice Secretary Jack Straw
Jack Straw
Jack Straw , British politician.Jack Straw may also refer to:* Jack Straw , English* "Jack Straw" , 1971 song by the Grateful Dead* Jack Straw by W...
's decision not to intervene over the prosecution of historic child abuse cases. They called for UK government intervention and assurance that cases were heard outside Jersey, on the grounds that Jersey's legal system could not guarantee a fair trial of an inquiry of this scale. At a hearing before the High Court in London in March 2009, the application for judicial review was dismissed.
Criticism intensified after the November 2008 withdrawal by police of claims of evidence with the investigation being described variously as "farcical" and a "shambles". It was suggested that those leading the enquiry had leaped too readily to conclusions. The reliance on indications given by the same sniffer dogs criticised in connection with the disappearance of Madeleine McCann
Disappearance of Madeleine McCann
Madeleine McCann disappeared on the evening of Thursday, 3 May 2007. She was on holiday with her parents and twin siblings in the Algarve region of Portugal. The British girl went missing from an apartment, in the central area of the resort of Praia da Luz, a few days before her fourth...
was also questioned.
The Chief Officer of the States of Jersey Police, Graham Power, was suspended in November 2008 pending an inquiry into his handling of the case, in particular into his release of preliminary findings to the press.
Defence advocates for Aubin, Wateridge and Donnelly argued in pre-trial proceedings that inaccurate and sensational publicity surrounding the inquiry would seriously adversely affect the cases against their clients, and that there had been political pressure to bring charges. Royal Court Commissioner Sir Christopher Pitchers (a retired High Court of England and Wales judge appointed to preside over the trials of Wateridge and Donnelly) rejected the defence applications to halt proceedings and permitted the prosecutions to continue, despite what he described as the way in which the senior investigating officer "whipped up a frenzied interest in the inquiry", as he believed that the November 2008 statements by States of Jersey Police that there had been no child murders had done much to mitigate the effects of earlier publicity.
Detective Superintendent Gradwell retired in August 2009 at the end of his contract and returned to the UK. On retiring, he described the investigation prior to the time he took over as a "poorly managed mess" and, in particular, the decision to excavate at Haut de la Garenne as being without justification and as "a complete and total waste of public money, time and effort". Meanwhile, Lenny Harper published a point-by-point counterblast to these claims.
See also
- AbuseAbuseAbuse is the improper usage or treatment for a bad purpose, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices; wrongful practice or custom; offense; crime, or otherwise...
- Child abuseChild abuseChild abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
- Child sexual abuseChild sexual abuseChild sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities , indecent exposure with intent to gratify their own sexual desires or to...
- Institutional abuseInstitutional abuseInstitutional abuse can typically occur in a care home, nursing home, acute hospital or in-patient setting and can be any of the following:Institutional abuse also refers to child abuse in institutions where children were placed for their education, welfare, rehabilitation, or even protection...
- Sexual abuseSexual abuseSexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
- Sexual misconductSexual misconductSexual misconduct is misconduct of a sexual nature. The term may be used to condemn an act, but in some jurisdictions it has also a legal meaning....