Is Greville Janner faking dementia to avoid child rape prosecution? (audio)

Director of Public Prosecutions, Alison Saunders, knew that her decision not to prosecute Greville Janner on multiple counts of child rape would be controversial, but even she must have been surprised at the tsunami of outrage that followed her 16 April announcement.

Undoubtedly Saunders recognised that questions would be raised about the independence and competence of the expert opinions upon which she was relying so heavily to support her decision and that she was inviting allegations of a cover-up by the DPP on behalf of the Establishment. Presumably, it was these concerns that led to the publication of an unusually detailed CPS press release explaining her reasoning.

What happened to the brain scan?

On the face of it, given the evidence presented by the four medical experts (two appointed by the defence and two by the DPP), as a matter of law and CPS protocol, it is difficult to see how Saunders could have justifiably reached a different conclusion on the criminal prosecution. Even so, questions remain about the possibility that Janner has been faking or exaggerating his symptoms of dementia.

The reasons for such doubts are well founded. Faking the symptoms of Alzheimer’s is difficult but not impossible as we have seen in the infamous cases of Ernest Saunders and general Pinochet. Janner, in his crusade to prosecute anyone accused of Nazi war crimes, has undertaken extensive research of the methodologies used by defendants to justify fraudulent claims of dementia so would be well placed to use those tactics to save his own skin.

The press release that accompanied the CPS Janner announcement (and Saunders’ subsequent media appearances) failed to make reference to any brain scans having played a part in Janner’s Alzheimer’s diagnosis. In cases of deteriorating conditions affecting the brain, it is usual for the patient to undergo regular scans to aid diagnosis and to assess the impact of the physical decay that is usually present in advanced or severe cases.

Source: alzheimers.org.uk

In the CPS’s own words, Janner is suffering from a “degenerative dementia which is rapidly becoming more severe” and therefore should have been scanned several times, at least once as a result of their inquiries and by the consultants he has seen in the years since he was diagnosed in 2009. Whether or not Janner gave permission for the CPS appointed experts to get access to his medical records is not known.

Audio © BBC

Selective memory?

Since being diagnosed with a debilitating mental illness, Janner continued to attend the House of Lords until October 2014. He made several speeches in the course of 634 appearances, voted 203 times and claimed over £100,000 in ‘allowances’ along the way. It doesn’t take the deductive powers of Sherlock Holmes to posit a link between the renewed police investigation last autumn and the suspicion that the personally signed request for a “leave of absence” (note that he did not resign) on 9 April this year was a part of a scheme to support his potential defence case.

Saunders’ public pronouncements on the Janner case have not revealed whether she or the medical experts considered the variance between Janner’s claims of dementia and his recorded behaviour in attending parliament but any complete analysis would, in my view, require the inclusion of these facts.

Facts matter

Notwithstanding concerns about the medical evidence, or lack thereof, it is unclear why Saunders was so quick to discount a fitness to plead process involving a trial of the facts on the grounds that it would not be in the “public interest”.

In a “trial of facts”, the jury is asked to decide – on the basis of evidence adduced by prosecution lawyers and by lawyers who put the case for the defence – whether or not the accused did the acts he or she was charged with.

Because the defendant cannot put forward a defence, there can be no verdict of guilty and the court cannot pass sentence. All the court can do is to make a hospital order, a supervision order or an order for the defendant’s absolute discharge – where a finding of guilt is made but no conviction is registered and no order given.

Such a trial recently took place in the case of the former Luton South MP Margaret Moran, who was accused of falsely claiming more than £53,000 in parliamentary expenses. She was given a two-year supervision order.

In Lord Janner’s case, the process would involve the alleged victims giving evidence.

A trial of the facts would most likely be strenuously opposed by Janner’s legal team, who would argue that it was an abuse of the court process to subject him to any sort of trial after adverse publicity.

The Guardian 29 June 2015

Few stories have made the headlines more often or garnered more public outrage over the last two years than accusations of VIP child rape and an Establishment sponsored cover-up. Additionally, in the CPS press release, the DPP made it clear that she accepts that child abuse survivors “wish to tell their stories publicly” and that “..but for medical considerations, it would undoubtedly have been in the public interest to prosecute [Janner]”, so Saunders’ reasoning simply does not hold water. Indeed, her excuses have, if anything, merely fuelled the cover-up suspicions.

Every case should be considered on its own merits, but so far we have had no explanation about why Saunders ignored the fact that 19 men with dementia have been convicted of child sex offences since 2010, including 10 in the past year, with Saunders’ approval. Nor has she given a convincing rationale for her decision to ignore the advice of two QC’s who told her to charge Janner because of overwhelming evidence and accounts of victims.

Fortunately, Saunders’ decision was overturned by the recently established “victims’ right to review” appeal procedure. A third independent QC, appointed to undertake the review, examined the facts behind the DPP’s decision and, as a result, Janner is due to appear at Westminster magistrates court this Friday to face 22 charges of sexual abuse against children. Nevertheless, it is far from certain that he will be referred to the Crown court where any criminal case or trial of the facts would be required to take place.

“It is about being believed” (alleged victim of Greville Janner)

The survivors are entitled to a judicial airing of the evidence against Janner and that is the only outcome that is in the public interest and the interest of justice.

*****

If you are affected by child sexual abuse help is available:

If you are worried about someone’s behaviour towards a child, you must take action.

Contact your local police
Contact your local Children’s Social Services
Make a report online to the Child Exploitation and Online Protection (CEOP) Centre
Contact the Stop it Now! Helpline
Contact the NSPCC Helpline

Local Police
If a child is in immediate danger, call 999. If not, all police forces have other ways in which you can get in touch, including a non-emergency phone number which you will find in a telephone directory or online.

CEOP Centre
The CEOP centre is the UK’s national police agency set up to tackle child sexual abuse. If you are worried about someone’s inappropriate behaviour towards a child, online or offline, you can report this at www.ceop.police.uk.

Stop it Now! Helpline 0808 1000 900
Confidential helpline for adults worried about their own sexual thoughts or behaviour or the behaviour of others towards children . Also for parents and carers worried about the sexual behaviour of their children. Helpline 9am-9pm Monday-Thursday and 9am-5pm Friday. help@stopitnow.org.uk, www.stopitnow.org.uk.

NSPCC Helpline 0808 800 5000
You can call their child protection helpline or contact them via email at help@nspcc.org.uk

Sexual Abuse Survivor Services:

Mosac 0800 980 1958
MOSAC (Mothers of Sexually Abused Children) supports all non-abusing parents and carers whose children have been sexually abused. They provide advocacy, advice and information, befriending, counselling, play therapy and support groups following alleged child sexual abuse. www.mosac.org.uk

NAPAC 0808 801 0331
NAPAC (National Association for People Abused in Childhood). Support and information for people abused in childhood. support@napac.org.uk Open 10am till 9pm Monday to Thursday, 10am till 6pm on Friday. They cannot take messages or call you back.

SURVIVORS UK 0845 1221201
Survivors UK provides information, support and counselling for men who have been raped or sexually abused. www.survivorsuk.org/ 7pm-9.30pm Monday and Tuesday and 12pm-2.30pm on Thursdays.

These organisations are able to assist those looking for help, support or information.

Implementing a family safety plan can help to prevent abuse from happening. More information on this is available here.

Information adapted from Stop it Now! UK and Ireland

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August 10, 2015 at 20:55

Reblogged this on Britain Isn't Eating.

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