"A paedophile who raped a ten-year-old girl will be free in just four months after a judge said his young victim had dressed provocatively. Window cleaner Keith Fenn, 24, could have been jailed for life after twice attacking the girl in a riverside park,"

screams The Daily Mail this morning.  Mr Fenn it transpires, had pleaded guilty to two counts of rape involving a ten year old girl.   His co defendant Darren Wright, who had encouraged the commission of the offences, received a prison sentence of nine months after pleaded guilty to inciting the girl to engage in sex acts.  Paedophile, rape and attack are very emotive words.  One can imagine that even at this moment some dark shadow in government will be moved to draw plans to impose obligatory life-sentences for anyone convicted of rape involving a child under the age of sixteen years.  No doubt a stiffening of the law in such a manner would please Dr Michele Elliott of Kidscape who is reported by The Daily Mail as saying,

 "This sentencing is beyond pathetic, it is utterly derisory. For the judge to say that the way she was dressed in any way excuses a 24-year-old man having sex with her is disgraceful and ridiculous."

The NSPCC is reported to have added its two-pennies' worth,

"There's no excuse for having sex with a ten-year-old, no matter how she dresses."

Even the most cursory examination of the facts related by The Daily Mail  (and better still the original Oxford Mail report) show why the Judge was entitled, indeed obliged by justice to impose a short, rather than long, term of imprisonment. The defendants thought that the girl was sixteen years old.  It appears that the Crown accepted that presumption as being not unreasonable.  Mr Fenn was guilty of rape because as a ten year old, the Law deems the young girl involved as not being able to consent to sexual activity, thus notwithstanding that her involvement was consensual and not forced (in the true sense of the word) upon her, it was illegal.  The defendants did not realise that they were committing criminal offences. Nevertheless, that illegality has resulted in the defendants being sentenced to terms of imprisonment.  Harsher sentences would have been unfair.  His Honour Judge Julian Hall did justice to the case.

Oxford Mail - Judge claims paedophile victim 'dressed provocatively' - George Gaynor

Judge's mercy for the man who raped 'provocatively dressed' girl of ten

It is self evident that in matters appertaining to law and order, the Government has tended to dance (or rather, knee jerk) to the tune of the media.  It is frequently overlooked however, that a more insidious influence upon Government has been exerted by favoured focus and pressure groups.  Using their privileged access to Government, these groups have been able to set agendas and outmanoeuvre opponents. Presented with cogent argument and evidence refuting the efficacy of following a particular course of action, the Government chooses its moment and then ploughs on regardless. The Government’s desire to amend the law so as to ensure rape convictions are more easily secured is a classic example. Today, Clare Dyer, legal editor of The Guardian reports,

“The government is to press ahead with plans to reform the rape laws in an attempt to increase the low conviction rate, despite strong opposition from the judges who will have to put them into effect.”

The new devices that are thought will be effective include,

“a power for expert witnesses to give general evidence, not about the specific case, but about how rape victims generally behave, to dispel “myths” that might affect the jury's reactions and an automatic right to use the alleged victim's videotaped interview with the police in place of her main evidence at the trial.”

It is all going to end in tears.  Judges and advocates will all be painfully aware of their duty to ensure that the defendant has a fair trial.  Accordingly the worst excesses of the reforms will be mitigated.  Juries will suspect (rightly) that the legal system is bending over backwards to ensure a conviction and will react accordingly.  Thus the conviction rate will continue to hover at the current rate (between 5% and 6%) and the whipping boys, the judges and barristers, will again be described as “ignorant” and “devious”, respectively.

What the “reformers” fail to understand, is that action and reaction are equal and opposite.  The more they weight the system against the defendant, the more likely it is that the jury will smell a fit up and throw the case out.  Pressure groups have a skewed view of the world and can be forgiven their myopia, but Government must be more rational and must legislate on principle and compelling evidence alone.

Ministers defy judges on rape law reforms

Lovesick lesbian cried rape to frame an innocent

She cried rape, he must be guilty, right?

Barristers oppose 'dangerous' plans to reform rape law

Professor Jennifer Temkin rides again: devious barristers and ignorant judges

Government to load dice even further against fair trial

More nonsense from this partial New Labour Government

Richard Brooks and Dipesh Gadher report today in The Sunday Times that an official report commissioned by the BBC will confirm that amongst other things the Corporation is partial in its treatment of single-issue politics such as climate change, poverty, race and religion.  The bias has extended across drama, comedy and entertainment, with the corporation pandering to politically motivated celebrities and trendy causes.

We have been here before, of course.  In January 2005 another report commissioned by the BBC came to the conclusion that the Corporation was unintentionally, but nevertheless too well disposed towards the European Union.  Another report commissioned for internal consumption alone (the “Balen Report”) is widely thought to have been critical of the BBC’s Middle East reporting, which is perceived in most quarters to be pro-Arab and unsympathetic towards Israel.

In the latest report it is acknowledged that,

“[there is] the danger of BBC programmes being undermined by the liberal culture of its staff, who need to challenge their own assumptions more,”

and,

“there is a tendency to ‘group think’ with too many staff inhabiting a shared space and comfort zone.”

So far, so good.  The real issue is that the BBC will not address the problem because it cannot.  Those people within the Corporation who should challenge the current “liberal” mindset do not have the critical mass to ensure that there is any real, significant change.  There are too few of them.  Their minority view is considered quaint, wrongheaded, dangerous or just downright bad and in consequence is ignored. The Sunday Times leader identifies the only course open to the BBC if it truly wishes to avoid being unnecessarily partial in its outlook.

“That the BBC should investigate itself is perhaps admirable, but only if it acts on the conclusions. The likelihood is that it will lament its shortcomings, pledge to do something and carry on much as before. Changing its cosy culture will take more than a report; some who have worked there say it would require a small neutron bomb. The BBC is a self-perpetuating liberal arts club. Recruitment is the key. It needs to employ more nonconformist journalists whose paper of choice is not The Guardian.”

So will the BBC now seek to spread its net wider when recruiting staff?  Don’t hold your breath.

BBC report damns its ‘culture of bias’

Bias at the Beeb - official

The BBC: Soft Left, anti-American (and very pro-European Union)

Nobody mention the "Labour" word

How many Divisions has the BBC?

BBC wins Balen report battle

The Editors – Both Sides

BBC news coverage of the European Union - Independent Panel Report

Whilst only serious conspiracy theorists would allege something sinister about the building housing Hazel Blears' campaign offices mysteriously collapsing a day or so ago, The Guardian helpfully putting another spanner in the works of her deputy leader campaign, is something else.

You might have heard that Ms Blears had accepted recently a £10,000 campaign donation from a company specialising in employment law and related services, namely Peninsula Business Services Ltd.  This company “helps companies fight employment tribunal claims” splutters The Guardian with barely concealed rage. This donation has infuriated Labour MPs, we are told.  Kevan Jones, Labour MP for Durham North is reported as saying,

“It is absolutely disgraceful that Hazel Blears has taken money from a firm that boasts it can cut compensation claims from workers. She should give the money back and not use it as part of her campaign”

and for good measure Tom Watson, Labour MP for West Bromwich East, took the view that,

“It is up to trade unionists voting in the election to make their own judgment on Hazel Blears' lack of judgment.”

Just for the record, let us remind ourselves that neither Kevan Jones nor Tom Watson can be considered supporters of Hazel Blears, so their righteous indignation is a little hollow.  It is also right to point out that Peninsula Business Services Ltd is not the heinous monster that its detractors make out.  One would assume that believing in fair play and justice, Labour supporters would see it as only reasonable that when faced with a claimant employee backed by a Trade Union with all its resources and ready access to legal advice, the employer should also be similarly represented.  It is a matter of equality of arms.

Ms Blears’ own riposte to the criticism says all that need to be said,

“Peninsula is a reputable company, providing advice on health & safety and good employment systems to small organisations, helping them stay on the right side of the law. They are a Salford-based firm, employing over 400 people in Salford, and 700 in total. Their donation to the Hazel Blears for Deputy campaign has been declared to the Electoral Commission in an open and transparent way, alongside other donations, including £12,000 from the shopworkers' union Usdaw.”

So why all the stirring, who is behind it and why?

Blears criticised over campaign backers

Is someone trying to de-rail Hazel Blears’ deputy leadership campaign?

Hazel Blears' campaign to be Deputy Leader gains momentum

Our senior politicians might reflect how their headline catching pronouncements are interpreted abroad, as today’s article in Pravda about paedophiles and chemical castration shows.  One cannot help but suspect that something has been lost in translation.

Having discussed the purported success of chemical castration in Europe and some states in the USA, the Pravda article then continues incongruously about male pattern baldness:

“[Physical] castration prevents male pattern baldness if it is done before hair is lost, however, castration will not restore hair growth after hair has already been lost due to male pattern baldness...[and it] eliminates the risk of testicular cancer, and it may even reduce prostate cancer”

…nevertheless I’m minded to persevere with scalp massage and drinking cranberry juice, thank you very much.

Paedophiles will be castrated for their crimes in Britain

Joshua Rozenberg, Legal Editor of The Daily Telegraph, reports today of the response to the comments of Miss Barbara Hewson, a barrister, in the Bar Council's magazine Counsel regarding guidance issued to judges earlier this year by the Judicial Studies Board, which accepted the possibility that female judges, magistrates or tribunal members might wear the niqab, or veil, in Court.  Miss Hewson professed concern that the guidelines contemplated veiled judges and were “astonishing and subversive”, adding “the United Kingdom is not a sharia state.”

Responding, Fatim Kurji argued that,

“As for veiled judges and the suggestion that the “United Kingdom is not a sharia state”, this is what I call “the BNP argument”. It implies a woman who wears a niqab comes at the erosion of British values. Such an astonishingly offensive remark undermines the long-enduring libertarian values.”

I have always considered the question of female advocates or judges wearing a veil in Court as a non-issue, largely because so few would avail themselves of the opportunity.  From a practical point of view, the wearing of a veil by one party potentially limits the degree of interaction that would otherwise take place between judge and advocate.  Being able to see someone’s face greatly assists communication.  In Court, the quality of communication is frequently decisive. The wearing of a veil in Court would certainly be a significant departure from previously accepted practise.

Where I take issue with Miss Kurji is that Miss Hewson is perfectly entitled to make the points she has and by doing so has not presented “the BNP argument.”  It is not acceptable that anyone who challenges the orthodoxy of a minority group is accused routinely of prejudice or worse, branded as a bigot.

BNP jibe at lawyer who opposed veiled judges

So, the BBC reports today that David Phythian, a Councillor of the West Lancashire District Council, has been prohibited from attending football matches for three years and fined £250 by the Wigan and Leigh Magistrates' Court after pleaded guilty to using racially aggravated threatening, abusive or insulting words or behaviour towards Tottenham Hotspurs' Pascal Chimbonda, a black footballer, during the Wigan v. Spurs match that took place in April 2007.  The local Labour group at the Council has now suspended Mr Phythian.

The BBC report contained most of the salient facts, but I could not help but notice that one additional fact, which I should have expected from a BBC report, had not been included in the title emblazoned, "Racist abuse councillor suspended".  Of course, the word Tory was missing.  Wigan Today, the newspaper that broke the story on 1st June 2007, was not so timid.  However, it transpires that the problem faced by the BBC was that Mr Phythian was a Labour, not Conservative politician. Only by reading the BBC's full report could we deduce that he was not a Conservative.  Most people would have gleaned all they wanted to know from the first few lines of the report and assumed the rest.

The BBC is often coy concerning the political affiliation of an individual involved in "minor, local difficulties", save when it is a Conservative.  In the matter of local issues, political affiliation is almost invariably irrelevant to the misdeed committed. As such it is not necessary to highlight or headline such a fact.  The BBC should exercise such restraint even-handedly when reporting "small town" misdeeds.

Racist abuse councillor suspended

Councillor gets football ban

Race-jibe councillor banned by Labour

Recently The Times reported that the Association of Chief Police Officers (ACPO) had created a team called Road Safety Support, to help the Police deal with the increasing number of drivers seeking to contest speeding tickets by citing “legal technicalities”. The legal technicalities included challenging whether a speed camera was properly calibrated, that speed signs were obscured or cameras had given false readings.  In many cases the Police have failed to secure convictions because they failed to comply with certain aspects of the law when enforcing speed limits.

It is curious that the Police find it exceptional that they must comply with the law when seeking to secure a conviction.  In this country, for centuries it has been incumbent upon prosecuting authorities to prove their case by presenting to the Court sufficient evidence of a defendant’s guilt.  Should radar equipment not be calibrated properly so that it records a speed of 33 mph for a vehicle travelling at 29 mph in a 30 mph limit, the driver is clearly not guilty of speeding.  Where a speed sign is obscured, natural justice requires that a driver unfamiliar with the area should not be prosecuted.

The setting up of this new unit is tantamount to the Police admitting that they were not exercising due diligence when presenting some of these cases to the Court and were failing to ensure that they possessed solid, reliable evidence.  It is nothing to do with “loopholes” and everything to do with competent evidence gathering and prosecution.

The Times - Speeding drivers with loophole lawyers

Tough on Liberty, tough on the causes of Liberty

According to Andrew Keen in his book The Cult of the Amateur, Web 2.0 is “killing our culture, assaulting our economy and destroying time-honoured codes of conduct” with amateurs creating an “endless digital forest of mediocrity: uninformed political commentary, unseemly home videos, embarrassingly amateurish music, unreadable poems, essays and novels.”  It is, “undermining truth, souring civic discourse, and belittling expertise, experience and talent.”  Wikipedia is identified as a particular villain, being riddled with “mistakes, half truths and misunderstandings” but yet being more popular than Britannica.com, thereby threatening the latter’s financial viability. What Wikipedia has done to reference books, bloggers will do to traditional news media, believes Mr Keen.

I believe Mr Keen is being alarmist, because ultimately, quality matters.  The laws of natural selection apply in the virtual, as well as the real world.  The very best survives and the rest fade away.  Britannica.com will live on because it is acknowledged as being authoritative whilst Wikipedia is not. The mainstream media cannot be seriously challenged by citizen bloggery and will remain ascendant because of its inherent professionalism and quality in depth.  Web logs are a passing fad and the current intense activity will pass leaving only a small number of the most committed.

Part of Mr Keen’s hypothesis relies also upon a premise that the average punter cannot differentiate between different sources of information with the result that the good will fall and the bad will prevail.  Yet we know that anything free is unlikely to be as good as something paid for.  Free, net-based sources of information are just a convenient, useful point of first reference before turning to, for example, the trusted newspaper, news magazine, or reference book.

Much on the net is trashy and ephemeral but the important point is that we all know it and when we don’t want monkeys, we avoid paying peanuts.

John-Paul Flintoff - The Sunday Times

David Smith - The Observer

Malaysia is a forward-looking, democratic country that abides by the rule of law.  It happens also to be a Muslim country.

According to the New Straits Times, at the High Court Registry in Shah Alam, the state capital of Selangor, on 14^th May 2007 a Hindu man, Mr V. Suresh, applied for a writ of habeas corpus seeking the release of his wife Siti Fatimah Abdul Karim (who I shall refer to, wrongly, as Mrs Suresh) from detention at the Baitul Aman Faith Rehabilitation Centre, where she had been sent by the Malacca Syariah High Court on 8^th January 2007.

Mr Suresh had married his wife according to Hindu rites on 10^th March 2004 at a Hindu temple in Malacca.  They lived together in Malacca and together had a daughter Diviya Dharshini, born on 19^th December 2005. The daughter was raised according to the Hindu religion.  By all accounts (and unsurprisingly) Mrs Suresh had professed the Hindu faith and had changed her name.  Following the marriage, she had attempted to formally change her name and religious status from Islam to Hindu and was advised by the Melaka Islamic Religious Department to make a formal application in this respect to the Malacca Syariah High Court.  The application was filed in late 2006 and the first hearing took place on 8^th January 2007.  Upon attending the hearing, Syariah Court officials detained Mrs Suresh and placed her in the Baitul Aman Faith Rehabilitation Centre.

You might think that my righteous indignation arises from the knowledge that this poor woman could be incarcerated simply for choosing to convert and practise the "wrong" religion. Whilst it is another example of how religious courts established to protect and advance the interests of their own faith cannot be trusted to apply justice without fear or favour, affection or ill will, in fact my ire is raised because in Malaysia, unlike the United Kingdom, its citizens still have an unrestricted right to apply for a writ of habeas corpus.