Sexual Abuse Offences

Gary Streeter Excerpts

Monday 3rd December 2012 Commons Chamber

[Mr Gary Streeter (South West Devon) (Con)]

In February 2011, my constituent Margaret Felwick contacted the police to report a serious sexual abuse offence carried out on her by her brother, Mr Geoffrey Genge. The offence had taken place 50 years before, but Mrs Felwick had never felt able to bring the incident to light. On discovering that her sister and cousin had also been abused by Mr Genge, Mrs Felwick could be silent no longer. All three victims contacted the police.

The police handled the allegations with professionalism. They were sensitive in their approach, thorough in their investigation and also very reassuring. My constituents were concerned that it was too late to prosecute. The police assured them that it was not; although the incidents might have occurred 50 years before, there was strong evidence to support the case and an attempt to prosecute should be made.

The case was referred to the local Crown Prosecution Service. The CPS assessed the evidence and, in August 2011, notified Mrs Felwick that the prosecution would go ahead. The CPS believed that there was enough evidence for a realistic prospect of conviction. It believed it to be more likely than not that Mr Genge would be convicted. Mr Genge was summoned to attend a court hearing and charged with five offences of rape and sexual abuse between 1957 and 1961 relating to Mrs Felwick and her two relatives. He pleaded not guilty. The case was scheduled for trial on 27 March 2012.

Then, on 10 January, my constituents were told that the case against Mr Genge had been dropped. The announcement was made in a letter from the CPS that came out of the blue. There was no attempt to discuss the matter with the victims. From that moment onward, the handling of the case was a disaster. In explaining its decision, the CPS told Mrs Felwick that she had a strong case and described her as a respectable and believable witness. It even confirmed that the number of victims making a complaint against Mr Genge made the prospect of prosecution more likely.

However, there was a problem. The CPS had discovered that the defendant’s solicitor was preparing an abuse of process defence. He would argue that there were barriers to obtaining the evidence needed for a fair trial. He would say that too much time had passed since the abuses had occurred. The defence, he would argue, would not have a proper chance to put up the evidence they wanted to present.

The CPS then decided that, in view of the abuse of process defence, Mr Genge might well be acquitted. A casework lawyer wrote to my constituents explaining that

“it is not certain that this would happen and as I have said it is no reflection on your evidence. But it does mean that the Code for Crown Prosecutors requires me to stop the case rather than pressing for trial”.

Therefore, the police believed the victims and the CPS found them to be credible, but the case was stopped because of consideration for Mr Genge. No reference was made to the victims at all.

Why did the CPS give my constituents hope that the case would go ahead, charge the defendant, thus bringing the matter into the public domain, and then change its mind at the last minute? Abuse of process is not a novel concept; lawyers deal with these types of issues fairly regularly. If there was a problem with the evidence, and if the defendant’s application was likely to be successful, why did the CPS not think of that sooner?

The result of the decision was devastating. On 11 January, the much respected Plymouth Herald reported that Mr Genge had been wrongly accused of rape. It said that the prosecution had offered no evidence and so the case had been thrown out. The paper carried the comments of Mr Genge’s solicitor. He described my constituents’ evidence as “weak” and their charges as “odious”. He said that the case was

“a shocking waste of taxpayers’ money”

and claimed that the CPS had undermined

“the integrity of the criminal justice system”.

Naturally, my constituents felt like victims all over again. The CPS made no attempt to refute the outspoken and scandalous claims or to make it clear that the case was not stopped due to a lack of evidence. Not only had my constituents lost their chance for justice; now their reputations were being battered as well.

The upshot was as follows. My constituents were abused as girls by Mr Genge. They suppressed the damage and the injustice for 50 years. They discovered that others had suffered the same fate and so plucked up the courage to come forward. The police believed them. The CPS believed them. The case started. Proceedings were issued. Nothing changed except that the CPS discovered a law that it should have known about at the time proceedings were commenced, and the case was dropped. A local solicitor, whose rhetoric was truly disgraceful, was allowed to drag my constituents’ names through the mud. They came to me for help.

I set up a meeting with the deputy chief Crown prosecutor for the south-west to discuss the case. My constituents and the barrister who had advised the CPS not to proceed were also present. It was not an edifying experience. The barrister tried to talk us into submission. He clearly did not understand how much damage had been done to the reputation of my constituents, or their genuine distress. He gave the impression of complete indifference to their plight. I left the meeting very angry indeed. One of the claims that the barrister made was that the CPS wanted to protect the victims from the ordeal of a trial—but the victims were desperate for a trial. They wanted the hearing to take place so that the truth could come out after all these years. If the CPS had truly wanted to protect the victims, it would have pushed for justice. If justice could not be done, the CPS should have made a decision not to prosecute when it first considered the evidence.

This debate has come at a timely hour. Public interest in sexual abuse cases has been sparked by the shocking revelations about the late Jimmy Savile. For the first time, many victims have felt able to come forward and talk about the abuse they have suffered, and their stories have shocked people across the country. A full police investigation into abuse allegations is now under way. The police are being encouraged to follow the evidence where it leads them, and in recent weeks they have not been hesitant to arrest people in connection with allegations as and when they have arisen. Mr Freddie Starr was questioned about an incident relating to a young girl in the 1970s, Mr Wilfred De’Ath was questioned over allegations of abuse dating back to 1965, and Mr Dave Lee Travis was held over accusations of sexual assault relating to the late 1960s.

Of course it is right that these investigations take place. It is right that justice is done for victims whose lives have been damaged by abuse. However, if action can be taken in relation to offences by Jimmy Savile, who is dead, and if others are in the firing line about incidents relating to 30 or 40 years back, why can a prosecution not take place against Mr Genge? There is now a strong public interest in sexual abuse cases being investigated and prosecuted. The CPS must get its act together. It must make sure that prosecutions are dealt with in a sensitive, thorough and professional way. Every effort must be taken to ensure that justice is done.

The Felwick case is one of the worst I have come across in 20 years of doing this job, so let me ask the Solicitor-General some very specific questions. First, if abuse of process is a well known defence in cases of this kind, why did the CPS not consider it when it first decided to prosecute? Why was it suddenly so certain that the defence’s application for an abuse of process would be successful? Secondly, if prosecutions cannot be brought for cases which have occurred 30 years or more in the past, how can progress be made in investigating other historical offences? Thirdly, when the CPS decided to change its mind halfway through Mr Genge’s prosecution, why on earth did it not consult my constituents before the case was dropped? Finally, why did the CPS not do more to protect the reputation of my constituents? Why did it not make it clear that the prosecution was not stopped on the basis of weak evidence, as was claimed by the defendant’s solicitor, but because of a legal technicality and CPS timidity?

I have met Mrs Felwick many times. She is a gentle, reasonable and decent human being. I cannot think of a single motive she would have to raise this matter after all these years if it were not so that the truth could be told. Why would she want to put herself through the trauma of a trial if not for justice to be done? I have utter faith in Mrs Felwick and her relatives. I have absolutely no doubt that Mr Genge abused my constituents when they were children, and he is getting away scot-free. This is not British justice. I ask the Solicitor-General to review this case and the decision not to prosecute, and to ensure that justice is done.