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Case Study
Investigation
Inquiry into sexual and physical abuse of male children at an orphanage and school in the 1970’s and 1980’s.
Police Reporting
- 6 accused reported
- 50 sexual crimes, committed against 22 victims. Also charges of physical abuse
Prosecution Strategy
Project Management Approach:
- Early liaison between police and prosecutor
- Early allocation of Crown Counsel
- Dedicated prosecution team formed including: Case preparer, Fiscal Officer, VIA officer, Crown Counsel
Investigation
Lines Of Investigation
Witness Statements/Productions:
Consideration of:
- 3 police reports
- 155 witness statements
- 240 productions
Additional victims:
Number of victims of sexual crimes rose to 31; 20 were older persons (over 60 years old)
Interviews:
All adult victims of sexual crimes in a potential High Court case are interviewed by prosecutors, here:
- A meeting took place with all 31 victims of sexual crimes
- 23 were interviewed by the case preparer (other witnesses did not engage or were medically unfit/dead)
Sensitive records:
- 27 sets of social work records recovered
- Medical and school records were obtained –some records held overseas were requested from foreign jurisdiction by International Letters of Request- a time –consuming process outwith the control of COPFS
Expert evidence:
Expert opinion was obtained on:
- Delayed and staged disclosure of victims
- Continuing association with accused
- Ability of some victims to give evidence
Evidential Considerations
- Identification of accused - given the passage of time – the accused were identified from school photos
- Applicability of Moorov doctrine – reviewed throughout the life of the case and reconsidered when any victim(s) disengaged
- Dates of charges – records were obtained to assist with pin pointing dates
Victims
Victim Strategy
- Meetings held with all 31 victims of sexual crimes
- Monthly contact made with 27 victims
Court Proceedings
- 129 witnesses on the indictment
- 67 given notice to attend for trial
- 4 victims were not traced/not co-operate – resulting in a number of charges being withdrawn by the prosecutor
- 19 Vulnerable Witness Notices lodged
- 1 Evidence on Commission arranged
- 29 witnesses gave evidence
- All victims were met by the trial prosecutor prior to giving evidence
- 10 victims attended for sentencing
- All victims offered a meeting with the prosecutor to discuss the outcome
Procedural History
| Accused | 1 | 2 | 3 | 4 | 5 | 6 |
|---|---|---|---|---|---|---|
| SPR | 30/04/14 02/05/14 |
30/04/14 01/05/14 |
30/04/14 | 30/04/14 | 30/04/14 | 30/04/14 |
| CFE | 09/07/14 | 09/07/14 | 03/07/14 | 03/07/14 | 03/07/14 | 03/07/14 |
| No of victims | 19 | 18 | 5 | 2 | 1 | 1 |
| Case reported to Crown Office | 03/03/15 | 03/03/15 | 03/03/15 | 03/03/15 | 03/03/15 | 03/03/15 |
| Service of Indictment | 31/03/15 | 31/03/15 | 31/03/15 | 31/03/15 | 31/03/15 | NFP |
| Charges on indictment [43] | 43 charges | 63 charges | 16 charges | 5 charges | 10 charges | |
| No of victims [44] | 28 | 38 | 13 | 5 | 10 | |
| PH | 20/05/15 | 20/05/15 | 20/05/15 | 20/05/15 | 20/05/15 | |
| CPH | 21/07/15 | 21/07/15 | 21/07/15 | 21/07/15 | 21/07/15 | |
| CPH | 16/09/15 | 16/09/15 | 16/09/15 | 16/09/15 | 16/09/15 | |
| Trial | 21/04/16 | 21/04/16 | 21/04/16 | 21/04/16 | 21/04/16 | |
| Charges considered by the Jury | 23 charges | 28 charges | APNG | NCA | NCA | |
| Verdict ( FG) | 3 charges | 6 charges | ||||
| No of victims [45] | 3 | 3 | ||||
| Sentencing | 5 years imprisonment | 10 years imprisonment |
SPR = Standard Police Report
CFE = Continued for Further Examination
PH = Preliminary Hearing
CPH = Continued Preliminary Hearing
FG = Found Guilty
NFP = No Further Proceedings
APNG = Accepted Plea of Not Guilty
NCA = No Case to Answer