Sunday, 6 September 2009

BBC Radio Scotland Investigation Monday 7th

Tomorrow morning there is a radio programme on at 9 a.m. on Radio Scotland. This is the focus:

09:00–10:00 Morning Extra on BBC Radio Scotland
07/09/2009
Eamonn O'Neill asks why Scotland has so few successful rape prosecutions.


I was asked to take part in this programme a few weeks ago and we recorded at the Rape Crisis Centre in Dumfries a couple of weeks ago. It was a hard interview to do. One of the hardest I've done for a while. Eamonn, being an investigative journalist, asked some very intensive questions. After two hours I came out exhausted and was re-shaken and stirred by many horrible memories. I think it was hard for the producer too, who was superb as she recorded the conversation between Eamonn and myself.

So why do this? I do these things to try and bring the problem of the abysmally low rape conviction rate to the attention of the wider public. Along with the other people who have been interviewed for this programme I hope it can only do good. The current rate for rape prosecutions is around 2.9% in Scotland. I feel that unless people like myself, who have been through the system of criminal investigations and court, speak up then things will never change for the better and the conviction rates are likely to remain horribly low. That means more victims are left without any sense of justice and that more rapists go free. That is they go free to potentially rape again.

I don't know how the format will pan out on the programme tomorrow, but I will be listening to find out what happens and how listeners respond.

Tuesday, 18 August 2009

The decision of the Sheriff

I was rather weary when I came home today but a wet day suddenly brightened when I opened a series of emails in my inbox from members of the press.

The written decision of the Sheriff who presided over the case in which serial rapist Adam Carruthers had taken against Dumfries and Galloway Council, his previous employers, was made public today. This decision is the result of the three day debate held at Dumfries Sheriff Court in June.

So the decision ......Carruthers bid to have the right to his full police pension re-instated has been denied. This is the most sensible piece of news that could come out of the case where income tax and council tax payers money footed Carruthers' legal aid bill for his attempt to get his full police pension re-instated.

Had Carruthers been successful in this ridiculous quest it would have given the potential for any employee who had committed rape (or any other serious criminal offences) through the course of their employment able to claim and receive their full pension - thus making rape a pensionable occupation.

I'm sure I don't have to spell out how dreadful such a decision would have been and what message it would give out to the perpetrators of such heinous crimes as well as to their victims.

Of course, after the last 12 years of Carruthers many legal appeals and actions I will not be surprised if he appeals this decision if he can. Time will tell.

To all of the wonderful people who stood outside Dumfries Sheriff Court and protested against this action of a devious serial sex offender, to those of you who wrote letters, contacted MSP's, ministers, councillors and other relevant people and supported a campaign for common sense and justice please accept a MASSIVE THANK YOU from me for your efforts. I'm only one of the rape victims of rape cop Adam Carruthers but I'm sure other victims and their friends and families are also grateful to you for your work with the campaign. Thank you!

Saturday, 11 July 2009

After the debate?

A three day debate was held at Dumfries Sheriff Court at the end of June. Many decent people stood outside the court outraged by the actions of a convicted serial rapist ex-police inspector who's trying to regain his full police pension. The sob story he's used about his two sons ...well the boys are victims too - both now 'grown up,' as in over the age of 18. These lads are victims of the behaviour and criminal activities of their father. Adam Carruthers chose to do this to them too.

I had always thought that the job of the police was to prevent crime and to protect the public. Carruthers did exactly the opposite - he committed crimes and hurt a goodly number of women whilst he was on duty as a police officer. L&B Police traced 38 victims in their inquiries.

Carruthers arguments are beyond me - violation of his human rights? His actions were entirely his own choice. He will not accept responsibility for his own actions like any decent human being does. In this case I feel that the ECHR could not apply to Carruthers. After all, did he consider the human rights of all of his victims and the effect of his actions on them? Many of his victims will not have a pension due to his atrocious behaviour. Sadly some of them have committed suicide.

A decision on this case will be made by the Sheriff in the autumn, but I have been warned that whoever loses is very likely to take this to the Court of Session in Edinburgh. If this all goes against Carruthers, I am told he is likely to take it to the European Court of Human Rights if his generous amount of legal aid so far granted still allows.

So after the debate ......we all continue to wait. Nothing new there then for all the victims, their families and those decent people who are funding his case through the use of legal aid.

Thursday, 11 June 2009

Pension hearing starts Tuesday 16th June

Many of you have emailed me to ask for a date the pension hearing case. A journalist had told me it was to start next Thursday, but looking at the Scottish Courts Lists for Dumfries, the hearing of
Adam Carruthers vs Dumfries and Galloway Council
over his right to a full police pension , is scheduled to start on Tuesday 16th June at 10 a.m. at Dumfries Sheriff Court, Buccleuch Street, Dumfries. His claim is in spite of the fact that he raped and sexually assaulted women whilst on duty as a senior police officer.

The court lists show that three days have been set aside for this hearing. Three days! I know, I can imagine what many of you are thinking and it's probably not much different to my own thoughts. At this stage, Carruthers still has almost three years of his prison sentence left to serve, even though he is currently serving it at home in his local community with conditions attached following his release last September.

This hearing is at the expense of the tax payer, income and council tax as it's funded by Legal Aid and the local council have to fight the case using our council tax payments. I'm certainly not happy about that especially as I haven't even got a pension to look forward to.

I won't be at the hearing as the terms of Carruthers licence would make that impossible and, to be honest, I have no desire to see that 'man' ever again should he have the brass neck to appear in person. No doubt I'll hear on the news the outcome of the case ...whenever it comes and be able to update you on the blog. After all that's happened with various stages of the Carruthers case I won't be holding my breath with the outcome of this one.

If Carruthers wins, as I've already alluded to, I believe it would be give his many other victims the opportunity to take him to court through the civil court. 'Proof beyond all reasonable doubt' is not required in a civil case as it was for the criminal case held at Glasgow High Court in May 2001. All of you who have suffered at the hands of Carruthers might like to bear this in mind. He is already a convicted rapist and serial sex offender.

The big question will be ....is rape a pensionable occupation?

Wednesday, 25 March 2009

A full pension hearing date

After an incredible four preliminary hearings, at heaven knows what expense to the public purse taken from council tax and income tax payers, a date has finally been set for a full pension hearing for rapist, ex-cop Adam Carruthers. Will we finally discover if rape is a pensionable occupation? Are police officers who have turned bad going to be pensioned in spite of such heinous crimes? What will that say about our society?

Many thanks to the journalists who were kind enough to get in touch and give me the date for the full hearing.

The date has been set as 18th June 2009, but one kind journalist has said that there is a chance it could happen the week before on the 11th June. The only way to find out is to log onto the Scottish Courts website and they only post up hearing 5 days beforehand. As 11th is a Thursday, it might only become public on the Monday before? That's the justice system for you. The rape trial in 2001 finally ran at it's fifth and last possible date before it became 'time barred.'

I'm not sure how civil cases work in the courts with regards to dates and if they are as unreliable on time as the criminal cases often are. I remember in 2001 being sickened at being all geared up to give evidence at the High Court only to hear that the trial had been postponed. Four postponements was not the way to treat victims of such serious crimes who all had psychological injuries as a result of the actions of Carruthers.

So come the full pension hearing I know there is a lot of support out there and there are many of you who have been in touch who wish to hold another quiet, dignified protest at the court in Dumfries when the hearing is on. This is possibly your date ....or do I mean dates?

The journalists tell me that the hearing is likely to take three days. Three days?!!! How long does it take to say that crimes of rape and sexual assault committed by a police officer on duty is not in the job description of "Protecting the public and preventing crime?" In my probable naivety I would have thought that is the crux of this case. It seems to me that three days is a long time to argue out if Carruthers can or cannot have his full police pension (gained at public expense through legal aid) yet he quite obviously committed very serious crimes and didn't protect the public at times when he was employed as a senior police officer by Dumfries and Galloway Constabulary.

So is rape a pensionable occupation? We'll find out in a few months time.
June will reveal how this goes ....or will it?! I'm so cynical after my experience of years of the justice and court system and the antics of serial sex offender Adam Carruthers. I'm sure all of his victims will find it a difficult time when the case comes to court again. He won't care about that.

However, if he wins, I wonder if he'll mind if his many victims sue him? The ones who were denied justice especially have every right to do that and if he should win then he will obviously have an income at the very least - even if it's not actually in his pocket until his retirement date. A civil case does not require the same level of absolute proof that a criminal case does - it does not have to be beyond all reasonable doubt in the civil court.

Now there's an interesting scenario!

Tuesday, 3 March 2009

Solidarity

Apologies for no posts on the blog for a while. We've had a very significant birthday to celebrate in the family. I hope we will continue to do so at various times during the rest of the year. That takes priority when it's somebody who is so special.
More recently I've had a bad whack of asthma and am coping with that annoying problem. Two rounds of 'stair rods,' steroids in normal speak, and I'm still fighting the wheezes in spite of all that's being thrown at my lungs. Inhalers and nebuliser are all in full flow - more than my lungs are!

Thanks to Dr Elaine Murray MSP for the motion in the Scottish Parliament on the issue of pensions for convicted offenders, pursued at public expense, who committed offences through their work. I hope this will lead to something positive and change in the future. I know this is a long haul and nothing will happen overnight, but the issue of legal aid for a convicted rapist to fight for a pension when he raped whilst on duty is something that must be followed up until a sensible solution is found. I still can't believe that is has been at the expense of the public purse.

A very firm positive hand of solidarity to Ann Robertson ,43, who was a witness in the recent Grangemouth rape case, held at the High Court, Edinburgh, with two other victims of sexual assault. Ann, a particularly unfortunate rape witness in this court case was ordered to be held in custody overnight by Judge Roger Craik. Why? She broke down in the witness box whilst giving evidence and was so upset she tried to leave. Judge Craik thought this was sufficient reason to lock her up for contempt of court. Ultimately Ann's attacker was found guilty of abusing two other girls at this trial but Ann's rape case was dropped as a result of the trauma she suffered in court giving evidence.

I found that giving evidence at a rape trial was an extremely harrowing experience. I still can't decide if it was worse than the event itself or on a par with it. Talking over horrific details of a very intimate personal assault in front of a lot of strangers is not something that any normal person could be happy with. It is horribly difficult. Like many victims of rape, there are those of us who suffer from varying degrees of PTSD as a result of the offence(s.) Reliving the experience is extremely traumatic and it flipped my PTSD symptoms to extremes before, during and after the trial. I didn't do well in court, I felt a wreck, I had to be excused by the judge at times and drank gallons of water and it seemed like I cried equal amounts in tears and used masses of paper hankies.

Ann, if you read this blog, I really feel for you. It's beyond belief for you to have been treated in this way. Very well done for managing to speak out about the horrific and, I feel, utterly inhuman treatment that you received. You are stronger than you might think and I take my hat off to you for speaking out and for asking for changes as a result of what Judge Craik did to you. In my mind Judge Craik has put the work of rape crisis centres and victim support workers back many years. The statistics comparing reported rapes to convictions is dire enough as it is. Judge Craik has undoubtedly made it a more difficult decision for any future victim to feel able to come forward and to hope to be treated reasonably and with respect.

As for the ongoing disgraced ex-cop Carruthers pension claim against Dumfries and Galloway Council - there was a third preliminary hearing at Dumfries Sheriff Court last Thursday. I do not have an outcome for this latest hearing. I phoned the court to find out and was told that the information could not be released to me. That said, the following night on Lookaround the presenters said a date had been set for the full hearing but they didn't say what it was. So I don't have that date as yet. As we know, victims and council tax payers who are helping to defend this deplorable action taken by serial sex offender Carruthers are being treated badly yet again. People don't seem to count. Heaven forbid he wins, we will have to pay again through our council tax. Double whammy.

Anybody who does have a date for the full hearing, do please leave a comment on the blog and I'll chase it up and then let you all know what the supporters wishing to see a fair deal plan to do next to highlight this atrocious claim funded by public money through Legal Aid.