Monday Message 29.07.13

 

1.       Do Right Fear No One; Chairman’s Comment.
2.       G4S go to new lengths to appal.
3.       Is anything safe in Grayling’s hands? Our Courts go under the hammer?
4.       Our Democracy on a knife edge: Police start covert surveillance on those
           who Do Right and Fear No One.
5.       Mr Grayling side steps the truth yet again.
6.       A fresh assault on Judicial Review
7.       The Stobart’s legal truck gathers speed. This time with the aid of the Bar.
8.       Alison Saunders appointed new DPP
9.       The Inner Temple Do Right and Fear No One
10.     A Grand Night on the Western Circuit
11.     Justice Alliance: Rally for Legal Aid: Tuesday
 
 
1.       Do Right Fear No One: Chairman’s Comment
 
The silly season is upon us. Parliament is in recess and the Nation is distracted by baby George and extraordinary sporting achievement. It is a dangerous time. We have a month before the fight starts in earnest again. Preparation is all. Many of you have been brilliant in terms of your research, indeed it is better than many dedicated press machines. Do not please take you foot off the gas. I do not intend to desert my post over August. It is a time when the Press need stories, a time when we can bring home our advantage. Educating our citizens and our press as to what has befallen our democracy is key. Just read on to appreciate the slippery slope our democracy is on.
 
Do Right, Fear No One

 
2.       G4S go to new lengths to appal.
 
Following on from our story last week that G4S are now proposing to run children homes comes two extraordinary revelations. This first is that G4S are obtaining change of use planning permission by using a front to disguise from any local authority who in reality is making the application HERE.
The second you might find more disturbing still. 9 years ago now 15 year, 6 ½ stone Garry Myatt was in his 3^rd day at Rainsbrook Secure Training Centre. He had refused to clean a toaster and so was sent to his room. Two G4S guards decided to punish him by removing his meagre possessions from him and so they went to his room, they were joined by a third. 16 stone 6ft David Beadnall was one of those men. The three of them put the unruly waif into a much used G4S restraint known as “the seated double embrace”. Within minutes he had died positional asphyxia. Whilst an inquest jury found accidental death there was still much to criticise. The coroner made the following Rule 43 recommendations to the then Home Secretary Jack Straw.
 
From His Honour Richard Pollard Assistant Deputy Coroner for the County of Northampton 
To: The Rt. Hon. Jack Straw M.P.
Secretary of State for Justice and Lord Chancellor Ministry of Justice
Selborne House
54 Victoria Street
London SW1E 6QW
18/07/07
 
Re: the Inquest into the death of Gareth Myatt 
As you may be aware I conducted the Inquest into the death of Gareth Myatt. I write to you pursuant to my duties under Rule 43 of the Coroners Rules. I believe that there are actions which should be taken to prevent the recurrence of fatalities similar to that in respect of which the Inquest was held. For the record I set out the findings of the Jury: 
Gareth Paul Myatt, who was born on 10th January 1989 at Stoke-on-Trent, 
Died on 19th April 2004 
At: Walsgrave Hospital, Coventry in the County of Warwick 
Cause of Death: Asphyxia resulting from a combination of inhalation of gastric content and his body position during physical restraint 
Time and place of injury causing death: The said physical restraint took place at Rainsbrook Secure Training Centre in the County of Northamptonshire between 20:58 hrs and 21:23 hrs on 19th April, 2004. 
 
Verdict: We find that the death was probably caused during lawful restraint and was probably accidental and we therefore record a verdict of “Accidental Death”. 
 
Other Findings made by the Jury: 
The Jury were asked to answer specific questions and then asked if they wished to add any other matters which they concluded had caused or contributed to Gareth’s death. 
1)  There was no adequate assessment of the safety of Physical Control in Care, and the Seated Double Embrace in particular, before it was introduced and that inadequate assessment caused or contributed to Gareth’s death. The other relevant matter on this aspect that we wish to record as causing or contributing to Gareth’s death is that there was information available, and concern here and abroad, about Positional Asphyxia; but this was not considered when the 1st or 2nd Panels were assembled. 
2)  Failure to undertake a medical review of the safety of Physical Control in Care, and the Seated Double Embrace in particular, by the Home Office or the Youth Justice Board, before Gareth’s death caused or contributed to Gareth’s death. There is no other relevant matter on this aspect that we wish to record. 
3)  Any inadequacy in the system of training the staff at Secure Training Centres in the use of Physical Control in Care prior to Gareth’s death did not cause or contribute to his death. We wish to record that not all members of staff had a copy of the PCC Manual for their own reference; training did not include adequate discussion and learning of the theory of “medical advice”; we record also, however, that the real dangers of Positional Asphyxia were not known to the Trainers, or even the National Instructors. 
4)  There was nobody at the Youth Justice Board with specific management responsibility for the safety of Physical Control in Care prior to Gareth’s death and this fact caused or contributed to Gareth’s death. There is no other relevant matter on this aspect that we wish to record. 
5)  Inadequacy in the response by the Youth Justice Board to the National Children’s Bureau Report as to the urgent need for the medical review of Physical Control in Care caused or contributed to Gareth’s death. There is no other relevant matter on this aspect that we wish to record. 
6)  Inadequacy in the response by the Youth Justice Board to the Tuck letters of 12 June 2002 and 2 July 2003 caused or contributed to Gareth’s death. There is no other relevant matter on this aspect that we wish to record. 
 
7) Inadequacy in the monitoring of the use of Physical Control in Care at Rainsbrook by the Youth Justice Board caused or contributed to Gareth’s death. We also record that there was a problem with the lack of response by the YJB organisation to the Reports from Rainsbrook. 
 
Whatever else you might think would have been the fate of David Beadnall you could no believe he would have been promoted as “health and safety manager” for G4S Child Care homes HERE.
 
Whilst their attitude could not be more apparent by the fact of David Beadnall’s promotion. This is what the appropriately named G4S hatchet woman had to say on twitter.
 
Nicola Savage (@NickySavageG4S) tweeted at 5:05 PM on Thu, Jul 25, 2013:
@TiernanDouieb tosh. guy is exonerated by inquest and moves jobs – hardly in charge of ‘all their children’s services’
 
Toxic is too good a word for G4S, no service is safe in their hands.
 
In the meantime G4S are claiming they chose to have the SFO investigation HERE.
 
If true, (and one has to take great care with that word where G4S are concerned) what does it speak of? Do their tentacles spread into that investigative arm? Nothing would now surprise me.
 

3.       Is anything safe in Grayling’s hands? Our Courts go under the hammer?
 
Mr Grayling appears entirely unclear what he is proposing to do with our Courts. His oft repeated mantra is that he wants to save money. If that is true why then does he refuse to listen to all the good CBA money saving ideas? Starting with getting rid of the likes of G4S and Serco. Read more HERE and HERE.
 
In the meantime the cuts that he has already imposed on our Court service and elsewhere are saving not a brass farthing as the Press are beginning to realise HEREand HERE.
 
Time for another U turn me thinks, which of course has Grayling going round in circles. No surprises then!

4.       Our Democracy on a knife edge: Police start covert surveillance on those
          who Do Right and Fear No One.
 
This story could not be closer to home. Leslie Thomas whom I am proud to share a chambers with. A man who does what we all aspire to do, namely Do Right and Fear No One, on a daily basis, we discover this week has been put under surveillance along with the family of Christopher Alder, who was found to have been unlawfully killed in police custody in April 1998. Read the article HERE.
 
It is this kind of action on the part of the state that casts light upon why Grayling is so intent on destroying the independent legal profession, which strives on behalf of their clients to expose the excesses of the state. Can you imagine Stobart’s Law winning such a case. The Corporates suit a Totalitarian State because self interest and dictatorship are well suited bed fellows. A democracy needs an independent judiciary and legal profession to keep it honest.
 
Losing this battle is not an option. Our freedom is at stake. There are some even within the profession whom have thought I have pitched our case too high. I hope now there can be no doubters.
     
 
5.       Mr Grayling side steps the truth yet again.
 
Mr Grayling has been asked many times why he has refused to meet me. There is only one democratically elected representative of the Criminal Bar and that is the Chair of the CBA. In a democracy Mr Grayling you cannot avoid such representatives simply because you feel better able to cope with others who do not have that mandate. Here in a recent response to a concerned constituent of Graham Stuart MP.

I did indeed meet Lord McNally, but that is beside the point. You will note he studiously avoids answering the question.
 
 

6.       A fresh assault on Judicial Review
 
Times article HERE
In 1974 there were 160 Judicial Review cases, by 2007 there were 6,692.  Now that number has reached 12,000. That figure you may think is pretty small given that we live in a world where the crassness of our decision makers at both local and national level beggars belief.  The vast majority of Judicial Review cases never reach court because the decision maker backs down in the face of legal advice that they have acted ulta vires, failed to consult etc. This is yet anohter attack on the ability of the citizen to challenge authority. It is very dangerous. As with so much of Grayling’s right wing spin the blame for an increase on JR is put at the door of the “nasty” “undeserving” immigrant. Do not be fooled. JR strikes at the heart of the decision making process in every walk of life, from our health service to our fire service. These are the politics of Robert Mugabe, they must be stopped.
 
 
7.       The Stobart’s legal truck gathers speed. This time with the aid of the Bar.
 
You dearly hope THIS story could not be true, sadly I fear it is.
 
 
8.       Alison Saunders appointed new DPP
 
Alison Saunders won the race for the new DPP.  Will she be the person to realise what the CPS can and cannot do well and fix the broken model? We hope so. Certainly we will give her time and look forward to constructive dialogue.
 
 
9.       The Inner Temple Do Right and Fear No One
 
The Inner Temple, who have been so supportive to the CBA have yet again come up trumps. With extraordinary generosity they have offered to host the CBA lectures for the coming year. This is in keeping with their push to further the education of the profession and we thank Patrick Maddams (the sub treasurer) for his vision and support. We have rather forgotten our Inns. They have looked after the profession for hundreds of years. In a storm it is often to our grandparents we turn. We could have no better.
 
 
10.     A Grand Night on the Western Circuit
 
I went to Winchester on Friday to say a very fond farewell to Nigel Likely QC as leader of the Western Circuit. Nigel has been a terrific Circuit head, renown for both his pastoral care and dogged determination to protect his flock in these terrible times. He will be missed. His place will be taken by Andrew Langdon QC who is no slouch and who I know from old. I can tell you that Andrew has taken on the role for all the right reasons and I am confident that he will carry on all of Nigel’s brilliant work.
 
The dinner was held in what must be the finest medieval hall in England. It was wonderful for me to meet so many of the Western circuiteers who have contributed to the fight over my tenure.  The Circuit maybe one of the smallest but Tolpuddle blood runs through their veins. I salute then.
 
I would like to give a special thank you to Peggy Durrant the Circuit butler, who despite requiring the aid of a walking stick whizzed around the hall all evening tending to the needs of all with grace, charm and extraordinary speed. The Western Circuit has a real gem in Peggy and they know it. In fact they have more than one. Peggy has a partner, less visible but no less effective Gill Richards the Circuit Secretary without whom such an event would not have been possible. I salute you both.
 
Unsurprisingly “Somewhere on the Western Circuit” was there to report:
 

Monday 29^th July 1603                                                                               Two shillings
 
 
 
REBEL LEADER IN WINCHESTER