PUBLISHER'S NOTE: Police officers are under increasing pressure in North and America to lay rape charges - or face public wrath. I have run several posts in which police in the UK have willfully held back exculpatory evidence from persons accused of rape. All the easier to get a conviction in cases where there is no concrete evidence that would present a reasonable possibility of conviction. Other posts have dealt with the increasing adoption of FETI (Forensic Experiential Trauma Interview) techniques in North America - even though a strong scientific basis for this technique has not yet been established. It makes for good PR and may hold off the shrill crowd - but risks false accusations and all that they entail. There is no substitute for a thorough, fair, impartial, unpolitical rape investigations. Without them, the consequences to the accused - as Mr. Bryant's case illustrates - can be devastating. I am increasingly hearing the refrain that, 'well. in any case, only a small fraction of rape reports involve wrongful prosecutions. I don't buy that. One is too many.
Harold Levy. Publisher; The Charles Smith Blog.
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QUOTE OF THE DAY: “If he [Day] had been a really good psychopath Dave would still be in prison,” said (Mr. Brant's lawyer) Mr Butler, “How many Dave’s are there wrongly locked up? I am guessing it is in the hundreds – that’s the scandal and it is only getting worse.” He said that Dorset police had not only wreaked devastation on his client but had also let down Mr Day by failing to check his claims properly. “They should never have let Day in the witness box with so little evidence or checking and they have ruined his life,” said Mr Butler. “I do not know what really motivated Day to lie, he is such a sad and complex character.”
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STORY: "Police wrongly pursued retired fire chief rather than investigate blackmail claim against fantasist who accused him of rape," the Telegraph reports," by reporter Robert Mendick published by The Telegraph on February 10, 2018.
GIST: "Police
wrongly pursued a rape case against a retired fire chief rather than
investigate a blackmail claim against the fantasist who made the
allegation, the Telegraph can disclose. David Bryant, 67, spent
almost three years in jail after being convicted of rape in a
miscarriage of justice that further plunges into crisis the police
handling of sex abuse cases. Mr Bryant’s conviction was
overturned in the Court of Appeal and now a High Court judge has raised
serious questions over a police force’s failure to investigate his
accuser. The police inquiry began after Danny Day, who had sought medical help
for compulsive lying, went to Dorset Police in 2012 claiming he had
been raped by Mr Bryant in a fire station in Christchurch in 1977. But before doing so, Mr Day had posted a letter through Mr Bryant’s
door threatening to make him pay “one way or another” and demanding he
telephone him or else he would go to newspapers and to police. Mr Bryant’s wife Lynn, who subsequently died, her death blamed on the
stress of the ordeal, immediately phoned police, alarmed by the threat.
Her pleas were ignored. Now in a
High Court judgment, Master Gary Thornett has expressed his concern that
officers pursued the rape case against Mr Bryant rather than
investigating Mr Day for blackmail.
In the
written judgment, Master Thornett said: “This [letter] would not strike
any reasonable person as anything other than a blackmail note. It is
clearly threatening. The invitation to make contact seems well away from
a need to discuss and elicit an apology but instead seek either a
financial payment or retribution through the threat of Police
involvement and publicity.” Mr Day, from Bromley in Kent, received £11,000 from the Government’s
Criminal injuries Compensation Authority for the rape, which he has
never had to pay back. He also began a claim for damages from Mr Bryant
and from Dorset fire services. Mr Bryant, who had received commendations for bravery during an
unblemished 40-year career as a fire fighter, was convicted in 2013 on
the basis of Mr Day’s testimony alone and sentenced to eight and half
years in jail. He was freed in 2016 after the Court of Appeal quashed the conviction
after it emerged that Mr Day had sought medical help for being a serial
liar, including making demonstrably false claims he was a champion
boxer who would have fought at the Los Angeles Olympics if he had not
been so traumatised by the rape. On his
release, Mr Bryant brought his own legal action against Mr Day. The High
Court ruled that Mr Day “had sought to undermine justice by making
false allegations” of sexual assault and had sought compensation “by
contriving an allegation that was false and fundamentally dishonest”. Master
Thornett’s judgment also declared that Mr Day had deliberately used the
police and crown prosecution service to wage a “campaign of
self-aggrandisement”. The court ordered him to pay £20,000 interim
costs. Mr Bryant told the Telegraph: “This ruling shows just how hopeless
the police were. Instead of investigating Danny day for blackmail, they
investigated me for historic sex abuse. Lynn [Mr Bryant’s wife] reported
this as a blackmail threat but they ignored it. “This could have been cleared up in days but instead I went to jail and my wife died from the stress of the ordeal.” The 35-page ruling will put huge pressure on Dorset police to
apologise to Mr Bryant. The force has so far refused to do so and didn’t
even bother to send a note of condolence when Mr Bryant’s wife died not
long after his release. Mr
Bryant’s lawyer Rupert Butler said Mr Bryant had “got lucky” that Mr
day’s lies were relatively easily exposed. “If he [Day] had been a
really good psychopath Dave would still be in prison,” said Mr Butler,
“How many Dave’s are there wrongly locked up? I am guessing it is in the
hundreds – that’s the scandal and it is only getting worse.” He said
that Dorset police had not only wreaked devastation on his client but
had also let down Mr Day by failing to check his claims properly. “They should never have let Day in the witness box with so little
evidence or checking and they have ruined his life,” said Mr Butler. “I do not know what really motivated Day to lie, he is such a sad and complex character.” Dorset Police have not responded to requests for a comment, but
previously they told the Telegraph: “Dorset Police takes allegations of
this nature very seriously and conducted a very thorough and detailed
investigation. The findings of the investigation were passed on to the
Crown Prosecution Service who chose to prosecute. "
The entire story can be read at:
http://www.telegraph.co.uk/news/2018/02/10/police-wrongly-pursued-retired-fire-chief-rather-investigate/
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c harlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot. com/2011/05/charles-smith-blog -award-nominations.html Please
send any comments or information on other cases and issues of interest
to the readers of this blog to: hlevy15@gmail.com. Harold Levy;
Publisher; The Charles Smith Blog."
The entire story can be read at:
http://www.telegraph.co.uk/news/2018/02/10/police-wrongly-pursued-retired-fire-chief-rather-investigate/
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c