Wait for it - a new disclosure on the Bell case
I shall explain here two recent developments in the George Bell affair, a disclosure by the Sussex Police (you’ll have to read to the end to find this) and a retreat by the Church of England itself, both brought about by sustained and persistent pressure. But first, a bit of background:
I know that my campaign to win justice for a long-dead Bishop is a cause many of my readers find obscure and incomprehensible. I can only say that, when I first engaged in it last year, it pretty much took over my life during a short holiday in Paris and Amsterdam late last October. It continued to occupy much of my waking time for many months afterwards, invading my thoughts whenever I finished a task.
Around noon each day I would go in search of a railway station or similar place, in the hope of finding the latest edition of ‘The Times’ (to which I do not have an electronic subscription) to see if they had printed my letter protesting against their report. I was so furious when I realised that several newspapers and the BBC had treated an allegation against Bishop George Bell as a proven charge that I had to act. I thought ‘The Times’ which still at least claims to be a journal of record, would feel obliged to publish my brief epistle. They didn’t.
The best way to Annoy Me
This, as my regular readers might guess, only served to increase my determination. I kept at it. Fraser Nelson at the Spectator, a courageous and individual editor, greatly helped the cause by publishing an article on the case. Eventually, articles defending George Bell and the presumption of innocence (some by me, some by others) appeared in every newspaper, national and local, which had carried the original story. The BBC accepted that it had wrongly imputed guilt to the Bishop. But none of the papers has ever corrected the original stories, which I still regard as inaccurate, describing Bishop Bell as a child molester without qualification. The Independent Press Standards organisation (IPSO) and the Scott Trust (which claims to be the independent tribunal governing The Guardian) have completely failed to enforce what I regard as proper standards of reporting. The simple principle, that nobody is guilty of a crime until he has been proven to be before an independent jury, just doesn’t apply to the dead – even as in this case when the accusation is solitary, ancient, uncorroborated and anonymous. My quest was never for compensation, was entirely disinterested personally. Yet I could get nowhere, however clearly I made the point that the distinction between accusation and conviction was absolute and a matter of fact, and that several papers and simply ignored it.
I can see why in some cases the cloud of witnesses against the accused is so great that it is at least reasonable to act as if some sort of trial had been held. I would never wish George Bell or his case to be linked in the public mind with such a person as ‘Sir’ Jimmy Savile, a person whose reputation, such as it was, was of no great value to the country. But abusers seldom have only one victim, and the Bell case has been so widely publicised – locally and nationally - that I think there is some significance in the absence (so far) of any other accusation against him in the 10 months since the charge was first revealed.
A Prickly Occasion
Why did I bother with all this? I had, a few years before, nominated Bishop Bell for BBC Radio 4’s ‘Great Lives’ series, a slightly prickly occasion as I was then on rather poor terms with its presenter Matthew Parris.
http://www.bbc.co.uk/programmes/p01705q9/p01704t1
I think both of us simply decided to put the issue behind us, Matthew probably because he had forgotten about it and me because I can seldom keep up a grudge for very long (I had thought that Matthew had misrepresented me on a public occasion. I still do. But it matters less now).
George Bell is important to me for two reasons.
Not a Pacifist
First, because I have come to be more and more convinced that the bombing of German civilians by British forces in the Second World War was morally wrong and should not have taken place. In the course of many arguments with readers about this, I am often chided with the words ‘You weren’t there at the time!’. To these, I could reply that George Bell was (indeed, bombs fell close to his Brighton home during the war, and he was no pacifist. His chaplain in the late 1940s, a decorated Naval veteran, has attested to this, and two of his brothers died in the trenches in the 1914-18 war) .
Bell is also innocent of being any kind of Nazi sympathiser. He had loathed and known about the foul actions of Hitler far longer than most, and more effectively than many. He was one of the most enduring friends of the German resistance to Hitler, a constant help to those seeking refuge from Nazi persecution, including many Jews who had converted to Christianity. He was also in touch with those who eventually tried to assassinate Hitler in the ‘July Plot’, and secretly told Anthony Eden of this plan. He had first tasted unpopularity when, in the early months of war, he spoke up for German refugees from Hitler, many of them anxious to fight against their own country, who were stupidly interned by Winston Churchill in a frenzy of suspicion and war panic. Bell always knew the difference between a German and a Nazi, however high emotions were running. And, at the time, knowledgeably, rationally and at some cost to himself, he opposed the bombing of civilians. Thus I could say to my pro-bombing critics: ‘George Bell was there at the time. And he was against it’.
Secondly, he matters because, in an era when the Church of England is regarded as a shambling relic, unclear on any major issue, George Bell showed how an established, Broad Church could and should speak with an uncompromising moral voice, and how even its comfortable leaders, lapped in the peace and tranquillity of ancient cathedral closes, could speak uncompromisingly for justice against injustice.
But I think his old Church, with its modern political obsessions, has forgotten him. I also think it does not understand English law. This is common. Until I researched my book ‘A Brief History of Crime’, I only had a sketchy grasp of the working of the jury system and the significance of such things as the presumption of innocence. I knew the effect of these things on reporting rules, as all trained journalists must. But then again, I was never involved in publicly accusing (let alone condemning) anyone for a serious crime.
Bishops don't understand the Law
The C of E seem genuinely to have thought that it was personally offensive and cruel *to the accuser* to question an accusation. They seem genuinely to have the idea that an accusation of child abuse has a special status in law, such that the accused has to prove his innocence.
This is quite understandable. You could easily get that impression from the actions of the police and the courts.
This was the origin of the Bishop of Chelmsford’s untrue statement in the House of Lords in this debate
https://hansard.parliament.uk/lords/2016-06-30/debates/16063032000573/HistoricalChildSexAbuse
that ‘some in the George Bell Group had made hurtful comments about [George Bell’s accuser]. None had . The claim was untrue. But it took weeks of correspondence with the Bishop and questioning of the C of E press office, which joined in uninvited by me, to achieve the following:
Shifting their Ground
The press office began to shift their ground when they said ‘In answer to your question, I can clarify that when Bishop Stephen said in the House of Lords that ‘some in the Bell Group had made hurtful comments’ about ‘Carol’, it would have been more precise to say that these were comments that she found hurtful. I know Bishop Stephen is happy to be quoted as such, and also happy to acknowledge that he did not intend to suggest that legitimate questions about this case could not be posed by all sides. I hope that was apparent by the tone and content of the rest of his speech where he endeavoured to take seriously and listen carefully to the concerns being raised. Of course in this process people get hurt, even if no hurt was ever intended.’
This was obviously untenable. To say that somebody was allegedly upset by the impersonal challenging of her testimony by others is utterly different from saying that those others had made objectively hurtful remarks about her. It is not a ‘clarification’ to shift from one to the other, but a complete alteration in meaning, which by implication reveals that the words spoken were not true.
And it did not stand. Soon afterwards I received this communication ‘ [The Bishop of Chelmsford] acknowledges that what he actually said was mistaken, hence the clarification explaining what he meant to have said but he stands by everything else in the speech. He is happy to be quoted on all of that. When the new parliamentary term begins he promises to look into how a proper clarification can be produced.’
I shall, all may be sure, be looking out for this ‘clarification’ at the earliest practicable moment. The Hansard account badly needs to be corrected.
The other things he said were expressions of opinion, and standard Lambeth Palace boilerplate (which mainly consists of a refusal to discuss the details of the secret kangaroo court which condemned George Bell without hearing any defence of him and then decided to publicise this condemnation.
The C of E, I noted, was highly sensitive about the way I approached this episode. Yet I have never seen it complain about the way that media reported its October 22 document as if it had declared George Bell guilty – when it had not done so. I defy anyone to find an unequvocal declaration of guilt in the document : https://www.churchofengland.org/media-centre/news/2015/10/statement-on-the-rt-revd-george-bell-(1883-1958).aspxhttps://www.churchofengland.org/media-centre/news/2015/10/statement-on-the-rt-revd-george-bell-(1883-1958).aspx
Indeed, the Bishop of Durham again speaking in the House of Lords http://www.publications.parliament.uk/pa/ld201516/ldh, said at one stage ‘In fact, if noble Lords read very carefully the statements that have been put out, they will see that there has been no
declaration that we are convinced that this took place.’
Not Very Noble
Having read it carefully, despite not being a Noble Lord, I absolutely agree with him about this. There was no such declaration in the October 22 statement, even though it was mysteriously reported in several different places as if there had been. How on earth did so many people reach the same wrong impression? Coincidence Theory helps here. Not much else does.
When I publicised this, the Bishop made a strange episcopal U-turn, described here
http://hitchensblog.mailonsunday.co.uk/2016/02/in-tywo-minds-the-strange-position-of-the-bishop-of-durham.html
Lo, it was a ‘clarification’! ‘Clarification’ seems to be this particular office’s favourite euphemism for backtracking. : ‘'Recent media comment regarding Bishop George Bell has focused on my recent contributions made in the House of Lords in response to a question on the Church’s actions in this matter. On reflection I believe my words were not as clear as they could have been and I welcome this opportunity to provide further clarity.'(my emphasis).
As before, the words to be ’clarified’ are perfectly clear already. This is in fact a murkification. It runs : ‘Almost three years ago a civil claim was made, raising allegations of abuse by George Bell, the former Bishop of Chichester.
‘In response to the claim independent legal and medical reports were commissioned and duly considered. The evidence available was interrogated and evaluated. This led to a decision to settle the claim and to offer a formal apology to the survivor. This decision was taken on the balance of probabilities - the legal test applicable in civil claims.' (PH notes, this is twaddle, the procedures fell far below the level of a civil case, see below) .
'The church therefore, having evaluated the evidence before them, accepted the veracity of the claims before them.' (my emphasis). (PH notes, if this is so, they did not say so anywhere in the October 22 statement). It is also worth noting that the Bishop’s U-turn was announced in his name by the C of E press office, not by the Bishop himself, whose own press office seemed to know nothing about it at the time and referred queries to Lambeth. The C of E, despite knowing of my interest in this matter, and of my direct interest in the Bishop of Durham’s original statement, did not send the release to me. I found out about it from other journalists to whom it had been sent.
I also asked at the time :
‘If the decision was taken on a civil basis why (and how) were the Sussex police recruited to say publicly they would have arrested the late Bishop? The police do not arrest the objects of civil tort claims, even when they are alive.’
This was in response to the Church’s claim, made defensively some time after the original denunciation, that their finding against George Bell was on a civil basis (‘balance of probabilities’) rather than the criminal one (‘beyond reasonable doubt’). This wasn’t true anyway. A civil hearing requires the judge to hear both sides of the case, and the defendant or his lawyer can cross-examine witnesses against him. Bell had no lawyer representing his sole interests at the hearing. And the burden of proof still rests on the plaintiff. The secret judges in this case who ‘found no reason to doubt’ the claims against George Bell disqualified themselves by this statement. In English law there is *always* reason to doubt any accusation.
Why Were the Police Involved at all - in a civil case?
But if it *was* a civil case, why were the police involved?
Almost every time I took the case up with neutral observers, or with media who had reported accusation as fact, they cited the police statement that they would have arrested George Bell as crucial in persuading them that there was a serious case against him.
This is so in terms of propaganda. But it simply isn’t so in law. An arrest is proof of nothing and is worthless as evidence. Alas, far too few people know this.
So I began to ask how it was that the police were involved at all, in a case alleging crimes committed more than 60 years earlier, against a man who had been dead for more than half a century, and (even if guilty) was no longer any danger to anyone, his ashes having been long ago buried. As far as I could discover, their only statutory duty in the case ( and the Police are a statutory body, who exist by virtue of law) was to record it. Also, had George Bell been alive, they would not have been allowed to name him for fear of prejudice. Practice would have dictated something along the lines of ‘Sussex Police last night notionally arrested a 132-year-old Chichester man on suspicion of child-abuse’. But they did name him. They were allowed to, or rather they would not have got into trouble if they had, because he was dead. But they didn’t have to and they could easily not have done so. I have never really got an explanation of this.
I had resolved by this time that I would pursue everyone involved in this business by any lawful or official method available. I put in an official complaint to Sussex Police, on behalf of Bishop Bell’s niece, Mrs Barbara Whitley, who was and remains extremely annoyed by the way in which her uncle’s name has been dragged through the mire . The complaint was rejected - by the Sussex Police, and I was flatly informed (and this is, infuriatingly and surprisingly correct) that this sort of complaint could go no further, and certainly could not be referred upwards to the Independent Police Complaints Commission.
Now, I am not an enthusiast for Police and Crime Commissioners (PCCs). But I felt there was nothing to be lost in approaching Katy Bourne, the PCC for Sussex, and I have to say that she impressed me by her interest and sympathy. And eventually she achieved the remarkable statement that has been partly reported , amongst other places , here:
http://www.bbc.co.uk/news/uk-england-sussex-36986118
It is all quite accurate as far as it foes, and I can quite see why ther BBC and local newspapers, and ‘The Times’ (which briefly noted the event) have taken this line:
Sussex Police is to "apologise" for distress caused to the niece of Bishop George Bell by a media release about alleged abuse by the cleric.
It follows a complaint by journalist Peter Hitchens about the revelations.
The force said it was apologising to Barbara Whitley because police did not contact any living relatives of the bishop to let them know an inquiry was to be made public by the Church.
It said it was not apologising for the investigation or the statement itself.
In a letter to Mr Hitchens, Det Supt Jeremy Graves, head of the force's professional standards department, said the force would apologise to Ms Whitley.
"The distress caused to Barbara Whitley is of course regrettable and I know that Katie Perkin [head of corporate communications] plans to personally write a letter of apology to her," he wrote.
He continued: "With hindsight the matter could have been managed more sensitively but it was complicated by the fact that the release was generated by the diocese with whom we should have been working more closely."
He said the issue of the impact of media statements on people connected with suspects was difficult to manage.
But he said: "I am satisfied there was no intention to confuse or cause distress."’
They missed the story. Here it is
But the actual letter, which is in an awkward format and difficult to transcribe in full, contains a *much* more interesting segment. It is quite clear that the police involvement was drive not by their desire but by the Church, in the shape of the Chichester diocese:
‘My understanding’, wrote Detective Superintendent J.D. Graves,
‘is that the Diocese of Chichester notified Sussex Police that they planned to release a statement to the media. It was never our intention to be proactive (my emphasis); in other words, there was no intention to release a police statement about the alleged criminality of Bishop Bell (my emphasis). However, we were asked by the Diocese to make a statement as they had decided to make this information public and so we provided them with a statement for inclusion in their press release on the basis that once the Diocese published their statement a natural consequence would be a media request to the police for comment’.
It later repeats ‘the press release was driven by the Diocese’.
I leave it to readers to draw what conclusions they may wish to from this revelation. All I can say is that it makes me all the more determined to pursue this matter until justice is done. Other cases of injustice have other pursuers, and that is good. I have gained and found many allies in this pursuit, several of whom have done huge and sterling work. I am by no means alone. But I am uniquely committed to this cause. Something is very wrong here.