Anver Daud Sheikh 5 Court of Appeal 16 Oct 2006
This series of 6 appeals concerns Anver Daud Sheikh and St Camillus Care Home, Tadcaster, Operation Juno and perhaps Operation Courier Cathy Fox Blog Index and Timeline of Court Appeals and Documentation [2] Redaction Some reports have had victims names redacted and some assault details redacted. This is a difficult balance- normally I would think that I should not “censor” details but on consultation with various people I have taken the decision to redact. This is mainly to protect victims, their friends and relatives from unnecessary detail and to stop the gratification of those who seek salacious details. In addition to the obvious “victims redaction” to protect victims, there may also be “assault redacted” across most of the spectrum of abuse. The assaults are left in the charges, but mainly redacted when repeated with reference to the individual. Some redaction may obscure sometimes the legal reason for the appeal, but should make no large difference to the vital information for researchers that these documents contain. That vital information is mainly names of the perpetrators, past addresses, instituions where assaults occurred, the actual charges the perpetrators faced – on which newspapers are pathetically inaccurate and this information enables the links between people and places and abuse at various times to be ascertained. Some transcripts may have been subject to automatic reading softwware and whilst effort has been made to correct these, the text should not be regarded as definitive. Alias letters are not transferable between appeals. If you think that the balance is not correct or that a particular redaction needs reconsideration, please say. Cathy Fox Blog Index and Timeline of Court Appeals and Documentation [2]
[2006] EWCA Crim 2682
No: 2005/0805/B4
IN THE COURT OF APPEAL CRIMINAL DIVISION
Royal Courts of Justice, Strand, London, WC2
Monday, 16 October 2006
Lord Justice Hooper
Regina v Anver Daud Sheikh
Computer Aided Transcript of the Stenograph Notes of Wordwave International Limited A Merrill Communications Company 190 Fleet Street London EC4A 2AG Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court)
MR P COSGROVE QC appeared on behalf of the APPELLANT
MR J GOOSE QC appeared on behalf of the CROWN
SHORT JUDGMENT
(As Approved by the Court)
1. LORD JUSTICE HOOPER: For reasons which we shall hand down as soon as we are able to do so, the appeal against conviction succeeds. But it does not succeed today; it will succeed only when we actually hand down the reasons. That gives the parties an opportunity to consider whether for example they wish a retrial. Meanwhile he can have bail.
2. MR COSGROVE: My Lord, we are grateful. May I raise another matter in case I cannot be here——
3. LORD JUSTICE HOOPER: Mr Goose, did you want to say something?
4. MR GOOSE: Yes. My Lord, we were taking the opportunity to discuss. The instructions I have are that firstly the prosecution, may I say, do not seek to undermine the sincerity or credibility of the complainants. The prosecution's position is that they were proper allegations and sustainable before the jury on both occasions. But the appellant has now served a period of time which means that he will be due for release on licence fairly shortly. In those circumstances we do not seek a retrial.
5. LORD JUSTICE HOOPER: In which case we will allow the appeal today.
6. MR COSGROVE: Thank you very much.
7. LORD JUSTICE HOOPER: There is no need for anyone to attend the hand down, subject to the point you are going to make.
8. MR COSGROVE: We know not upon which ground you decided to allow the appeal, but if it is grounds 1 and/or 4, then they really did require the obtaining of the transcript of A's evidence. Despite our very best endeavours, the Registrar refused to let us have that. In fact it was paid for personally by the lawyers in the case. If that could be covered by a defence costs order we would be grateful if it could be.
9. LORD JUSTICE HOOPER: Appellant's costs order out of central funds to meet the costs which have not been met by legal aid.
10. MR COSGROVE: We are grateful to your Lordships.
2016 Cathy Fox Blog Index / Timeline of Court Appeals and Documentation [2]
Please note that victims of abuse may be triggered by reading this information. These links are generally UK based.
The Sanctuary for the Abused [A] has advice on how to prevent triggers.
National Association for People Abused in Childhood [B] has a freephone helpline and has links to local support groups.
Other useful sites are One in Four [C]
and Havoca [D].
Jim Hoppers pages on Mindfulness [G] and Meditation [H] may be useful.
Hwaairfan blog An Indigenous Australian Approach to Healing Trauma [J]
Survivors UK for victims and survivors of male rape or the sexual abuse of men [K]
Voicing CSA group [L] helps arrange survivors meetings in your area
Links [2] 2015 Cathy Fox Blog Index / Timeline of Court Appeals and Documentation https://cathyfox.wordpress.com/2015/05/08/a-timeline-of-court-and-ewca-documentation-on-cathy-fox-blog/ [A] Sanctuary for the Abused http://abusesanctuary.blogspot.co.uk/2006/07/for-survivors-coping-with-triggers-if.html [B] NAPAC http://www.napac.org.uk/ [C] One in Four http://www.oneinfour.org.uk/ [D] Havoca http://www.havoca.org/HAVOCA_home.htm [E] SurvivorsJustice Triggers post http://survivorsjustice.com/2014/02/26/triggers-what-are-they-and-how-do-we-work-through-them/ [F] SurvivorsJustice Blog http://survivorsjustice.com/ [G] Jim Hopper Mindfulness http://www.jimhopper.com/mindfulness/ [H] Jim Hopper Meditation http://www.jimhopper.com/mindfulness/#cultivate [J] 2016 Jan 5 Hwaairfan blog An Indigenous Australian Approach to Healing Trauma https://hwaairfan.wordpress.com/2016/01/05/an-indigenous-australian-approach-to-healing-trauma/ [K] Survivors UK website for victims and survivors of male rape or the sexual abuse of men https://www.survivorsuk.org/ and twitter https://twitter.com/SurvivorsUK [L] Voicing CSA website – http://voicingcsa.uk/ helps arrange survivors meetings in your area. Voicing CSA supports the IICSA and VSCP and works to help adult survivors of child sexual abuse find their voice This is all written in good faith but if there is anything that needs to be corrected please email juno@cathyfox.33mail.com cathyfox the truth will out, the truth will shout, the truth will set us free “The only thing necessary for the triumph of evil is that good men do nothing” – Edmund Burke “He who does not bellow the truth when he knows the truth makes himself the accomplice of liars and forgers.” Charles Peguy To sin by silence when we should protest makes cowards out of men – Ella Wheeler Wilcox