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#10402 - 04/12/06 09:19 PM Letter to the Attorney General
RICK57 Offline
Member

Registered: 12/31/03
Posts: 1611
Loc: ENGLAND
Well I don't give up! It's close to 28 days since sentencing now, so I must make my next move!

I have spoken to the CPS today - and they read me a letter that they were about to post to me (sounded genuine). The simplified version is: 'Although the sentence did appear to be lenient, it was within the framework that might be expected'.

I have now complied a letter to The Attorney General!

This is what I have sent! *Sorry Ste - I don't do short, although I tried!
_______________________________________________

Re:James Fowler case sentencing, Durham Crown Court, Friday 17/03/06.

Dear Sir – I was the first complainant in the case against the defendant James Fowler.
I made a 15 page statement of complaint, to PC XXXXXXX on Sunday 17th Oct 2004. Ref no: XXXXXXXXXX (second complainant came forward in 2005).

Fowler was eventually convicted on 5 counts, Friday 17/03/06. The most severe conviction was for gross indecency with a child - boy.

My case was combined with that of one other child (now man) that was abused.

Sentence was passed by Judge XXXXXXXX


I wish to appeal the lenient sentence awarded to James Fowler:

I have voiced my concerns to The Witness Protection Officers .They in turn forwarded my concerns to The Head of The CPS. I am awaiting written response from the CPS; however I have spoken directly to XXXXXXX by telephone today. ‘The letter is in the post’, however I was informed that the main content of the letter is, ‘though the sentence was considered lenient, it was within normal boundaries’.

I have also written to The Honorary Judicial Recorder for County Durham (His Honour XXXXXX) and received a decent response, but not one that really answered my concerns! I was advised that I should write directly to the trial Judge, His Honour,XXXXXX– this I have done, and I await further response!

I am aware that I must write directly to you, within 28 days if I wish to appeal the sentence, so that is what I am now doing now!

The reasons for appeal are as follows (the reasoning behind my opinions can be found within the attached letter that I have sent to others mentioned above):

1/ Inadequate sentence due to historical nature of the crimes:

Judge XXXXXX stated in court, and subsequently printed in The Northern Echo on Saturday 18th March: ‘If you were sentenced for such offences committed recently, in my view it would be prison, measured in years’.

At the previous hearing, Fowler was told to expect a custodial sentence (at this point he had pleaded guilty and then later attempted to withdraw the plea)!

Why was the sentence suspended, when it was implied that a sterner sentence than the one available would have been preferred?

2/ The trial was originally scheduled for 4 days, commencing the week of 23/01/06 for 4 days.

Fowler was originally charged following my statement on Sunday 17/10/04 (I had held the shame and self doubt in my mind for 35 years at that point).

During several appearances at Magistrates Court, he pleaded not guilty and was eventually sent for trail at Crown Court. Crimes were committed in late 1969, when I was 12 and Fowler was 32/33.

A further survivor of his abusive crimes came forward sometime in 2005. I now know that person to be XXXXXXXX These crimes were also denied, however the second complainants case was joined with mine, for trial 23/01/06. Crimes were committed approximately 1977, when Fowler would be around 40, and the complainant approximately 13.

A third survivor came forward (due to publicity in a local publication – Shildon Town Crier). I now know that person to be XXXXXX. Again the complaints were denied. The third complainant had come forward at too late a date, for that case to be combined in court with the first 2. The details were not read out in court, but took place somewhere within the time frame between 1969 and 1977, when the complainant was 10. I do not know how many complaints were included in this instance!

23/01/06 date of the trial: At this point, James Fowler had been in a position to plead guilty in a courtroom on numerous occasions! He still had not done so!

Being the first witness to come forward, that means that I had to keep my unwanted memories at the front of my mind for 15 months longer than I should have!

Fowler and the Defence Barrister used the tactic of trying to split up the two cases, asking for them to be heard separately! What happened instead (after a long delay), was that the Judge was going to allow the third complainants evidence to be used to show a similar pattern of behaviour (very important point).

Under the weight of evidence from three complainants (and supportive statements for the complainants), the defence then asked for the charges to be re-stated. At this point Fowler pleaded guilty on all five counts

The trial was then adjourned to a later date so that pre-sentencing reports could be produced.

On the sentencing date, Fowler asked for his guilty plea to be withdrawn – this caused further delays and additional distress to all survivors involved in this case. He effectively withdrew his admission of guilt on that date, and has not stated otherwise, or apologised since! The Judge at that point denied the Withdrawal plea, so the guilty plea stood!

This led to a further court appearance, on 17/03/06 – where he was given a 2 year suspended sentence, with conditions attached.

Why was he given any consideration for the guilty plea which he subsequently attempted to withdraw? Why wasn’t the sentence harsher to reflect additional duress inflicted upon the survivors?
_____________________________________________________________________

I still have to face this person in my daily life and he is so smug that he is walking around as a free man! The other survivors also live in the same town and also have to see him walking around with no obvious change to his lifestyle!

I will not elaborate further, as I believe that if you are interested in more detail, you will read the attached original letter, also the attached article that appeared in The Northern Echo!

Please note that although the defence state that “It would appear that since the 1970’s he has not committed any offence of any sort.” – I would suggest that you request the statement made by PC XXXXXX who initially investigated my complaint!

I was groomed with air-rifles as was witness No. 2. In October 2004, young boys were leaving his house with pellet guns given to them by the defendant! He had similar guns for other children in the local community (children would = boys). I state that this showed clear intent to groom in 2004 (27 years after the crimes for which he has been convicted). To me this is ‘similar behaviour’, and the same reason, that was given when the judge was going to allow the 3rd witnesses evidence to be used in court! Why was that same reasoning not used for sentencing purposes?

Similar behaviour – go to jail Mr Fowler! Why did he go home?

The summing up was inaccurate with regard to his age when the crimes were convicted (covered in attachment) – this was not challenged in court!

He was described (by the defence barrister) as “An elderly gentleman answering for indiscretions which took place when he was aged between 20 and 30 (actually 32 and 40).

Again this statement was not challenged, was published in The Northern Echo and is now ringing around my head – I have no closure now, and probably never will!

I thought he was a convicted child groomer /molester, not an elderly man answering for indiscretions.

I give true definitions of the words used in the summative process, in the attached letter.

I wish to encourage other abuse survivors to come forward (I am a member of a group of 3200 male survivors). I also wish to support campaigners against the American Laws – Statute of Limitations, which limits the time frame within which a survivor of child abuse can make a complaint.

How can I do this, when the only encouragement I can give them is this very poor display of British Justice!

Yours sincerely.
___________________________________________

The format of the original letter has been lost, when pasted here - I have emphasised what I consider to be salient points!

Let's see what response I get from this one?

Best wishes...Rik

_________________________
*Never look down on anybody unless you're helping them up.
*I was seeking a way of expressing my anger - I found hope!
*There are many battles before the war is won! It can be won!

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#10403 - 04/12/06 10:10 PM Re: Letter to the Attorney General
reality2k4 Offline
Member
MaleSurvivor

Registered: 07/06/04
Posts: 6838
Loc: Stuck between water, air, and ...
Rik,

when I was a boy, the last thing I would think about is the abuser got caught, not for what he did, but what my dad would have been hung for.

CPS barristers are no match for barristers who defend abusers, but your barrister or solicitor, should have told you of grounds to appeal.

A serial child abuser should not have freedom, even if is token sentence, he should have had to stand trial but it is all about money.

A four day trial meant loads of money and jury sworn in etc., but the barrister must have had loads to go on asking for four days in court.

Your solicitor should have took you through points of law on appeal.

Why? Does society accept him in your community?

It is an extension of abuse that you guys have to face his presence, and it is too hard for me to fathom in my tiny mind.

The law is an ass, and it just goes to show how such laws were meant to encourage child sex, that is what I found as a child, and now it is cemented into place.

Dont hold too much hope in the AG overturning it, because he may be a little busy, and then, if I write the following statement in which "kids are afraid to talk".

It is up to the survivors to ask kids to tell, but a long way to go on that issue,

ste

_________________________
Whoever stole the Sun, put it back and we'll drop all the charges!

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#10404 - 04/12/06 11:18 PM Re: Letter to the Attorney General
John Oarc Offline
Member
MaleSurvivor

Registered: 02/10/06
Posts: 633
Loc: Louisiana
"I still have to face this person in my daily life and he is so smug that he is walking around as a free man!"

I went to the police about two weeks after the event and he lived in our town for at least two more years before he got caught again, then they sent him to jail. I told my mother that other boys had told me about him molesting them and she started calling around, he got two more boys the night before they arrested him.

Is it like the Greek/Roman culture is here in todays times still haunting us?

I hope you know we are all behind you on this.

_________________________
Whatever It Takes, God


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#10405 - 04/15/06 12:06 PM Re: Letter to the Attorney General
RICK57 Offline
Member

Registered: 12/31/03
Posts: 1611
Loc: ENGLAND
Just another update!

Responses so far:

1/ From The Honorary Judicial Recorder for County Durham (Top Judge) - what appears to be a personal response. He actually appears to have read and mostly understood my letter. He gave me some advice as to how I should proceed with my concerns. Didn't really answer my questions, but did not discount them. Advised me to write directly to the trial judge.

2/ CPS - verbal response over the telephone earlier this week (the letter is still in the post). Obviously thought that they could not bring the case back to life - probably because it would appear that mistakes had been made (my opinion). Told me that the sentence was on the lenient side, but within stated frameworks. Actually told me to look after myself!

3/ The trial judge (received this morning). Not a personal response, but from a lackey (employee) of his! Doesn't answer a single question of mine, and sounds more like he is upset that I have challenged his decisions. It was like they were politely telling me to "**** off and get over it".

4/ The Attorney General - I don't expect an answer from this quarter for some time yet, but will inform you if/when I do receive one!

_____________________________________

Response No.3 makes me wonder if some people are employed within the Judiciary because they believe in justice, or that they merely seek the prestige and rewards that belong to the role!?

Do you know what? I have realised that 'I am so much a better person than that'! I am above anyone that does not recognise the need for true justice - I have contempt for their court!

Today, I am off to York (first real social day I've had so far this year, as my mind has been elsewhere).

I will be drinking the best locally brewed real ale, in two of my favourite bars in the whole world, The Bluebell and The Drop Inn (and others)! I will be with a really good friend that has put up with a hell of a lot from me for the last couple of years.

Later on, we will go to an Eastern themed bar (if we can find it again) and have some sort of weird celebration drink from their extensive menu! I am sure there will be something significant available!

Best wishes ...Rik

Life starts again right now! The fight is not over, but it's no longer 'all of my life' - it's just a part of it!

_________________________
*Never look down on anybody unless you're helping them up.
*I was seeking a way of expressing my anger - I found hope!
*There are many battles before the war is won! It can be won!

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#10406 - 04/15/06 12:19 PM Re: Letter to the Attorney General
reality2k4 Offline
Member
MaleSurvivor

Registered: 07/06/04
Posts: 6838
Loc: Stuck between water, air, and ...
Rik,

stay away from theakstons old peculiar.
I love real ale like shepherd neames, spitfire, and bishops hangover.

The attorney general will look at the stuff put in front of the judges, and how they structured the sentencing in view of the options available to them.

Dont expect miracles, and the other judge treated you badly by what he has said.
I would inform that judge of your appeal to his boss the AG.

See what he makes of that!

Have a nice holiday,

ste

_________________________
Whoever stole the Sun, put it back and we'll drop all the charges!

Top
#10407 - 04/15/06 08:59 PM Re: Letter to the Attorney General
roadrunner Offline
Administrator Emeritus
MaleSurvivor

Registered: 05/02/05
Posts: 22045
Loc: Carlisle, PA
Rik,

I wish you all the luck in the world, but I have to say I was happy to see you saying this:

Quote:
The fight is not over, but it's no longer 'all of my life' - it's just a part of it!
Exposing Fowler was important and you did that, but does your recovery turn on making sure he goes down for a custodial sentence? Chasing this bastard must consume a LOT of energy.

I'm not saying don't do it if this is what you need. But IS it what you need?

Much love,
Larry

_________________________
Nobody living can ever stop me
As I go walking my freedom highway.
Nobody living can make me turn back:
This land was made for you and me.
(Woody Guthrie)

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#10408 - 04/15/06 09:05 PM Re: Letter to the Attorney General
WalkingSouth Offline
Member
MaleSurvivor

Registered: 08/30/05
Posts: 16263
Rik,

Enjoy the Day!

John

_________________________
“Life’s journey is not to arrive at the grave safely in a well preserved body, but rather to skid in sideways, totally worn out, shouting ‘Holy ____…! What a ride!’” ~Hunter S. Thompson

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#10409 - 04/19/06 12:54 PM Re: Letter to the Attorney General
RICK57 Offline
Member

Registered: 12/31/03
Posts: 1611
Loc: ENGLAND
Received a response from The Attorney General's Office this morning (The Legal Secretariat to the Law Officers Attorney General's Chambers).

It's a simple acknowledgement of receiving the letter I sent.

Most of it is hand written! They anticipate a full response by 16th May, or sooner if possible.

Letter ends with 'Kind Regards' and is signed by the author.

It's very basic, but somehow feels warm!

The letter has a franking mark instead of a stamp - the author has written 'first class' next to it, just to make sure the post office would send it as quickly as possible!

They have obviously responded on the first day of business after receiving the letter!

Wonder what the final response will be?

Suffering a bit of burn out now....will have to have some bob martins!

Best wishes ...Rik

_________________________
*Never look down on anybody unless you're helping them up.
*I was seeking a way of expressing my anger - I found hope!
*There are many battles before the war is won! It can be won!

Top
#10410 - 04/20/06 09:40 PM Re: Letter to the Attorney General
Kirk Wayne Offline
Member
MaleSurvivor

Registered: 05/31/05
Posts: 499
Loc: Shrewsbury UK
Rik

"will have to have some bob martins!"

If you start scratching behind your ear with your foot, a trip to the vets is suggested.

As for "burn out" its natural. I felt exactly the same way after King and Randalls trials and I didnt get the chance to give evidence so you must be feeling especially knackerd.

Be kind to yourself you deserve it.

Kirk
"Lets grab this bull by the horns and swing it about a bit"


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#10411 - 04/23/06 03:36 AM Re: Letter to the Attorney General
RICK57 Offline
Member

Registered: 12/31/03
Posts: 1611
Loc: ENGLAND
Larry - the thing that really **ssed me off, was not the actual sentence (he's known for what he is now)! It's the fact that he walked out of Crown Court as 'An Elderley Gentleman answering for indiscretions which took place when he was aged between 20 and 30 (THIS WAS THE DEFENCE SUMMATIVE STATEMEMENT, NOT CHALLENGED BY EITHER THE PROSECUTION OR JUDGE)!!!??? Subsequently published in local media!

NO, NO, NO.... the crimes for which he was convicted took place when he was between the ages of 32 and 40. He is actually an ELDERLY PAEDOPHILE THAT HAS BEEN RECENTLY CONVICTED FOR GROOMING, ABUSE AND GROSS INDECENY WITH A CHILD (BOY).

Elderly gentleman??? Indiscretions???

I should never say this but....if there are to be new child victims of abuse, maybe they should be the children of the defence barrister, the children/grandchildren of the judge.... I don't want there to be any more victims, but if this is the only way to get the powers that be to sit up and take notice??? They'd probably call for a return to hanging if it was their kids!

Best wishes ...Rik

_________________________
*Never look down on anybody unless you're helping them up.
*I was seeking a way of expressing my anger - I found hope!
*There are many battles before the war is won! It can be won!

Top
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