Poppi Worthington's father found to have abused her before her death https://t.co/itbKT3NnpU via @MailOnline— Claire Khaw (@ntfem) January 20, 2016
https://t.co/itbKT3NnpU Man found guilty but will not be charged because of absence of evidence. How do you feel about British justice?— Claire Khaw (@ntfem) January 20, 2016
https://t.co/itbKT3NnpU Man found guilty on the balance of probabilities. How does that make you feel about British justice?— Claire Khaw (@ntfem) January 20, 2016
@uk_criminal_law Isn't Justice Jackson's judgement ultra vires? A civil court finds a man guilty of an imprisonable offence.— Claire Khaw (@ntfem) January 20, 2016
@colin_star @BBCNews Isn't Justice Jackson's judgement ultra vires? A Family Court finds a father guilty of a crime.— Claire Khaw (@ntfem) January 20, 2016
@PaulSeery The item that has most caught my idea today is about the father who was convicted of a very serious crime in a family court.— Claire Khaw (@ntfem) January 20, 2016
@PaulSeery British justice these days means that a civil court can convict you of a crime. It has happened TWICE already.— Claire Khaw (@ntfem) January 20, 2016
@snooziflooze @DVATW Are you familiar with the concept of the standard of proof and aware that it is different in civil and criminal courts?— Claire Khaw (@ntfem) January 20, 2016
@snooziflooze @DVATW Do you think it is right a family court can find a man guilty of a very serious crime on the balance of probabilities?— Claire Khaw (@ntfem) January 20, 2016
@snooziflooze @DVATW Do you know that the standard of proof in a civil court is the balance of probabilities and higher in a criminal court?— Claire Khaw (@ntfem) January 20, 2016
@JMichaelOGarra This is 2nd time now in Britain that a civil court has found a man guilty of a CRIME. Why isn't the legal profession AGHAST?— Claire Khaw (@ntfem) January 20, 2016
@hanabusa_haru Are you familiar with the concept of STANDARD OF PROOF? Being Japanese, probably not.— Claire Khaw (@ntfem) January 20, 2016
CPS shd review Poppi death to establish criminal liability -says former Justice minister Simon Hughes @BBCr4today— norman smith (@BBCNormanS) January 20, 2016
@fabulousmrg @BBCNormanS @BBCr4today It seems I wait in vain for the legal profession to invoke the Latin phrase term ultra vires.— Claire Khaw (@ntfem) January 20, 2016
@LeonieThomas18 Ultra vires means beyond the power, in this case beyond the power of the body making the decision.— Claire Khaw (@ntfem) January 20, 2016
@LeonieThomas18 If you are a civil court, you do not have the power to find a party to litigation guilty of a crime, for example.— Claire Khaw (@ntfem) January 20, 2016
@LeonieThomas18 Another example is a magistrates court finding you guilty of a war crime. It just does not have the power to do so.— Claire Khaw (@ntfem) January 20, 2016
@LeonieThomas18 I am afraid these legal distinctions will be lost on the mob calling for Paul Worthington to be hung, drawn and quartered.— Claire Khaw (@ntfem) January 20, 2016
Me & Sir Mark Potter on @BBCr4today at 8.10 re Poppi Worthington case & risks of 'ghost' miscarriages of justice https://t.co/3A1OmYs9Ev …— Dr Hannah Quirk (@HannahQuirk1) January 20, 2016
Judge rules Poppi sexually assaulted by father. Awful case but worrying trend of guilt being decided outside trials? https://t.co/JXVemANkMu— Dr Hannah Quirk (@HannahQuirk1) January 19, 2016
@Sanchia7 Still no mention of ultra vires from the legal profession about Family Court finding man guilty of a CRIME.— Claire Khaw (@ntfem) January 20, 2016
@BarbaraHewson @HannahQuirk1 No way would that kind of evidence convict a defendant BEYOND REASONABLE DOUBT but let's have a go anyway ...— Claire Khaw (@ntfem) January 20, 2016
@BarbaraHewson @HannahQuirk1 @DM20120 No science training is necessary to use deductive reasoning about there being INSUFFICIENT EVIDENCE.— Claire Khaw (@ntfem) January 20, 2016
@BarbaraHewson @HannahQuirk1 @DM20120 Anyway, even if he Paul Worthington did kill his daughter what business is it of any of ours?— Claire Khaw (@ntfem) January 20, 2016
@BarbaraHewson @HannahQuirk1 @DM20120 If filicide were legalised, would all parents kill their children? I rather doubt it.— Claire Khaw (@ntfem) January 20, 2016
@BarbaraHewson @HannahQuirk1 @DM20120 Most parents love their children and want them to grow into adults without sexually abusing them.— Claire Khaw (@ntfem) January 20, 2016
@HannahQuirk1 @Barristerblog @BBCr4today Yes, you were much better than Sir Mark Potter who sounded like he was prevaricating on EVERYTHING.— Claire Khaw (@ntfem) January 20, 2016
@HannahQuirk1 @Barristerblog @JoshuaRozenberg @danbunting @JusticeGap British justice now infamous for saying one thing and doing another.— Claire Khaw (@ntfem) January 20, 2016
@HannahQuirk1 @Barristerblog @JoshuaRozenberg @danbunting @JusticeGap UK lawyers now infamous for forgetting fundamental legal principles.— Claire Khaw (@ntfem) January 20, 2016
@HannahQuirk1 @Barristerblog You made an intriguing point about Justice Jackson sitting in appeal against his own decision. Do elaborate.— Claire Khaw (@ntfem) January 20, 2016
@HannahQuirk1 @Barristerblog @JoshuaRozenberg @danbunting @JusticeGap Can you name anr case of a man found guilty of CRIME in a CIVIL court?— Claire Khaw (@ntfem) January 20, 2016
@HannahQuirk1 @Barristerblog Poppy Worthington story is much much worse n sinister than a father being found guilty of killing his daughter.— Claire Khaw (@ntfem) January 20, 2016
This Poppy Worthington case is very disturbing ...there are so many questions #r4today— Bob Hawkins (@salvatorRosa) January 20, 2016
@RichardADixon @fatherscontact Was Paul Worthington found guilty in a CRIMINAL court then? Was there a CRIMINAL trial?— Claire Khaw (@ntfem) January 20, 2016
@timmarshallking @fatherscontact @BBCNews Whoever heard of a Family Court Judge sitting as a Criminal Judge? Only in England, eh?— Claire Khaw (@ntfem) January 20, 2016
@Star_child2015 @fatherscontact @BBCNews You are sure Paul Worthington killed his daughter then? In which court was he convicted?— Claire Khaw (@ntfem) January 20, 2016
@GhandisOBlocked @HannahQuirk1 You consider Paul Worthington an innocent man, do you? But he has been declared guilty by Justice Jackson.— Claire Khaw (@ntfem) January 20, 2016
@HannahQuirk1 @Barristerblog @JoshuaRozenberg @danbunting @JusticeGap Read paragraph 65 carefully at https://t.co/qIXbgA0eqI— Claire Khaw (@ntfem) January 20, 2016
@HannahQuirk1 " ... nappy ... contained significant amounts of DNA from P *and a male other than the father* ... " https://t.co/qIXbgA0eqI— Claire Khaw (@ntfem) January 20, 2016
@MollyLou01 @XenoPoesis @GhandisOBlocked @HannahQuirk1 Was it wrong to report that Justice Jackson had declared Paul Worthington guilty?— Claire Khaw (@ntfem) January 20, 2016
@HannahQuirk1 @Barristerblog @JoshuaRozenberg @danbunting @JusticeGap I also draw your attention to para 137 at https://t.co/qIXbgA0eqI— Claire Khaw (@ntfem) January 20, 2016
DNA - not Paul Worthington's - was found in the nappy of Poppy Worthington. How cd Justice Jackson have missed this? https://t.co/5pErIsc4zB— Claire Khaw (@ntfem) January 20, 2016
@GhandisOBlocked Changing ur toddler's nappy in a way Justice Jackson disapproves of can make u guilty of sexually abusing her. Para 141-52— Claire Khaw (@ntfem) January 20, 2016
@HannahQuirk1 @MollyLou01 @XenoPoesis @GhandisOBlocked Yes, Justice Jackson became momentarily aware that he was not a criminal judge.— Claire Khaw (@ntfem) January 20, 2016
@MollyLou01 The judiciary seems to be suffering from some form of dementia having become unable to remember fundamental legal principles.— Claire Khaw (@ntfem) January 20, 2016
@MollyLou01 https://t.co/EOn9OJK5d1 The Rule Of Law No Longer Exists In Western Civilization by @PCraigRoberts— Claire Khaw (@ntfem) January 20, 2016
Justice Jackson - not a criminal judge sitting in criminal court - off his own bat decided that Worthington is guilty, and that the Worthingtons' five surviving children should *not* return to them.
I invite you to consider the injustice of this assuming just for a moment that Paul Worthington is entirely innocent.
What punishment does Justice Jackson deserve for forgetting fundamental legal principles and obviously having it in for Paul Worthington?
Why do we even need social workers anyway? If parents want to kill their children then they don't deserve any children, do they? Problem solved. These useless women cannot prevent children from being killed by their parent(s) and when they try they always end up committing a gross injustice such as the "satanic panic" children in the 1990s.
In 1990, families on a council estate in north Manchester woke up to every parent's worst nightmare. With no warning, police and social workers had come to take their children.
Sixteen youngsters from the Langley estate near Rochdale were taken in to care - for what was to be a total of 34 years and four months. It was alleged they had been forced into devil worship and sexually abused.
At the time, there was a steady stream of newspaper stories based on rumours of secret satanic abuse taking place in Britain. But, after a year long investigation, the Rochdale parents were proved to be completely innocent.http://news.bbc.co.uk/1/hi/programmes/real_story/4602302.stm
Allegations ranged from the sacrifice of human babies and robed devil worship to locking the children in cages and caves. None of the claims were ever proved.
It was Britain's Salem Witch Hunt.
This programme reveals the real story of how, at the end of the 20th Century, hysteria swept through our social services.
This was a total failure of "due process" and common sense with horrific results.
Sixteen children were kept in care without any contact with their parents for months and it took 10 years before the last child was released from care back to his family.
Was Justice Jackson gallantly trying to protect these women by sacrificing the family life of the Worthingtons - who have five surviving children - for the sake of Social Services, better known as the SS?
- 141. This is a more than usually troubling case. I have given anxious consideration to the question of whether the court's inquiry has been so degraded by the deficiencies in the initial investigation as to make it impossible to draw reliable conclusions. In the end, I have concluded that this is not the case in relation to the anal injuries. Unlike the position in relation to the broken leg, there is still a mass of contemporaneous information about the events of the night on which P died, even though procedures fell far short of good practice.
142. Shorn to its essentials, the situation is one in which a healthy child with no medical condition or illness was put to bed by her mother one evening and brought downstairs eight hours later by her father in a lifeless state and with troubling injuries, most obviously significant bleeding from the anus. Careful assessment of the meticulous pathological and paediatric evidence has clearly established that the injuries were the result of trauma from outside the body.
143. While, as already stated, the father is not called upon to prove anything, I cannot accept his evidence about the events surrounding P's collapse. I was not impressed by his account. His description of being woken by a cry and then removing P from her cot in a most unusual condition (clenched teeth, rigid body) before loosening her nappy and leaving her on the bed was puzzling. It is hard to understand why he should have loosened her nappy or why, having gone downstairs to get another nappy, he should have begun to go back to sleep without changing P while leaving her on the bed. There is also no explanation as to why he would then have reached out to touch P, when his whole object would on his account have been to keep her asleep as long as possible. Moreover, in the overall circumstances, the fact that this was the only occasion (according to the father) when he and P were in the bed together raises concern when taken together with the fact that P suffered injury on that very occasion. Overall, the sequence of events that the father describes is unconvincing as an account of a parent comforting a distressed child in normal circumstances.
144. I have observed the father, not only in the witness box but in the courtroom. In contrast to the mother, who became emotional at understandable points during the hearing, the father's presentation was unusual. He spent large parts of each day in tears and took every opportunity to make eye contact with me from the back of the court as a way of emphasising his predicament. I do not attach much significance to this behaviour during an undoubtedly emotional hearing, but it was nonetheless unusual in my experience.
145. It is not possible to reconstruct the exact sequence of events that led to P's collapse without a truthful account from the father. All that can be said is that at some point after 2 am he removed P from her cot and took off her pyjama bottoms and her nappy. He then inserted his penis or another object into her anus, causing her injury. He probably replaced the nappy, which P filled with faeces at some point before or at the time that she collapsed. The father then realised what he had done and sought help.
146. While it is true that what has happened in this case is extremely unlikely, the position is not to be compared with cases of sudden infant death that occur without any clear signs of abuse. As has been said elsewhere, there is no logical or necessary connection between seriousness and probability. The improbability of the father assaulting P in this way must give way to the evidence that establishes that she was in fact assaulted. As to the argument that this was a crowded house, the fact remains that the father had the clear opportunity to carry out the assault, however risky it might have been. On his own account, the presence of two very young sleeping children in his own bedroom did not stop him from watching pornography.
147. Nor am I influenced by the mother's description of hearing the father going to P. In the circumstances, this is the only normal interpretation that would be likely to occur to her. The most that I gather from the mother's evidence is that the father was moving about. Further to this, I think it likely that the father did experience P going rigid and gritting her teeth, but sadly this will have been in the context of an assault upon her.
148. The father's arguments about the absence of evidence deserve serious consideration. In fairness to him, I approach matters on the broad working assumption that any inquiry that should have been carried out, but was not, would have produced a negative result. For example, that nothing concerning would have been found on his laptop, that his DNA would not have been found in the last nappy, and that other items were properly preserved and tested with negative results. In the circumstances, he is entitled to these assumptions. Likewise, there is a credible innocent explanation for the presence of DNA on the shaft of his penis.
149. Nevertheless, even though Mr Scarborough would have expected further positive results following an act of anal rape, the forensic evidence does not exonerate the father in the manner claimed. Rather, it affects the probabilities and has to be set against all the other evidence.
150. With regard to the absence of P's DNA from the tip of the father's penis, this does not negate penetration by the penis as any DNA may have been lost by washing or ordinary movement; nor of course does it negate penetration by other means. The non-production of sperm that may have followed the father's vasectomy could reduce the likelihood of seminal fluid being detected, particularly as five days had passed before the swabs were taken in a suboptimal way. The absence of any report of P's blood in the bedroom or living room would seem at first sight to be highly significant, but has to be taken along with the evidence that clearly establishes that she was bleeding in the ambulance moments later.
151. These matters weigh heavily in the father's favour, but I find that, when placed in the balance, they are ultimately outweighed by the fact that P suffered injuries causing substantial bleeding from the anus and that she collapsed for no plausible reason. The only explanation for those stubborn facts is that she suffered anal penetration and the only person who could realistically have done this to her was her father.
152. I find that the father perpetrated a penetrative anal assault on P, either using his penis or some other unidentified object.
Is this what passes for "the rule of law" in Britain?
Is "the British rule of law" changing the rules while the game is still being played?
What is the most important rule of law that you can think of?
Surely it must be the right to be treated as innocent till found guilty after a fair trial?
Shall we allow members of the judiciary who seem to know more than they should about changing nappies than is thought proper for a High Court judge who forgets which court he is sitting in to ignore long-standing English legal traditions such as a trial by jury and the criminal standard of proof to convict a man of a crime?
@PrisonUK @TimesLaw "You've already been accused, people are disgusted by this crime so we might as well find you guilty."— Claire Khaw (@ntfem) January 20, 2016