Caroline Goodwin KC

PROFESSIONAL CRIME

Operation Everest: Prosecution case reliant on super grass evidence. A series of 4 trials conducted over two years, involving undercover officers, arguments as to RIPA, drug importation. shootings, extreme violence.

Gang violence, including Street Shooting in Birmingham, linked to gang and drug violence.

OPERATION SEABROOK (Trials 2019 – 2024)

This was a multiple complainant, multiple defendant trial, dealing with two separate defendant’s, in two separate trials, who were in positions of responsibility and were employed by the state.

The defendants faced allegations of a sexual and violent nature as well as somewhat unusual charges of Misconduct in a Public Office arising from employment as prison officer at Medomsley Detention Centre in the 1970s and 1980s.

The original case summary provided by the Crown spoke of ‘a deluge of serious allegations, of over 1400 complaints and/or reports amounting to ‘widespread institutionalised violence and a culture of abuse’

In respect of each of the complainants, the Crown provided material from a number of different sources including criminal records (from the Police National Computer and Microfiche), medical and mental health services records; documentation arising from linked civil and Criminal Injuries Compensation Authority proceedings and historic personnel files.

The aforementioned material was used and deployed in a number of ways:

1. Forming the basis for questions (both in chief and in cross-examination) for complainants and other witnesses during the course of live evidence before the Jury,
2. Inclusion in the jury bundle;
3. It formed the basis for a number of entries in a lengthy and comprehensive agreed facts document;
4. Being read to the jury as agreed and/or unchallengeable evidence;
5. Witness summons applications;
6. The identification of defence witnesses who were ultimately called to give live evidence before the jury.

The Crown also provided material which arose not only from the wider Operation Seabrook enquiry but also from the earlier investigations in to abuse at Medomsley Detention Centre. This included initial accounts, interviews of other suspects, ID procedure documentation and surviving records from the Detention Centre itself.

The material formed an essential part of the case for the following reasons:

1. A central part of the prosecution’s case was the vulnerability of the complainants which arose by virtue of their age and incarceration. Both Crown and Defence utilised material that demonstrated the background to the complainants. This included the legal files associated with compensation claims which expanded upon the conflicted lives that some of the complainants had lived. They were leading chaotic lives at the time of the alleged offences and sadly at the time of complaint over 35 years later. This including buying drugs, engaging in violence and being in trouble with the police. The complainants gave direct evidence that this was because of their treatment at Medomsley. The defence, using the material provided, relied upon differing accounts being given by the complainants as well as medical and mental health records which undermined the allegations against the defendants. This was essential as the credibility of the complainants was very much in question.
2. The existence of the material and the police enquiry that was opened up in respect of Medomsley led to a plethora of compensation claims. It was a central plank of the defence case that the claims were motivated by financial gain. Applications had been made for compensation by way of Criminal Injuries Compensation Authority claims or civil proceedings against the Home Office/ Ministry of Justice.

The approach to the case required a deal of skill  to ensure that material was marshalled in such a way that the trial process was not hindered.

Trial 1: Defendant acquitted of all allegations of sexual abuse.

Trial 2: Complex and interesting issues as to fitness to stand trial. Tried in absentia.

Defence: School teacher, Head of department accused of sexual misconduct, breach of trust – acquitted

Defence: Footballer – case discontinued before matter reached trial

Defence: senior national equestrian  – accused of sexual misconduct with a trainee, case discontinued

Conducted numerous successful prosecutions of sexual cases with persons in positions of authority including teachers and medical personal

DISCLOSURE

Drive by shooting – Principal defendant, four arrested. Case thrown out after detailed legal argument and submissions over a three week period.

Significant failings in disclosure and mismanagement by the police.