Letter to the Attorney General
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 wasnt 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 1970s 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
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 wasnt 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 1970s 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
