John Sweeney
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Accused. Tried. Convicted. Imprisoned. Freed. Accused. Tried. Acquitted. Angela and Ian Gay know the inside of the British criminal justice system better than most. Their four-year agony stopped on Friday when a jury in Nottingham found them not guilty of poisoning with salt Christian Blewitt, the blond-haired little boy they were in the middle of adopting.
Five million quid down the drain, a trial, an appeal and a second trial later, we all know that Angela and Ian are innocent. They didn’t torture their little boy by force-feeding him with 4 teaspoons of salt. Instead, the jury opted for natural causes — accepting the defence argument that there was something wrong with Christian. Specifically, that the bit of the brain that regulates the salt-water balance in the body, the osmostat, was faulty. Christian was like a diabetic who suffers a coma and dies, only it wasn’t his blood sugar levels but his salt-water balance that went haywire.
Since his death in 2002, the police, the Crown Prosecution Service (CPS) and then the prisoners that tormented the couple as child killers when they were banged up have all made a false assumption that it was deliberate salt-poisoning.
I tested that assumption myself by drinking a pint of water with 4 teaspoons of salt in it — and threw up immediately. Because I was making a film for Newsnight, I had to do it five times, mid-shot, close-up, long shot, and each time I vomited. Salt’s an emetic. At no time has anyone ever explained how the Gays got nature’s No 1 sick-making substance down the throat of a three-year-old.
Now it is the turn of the system that twice accused the Gays to account for its actions. The defences are already in: the police did their duty to investigate allegations of child abuse; the CPS say they were right to prosecute, twice.
There is strong evidence that the system is a serial offender, guilty of bringing false accusations of child killing, that it does not ask itself simple, common-sense questions, such as: “Was there a crime?” The system is so driven by a terror of letting another Victoria Climbié tragedy happen that it repeatedly prosecutes innocents on junk evidence.
The system’s first mistake is its failure to learn. We’ve been here before: Sally Clark, Angela Cannings and Donna Anthony were all falsely accused of child murder on the basis of flawed evidence. The man who gave evidence in those disastrous trials, Professor Sir Roy Meadow, wrote the seminal paper on salt-poisoning. Meadow did not give evidence in the trials of the Gays, but he laid the intellectual groundwork for the prosecutions. His paper on salt-poisoning, like his work on cot deaths, is dross. Jean Golding, professor of epidemiology at Bristol University, has compared Meadow’s scientific method to “stamp-collecting”.
The system’s second mistake is its failure to ask whether a crime took place. The attorney-general should spare time to read the notes of the original meeting of the experts, chaired by the crown’s junior barrister, Andrew Lockhart, before the first trial of the Gays. Nowhere does anyone ask, “are we absolutely certain that we have properly ruled out natural causes?” Instead, foul play was assumed.
Most criminal trials turn on the question: “Who did it?” When a baby or a young child dies, the same logic applies. But that’s crazy. Common sense, backed by government statistics, tells you that the great majority of infant deaths happen by natural causes. The question “who did it?” launches a hunt for perpetrators and knocks flat the primary question, “was an ‘it’ done?”
The system’s third mistake is to overvalue expert witnesses as demigods and write off friends and family as irrelevant. At the first trial, the crown’s lead expert on salt-poisoning was Professor George Haycock of Guy’s hospital. He did the calculations that said the Gays must have poisoned Christian with 4 teaspoons of salt. The Gays were convicted.
Enter Dr Glyn Walters, a retired chemical pathologist. He is an oldie with two hearing aids, but cross him at your peril. His calculations said: natural causes, a faulty or reset osmostat. Haycock told the Court of Appeal that he couldn’t knock down Walters’s numbers. The Gays were freed — but then told by the court that they had to face a retrial.
At no time did the crown ever put any weight on the good character of the Gays and their families. I got to know all of them a little after they were freed from prison. Their families are all patently good people. Ian and Angela are gentle and caring. She lost her womb to cancer when she was 16. That’s why they wanted to adopt.
How could it be that the expert Professor Haycock was relied upon so heavily at the first trial but dropped by the prosecution for the second? Meanwhile, the views of a score of the Gays’ family and friends were discounted at both trials. Could it be that one is a middle-class professor and the rest people with Black Country accents?
When a child dies of abuse, and the authorities have been judged to have bungled, all hell is let loose. A public inquiry often follows. But when the opposite wrong happens — a child dies of natural causes and their parents (natural or adopted) are falsely accused — nothing much takes place. So long as the system remains convinced that it hasn’t done anything wrong, we can be pretty confident that someone else will end up in prison for a crime that never happened.
BBC reporter John Sweeney has helped free seven people from prison.
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As I have a family member who treated the poor Christian, I can tell you that detached retinas and Haematoma were not reported at the trial.
ALL of the staff treating this boy knew it was mis-treatment.
But as we all know the law does not always get it right, ask OJ.
S. MacLean Birmingham
S. MacLean, Birmingham, UK
This case was so very complex that, to make any rash judgements based on the limited media coverage would be foolhardy. It was presented before a jury who heard the full facts - and based on that evidence found us not guilty. The original trial was based on conflicting medical opinion and character assassination. The retrial presented fresh medical evidence which the jury accepted - this new evidence (a rare but naturally occurring condition) certainly made more sense than force feeding a 3 year old child with salt without leaving any marks or bruises. Christian was diagnosed with "water on the brain" as a baby - a factor which cannot be ignored. Then there were the subscalp bruises which were dated as less than 2 days old, whilst Christian was in hospital for 4 days!! And of course we have the treating doctor who became a self proclaimed expert following some internet research - surely a conflict of interest! This prosecution was engineered by "hired guns" who got it wrong!!
Angela & Ian Gay, West Midlands,
My post keeps getting removed. I wanted to say that the 'experiment' to see if a biased journalist could keep down salt water was hopelessly flawed. You poison a child by depriving him of water and then giving salty drinks or you put it down a tube. The faulty osmostat diagnosis is a 'get out of jail' device rather like tempory brittle bone disease that only makes an appearance in a court room and not in casualty. Should your child be desperatly ill you would do well to seek out a practitioner of paediatric medicine rather than a chemical pathologist.Christian died suddenly, full of salt, and we will never know why but some of still care.
David Murray, huntingdon, cambridgeshire
I don't know all the details of the case, but I have two comments to make about Keith Baker's response. Firstly, though it may seem unlikely that a previously undiagnosed illness should have exhibited itself only after Christian was placed with the Gays, to infer guilt from this would be a clear example of the "Prosecutor's Fallacy". It needs to be weighed against the unlikelihood of the alternative scenario; namely that two intelligent people (who had passed through the full foster parents' selection procedure) would have been stupid and crass enough to inflict so bizarre a punishment. (Not to mention the difficulties they would have had getting the salt into him at all!) Secondly, it is quite clear why the "...other two foster children not now been retuned". We are talking about things that happened over FOUR YEARS ago - these kids are by now (I hope) permanently settled elsewhere, and to rip them from their adopted families would only compound the injustice.
Martin Tunnicliffe, Kingston-on-Thames, Surrey
Can someone please explain how a seemingly healthy boy up to the age of three is then fostered buy this couple and after a few weeks dies of a very rare condition that had never previously come to light?
Why did the mother go to work the very next day the boy was taken to hospital seriously ill?
Why did the father come straight home and leave his son critically ill in hospital?
I do not know the in depth details of this case but these simple questions do not seem to have been asked, why have the other two foster children not now been retuned to the couple if they are innocent of all charges?
Keith Baker, Nottingham, Nottinghamshire
Roy Meadow has good reason to want to deny child illnesses which could have been triggered by vaccine - as this child's condition coud have been. He was involved with the advice given to Government during the eighties when vaccine trials were taking place.
The big question for me is: why has he and others like him been allowed to add to the atrocity of causing damage to childrenthrough side effects of vaccines and other drugs by falsely blaming parents?
Anne, Surrey, UK
Sadly it is a fact that jurors rely heavily on evidence given at trials by 'expert' witnesses. I can vouch personally for that! The Tonight programme on ITV recently covered this issue.They showed how the surge in crime series' on TV, like CSI, affects the way viewers identify with forensic/scientific evidence. Forensic science has led to huge progress in solving crime and can be a very useful tool, but there is a risk that unrealistic portrayals in TV detective programmes seduce the public into believing it to be foolproof! There are growing concerns within legal circles that jurors' faith in forensic evidence can lead to miscarraiges of justice - indeed recent successful appeals are proof of this. So often the expert goes beyond his or her remit and neglect to tell the jury that the science is not exact. Because the jury are influenced by the qualifications spelt out before the evidence is given, they can be both baffled by the science and truly believe the evidence to be the truth.
Sue May, Royton, UK
Frankly I'm not fully aware of the fact-o-file and nitty-gritties of this crime, but there have been many a few cases where innocent people get falsely implicated due to system's fault , and at times the real culprits do get scot-free , due to inherent lacunae in our legal systems. So, when things ain't going our way, Blame it on system. But where lies the fault ?? Who creates the 'system', which works as well as malfunctions to the likes and dislikes of few....The fact of the matter is, we, as responsible citizens of any nation, are blame worthy of formulating such laws and legislations, which are not foolproof. At times criminals, and their legal-eagle attorneys are more apt and shrewd in reading between the lines of the act, and culling out some escape routes, to bypass the judgement. In India, we have one such legal expert who has gained an infamous reputation of acting as a 'Devils advocate' in handling such high profile cases, where the accused comes from upper strata of the society, did commit the crime yet is able to wriggle out from all this legal wrangles.
Sandy, New Delhi, India
A further element in these linked cases is that the treating doctor often makes the accusation and the police then proceed on the basis that they are acting on a firm opinion. Yet the treating doctor automatically has a conflict of interest because there is always the possibility of medical accident or even medical negligence, up to the limit of gross negligence manslaughter, or murder if one includes the likes of Harold Shipman. The treating doctor always has a theoretical motivation to accuse someone as a method of disguising their own errors, unauthorized experiments or malice.
But once again, Sir Roy's daft beliefs about the liklihood of parents murdering their own children are used to eclipse the logic that if parents can do it, then doctors would be more likely to do so as they are not related to the children. Basic heredity tells us that it is rarely sensible to kill one's own children except in cultural distortions such as parts of rural China and India.
D Samuel, Cambridge, England
"Christian was like a diabetic who suffers a coma and dies, only it wasnt his blood sugar levels but his salt-water balance that went haywire My family were one of the very few in U.K to have this, or something similar.
Nephrogenic diabetes insipidus.
Even though the family new about it, it was still virtually impossible to keep the balance right in my two nephews, who at the age of nine and ten had to dring 5 to 10 litres of water per day to keep the salt balance from sending them into a coma. Whisc, during the hight of summer, coulkd happen four or five times.
At 46 I personally have to drink between 15 and 20 litres per day.
If the prospective adoptive parents, and more importantly their doctors did not know this. Then it was indeed an accident.
Consider, when I was last in hospital to have it tested, there were only two or three specialists in this kind of diabetes in the whole of U.K!
Ragnar Vagmornasson von Brandenburg-Preußen, Berlin , Preussen/Germany
It was reported that Christian had, presented to hospital on serveral occasions, in his young life, prior to being put up for adoption. It was also reported that as a baby Christian has a condition, which caused fluid on his brain.
Why didn't the initial investigation consider that there could be No Crime, involved in the tragic death of Christian?
It is the quality and accuracy of the 'Child Abuse' investigation which should be scrutinised in this case.
The only comparison with the Victoria Climbie Case is the seemingly inability, in both cases, to investigate child abuse allegations or child abuse suspicions with any expertise.
Tessa Boo, London , W11 1NR