Minette Marrin
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Sally Clark died on Thursday night of a broken heart. It was broken by the failings of the criminal justice system. Precisely what caused her heart to stop that night is something her family has not spoken about, but they hardly need to.
She died because she could not recover from the terrible wrongs that had been done to her. She is the woman who was jailed in 1999 — wrongly, inexcusably and largely on the expert evidence of Sir Roy Meadow — for killing her two baby sons. While awaiting trial she gave birth to a third son. She lost him, too; he was taken away from her, before she had been found guilty, and given to foster parents.
After losing an appeal and spending more than three years in prison, she appealed again because her husband had unearthed important evidence and her conviction was overturned in 2003. She went home and her long-lost son was returned to her but her ordeal was not over. A self-appointed expert, Professor David Southall, then publicly accused Sally Clark’s husband Stephen of murdering the two boys. Finally Southall was found guilty of serious professional misconduct, and the Clarks were at last left to try to recover. Mrs Clark never did.
It is a heartbreaking story. Imagine the misery and the despair, as a mother, of suddenly losing your newborn babies, one after the other, only to be accused of killing them, of suddenly being surrounded with suspicion and contempt. Imagine the agony of having your only surviving baby, only 10 days old, torn from your breast and given away to strangers in case you murdered him, too. Imagine the horrors of prison and the vicious abuse of fellow prisoners, who always persecute child killers. Sally Clark was so damaged by her time in jail that she was unable to speak about it. It would have been bad for a woman who was unbalanced enough to have killed her babies. For a woman who was innocent it must have been intolerable. Sally Clark could not bear it.
Her trial turned on whether two such deaths could possibly be a coincidence. Two points were crucial. One was the evidence of the expert witness, Professor Meadow, a man who has since become notorious for his part in this and other similar cases. He opined that the probability of two natural and unexplained cot deaths in a family was 73m to 1. He also, such was his sensitivity to the situation, compared the odds to that of a punter successfully backing a horse at 80-1 in the Grand National four years running. How terrible it must have been for Sally Clark to listen to this bluff stuff in court. Much later the Royal Statistical Society and other experts argued that the odds were in fact closer to 200-1; a less self-assured man than Sir Roy would not have blundered into statistics he neither knew nor understood.
The other point was the inexplicable failure of another expert witness, Alan Williams, the Home Office pathologist, to disclose centrally important medical evidence; his tests showed that one of the babies had lethal levels of bacterial infection in his blood, indicating that he died of natural causes but — incredibly — neither Mrs Clark’s defence team nor the jury were shown these results. It is only because her very persistent husband managed to unearth this crucial evidence later on, that his wife’s second appeal was successful and firmly rejected Meadow’s evidence.
Two years later Sir Roy was found guilty of serious professional misconduct and straying outside his remit of expertise by the General Medical Council and struck off the medical register. Both these judgments were later overturned on appeal — another blow for the Clarks, I imagine.
All this is bad enough. Quite apart from killing Sally Clark, the criminal justice system in this case has been brought into disrepute by incompetence, arrogance, inattention to detail, more than a whiff of cronyism, and above all a glaring lack of common sense. What makes it still worse is that it is not an isolated case. There are several other horrifying examples of parents wrongly accused of harming their children.
A recent one is the story of Christian Blewitt whose adoptive parents were accused of torturing and killing him by force-feeding him teaspoons of salt — something that common sense will tell you is almost impossible to do, because it instantly induces vomiting. Common sense would also wonder why two intelligent, sensible and normal people, who had recently been through all the scrutiny of adoption vetting, might want to hurt their little boy and in such a bizarre way; it is after all most unlikely. After a terrible four years of torment, in and out of courts and jails, the parents were finally acquitted in a second trial, after the jury accepted evidence that Christian had abnormal blood salt levels which could have killed him.
It seems that the system is incapable of learning from experience. Nearly 20 years ago, there was a very ugly case in Cleveland, in which many parents were separated from their children on suspicion of sexually abusing them; the evidence came from one obsessional woman doctor. The parents were found innocent in the end, but some of them didn’t see their children for years. In the inquiry that followed, the then Justice Elizabeth Butler-Sloss warned against excessive reliance on expert opinion without corroborative evidence. The same warning still needs to be made and heard.
In particular, too much deference is paid to expert medical witnesses. In a court of law one should be sceptical about everything and everybody, not least experts who may, as a result of their eminence, lack the modesty scientists ought to feel in the face of scientific complexity and uncertainty.
The best doctors are constantly aware of their own ignorance, and the way that theories and fashions in medicine are constantly changing. Because lesser doctors are not, however eminent and expert they might appear, every expert medical view in court should be corroborated by an independent expert, or thrown out (right or wrong). That, in turn, should be corroborated by other evidence, or ignored.
In the case of child abuse, moral panic seems to set in and people are tempted to believe the worst without proper evidence. The results are all too often tragic.
Minette Marrin is a journalist, broadcaster and fiction writer. She is a columnist for The Sunday Times, and has also written for The Sunday and Daily Telegraphs and The Spectator and The Asian Wall Street Journal. She regularly contributes to television and radio programmes
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OK, so it's up to the bolshy Australian to say it. A lot of 'experts' are pompous idiots. They are off with the fairies, cut off from reality, and bound up by delusions of their own grandeur. Dodgy. And why is the prosecution never prosecuted for witholding crucial evidence, that proves innocence?
Paul Francis, Brisbane, Australia
Trial by the Press and the inability of public officials to understand either the remit or limits of their duties are part of a complex equation that can often lead, as is the case here, to a total miscarriage of justice. What is important is that we actually learn from each case and it is this very incapability displayed here of being unable to do that that has to be rectified, publicly, visibly and tangibly for the victims.
David , Manchester,
I am stunned by the death of a fellow sufferer. I too lost my life to a miscarriage of justice. No-one apologises how can they for calling you a murderer. No-one prepares you for life 'outside' there is no preparation you are caught in a time warp where everything you do is point-less. The justice system should be ashamed that they have caused a death by arrogance. I live a pointless existance, when once I was a useful professional.
amanda jenkinson, nottinhamshire,
The tragic Sally Clark case contains another statistical blunder. Even if the probability of a double cot death was 1 in 73 million this does not mean that the chances of Sally Clark being innocent would be 1 in 73 million. This error is known as the Prosecutor's fallacy.
Roy Meadows said that it would be like backing an 80:1 winner of horse races four times in a row. Well, a few luck people people DO win multiple bets in a row. This does not mean that everyone who wins four bets in a row is a cheat.
Steve Horn, Bo'ness, UK
It is sadness beyond belief that Sally has now died at the age of 42.
Is it normal to die at this age? No!
Do the medical authorities know the cause of her death? No!
On a visit to a family in England - a little village near Sandringham - the family told me that of 37 schoolfriends only 4 were still alive - also of this ame age group.
The question must be asked why are so many dying so young? And why do pathologists say - We dont know why?
When it came to punishing Sally for the death of children there was no doubts or maybes. Sally was found guilty of 2 murders.
Dr Denise Wolstenholme supports this tyranny and advises us that to believe Sally is innocent is wrong.
The tests in the Cleveland scandal showed half the mothers in the area abusing children and the torture stopped only when the deputy police constable was asked to arrest his boss for the same offence.
And what was this test to sho people sticking fingers into bums?
The test was for the doctor was the same! Aaaaargh!
John Fryer, Dinan, France
How tragic. Like so many others, Mrs. Clark was subjected to the worst nightmare of any real parent. "Expert" witnesses, especially in cases such as these, use tactics that border on the silly. Most of them are just narcissistic hate-mongers that spread their propoganda filth with "sensitivity" has their universal shield to block criticism.
May Mrs. Clark rest in peace, and be the mother she wanted to be in the next life. May Mr. Clark's grief not lead to another tragedy.
Matt, Philadelphia, Pennsylvania, USA
Hope this doesn't mean the Criminal Justice System and thus the government have been absolved of culpability, and relieved of any obligation to make financially recompense. Not that it will help Sally Clark, but a record compensation payment of several million pounds might make them a little more careful in future. Face it, if a solicitor can be railroaded in such a miscarriage of justice, what hope is there for the rest of us? (Make that you; I've vowed never to set foot in the UK again.) Also, heads need to roll, starting with Prof. Sir Roy Meadow. Then those responsible in the police service, CPS, the Criminal Justice System, Social Services, Prison Service must be identified and punished. Time to clean the stables.
Andrew Milner, Yokohama, Japan
I have read with great sorrow, and not a little anger, the sad tale of the tragic parents. The column does contain another powerful message, that of the danger of slavish reverence to 'Experts'. Does this not have some relevance in the current 'Debate' on Climate Change?
John Bailey, maidenhead,
Such miscarriages of justice occur because there are usually little or no consequences for the prosecutors, witnesses, and judges that are responsible for them. This is a fatal flaw in the judicial systems of most countries, including the UK and USA. Unless or until this is corrected, everyone should be aware that they are vulnerable to false accusations. It is sad that normal, sane, innocent people must live an almost paranoid existence, but it is necessary and prudent.
Stefan Stackhouse, Black Mountain, NC, USA
Dr Wolstenholme.
A lot of what you say is true,but it does not alter by one iota the appalling negligence and utter stupidity of the authorities in this dreadful case.
Sally Clark was INNOCENT Doctor,and members of your profession share a huge part of the guilt for the harassment and torture of this poor lady.
Meadow is a disgrace to the medical profession, and the fact that he has been 'cleared' is a stain on the escutcheon of medical ethics in this country.
There are far too many pompous, overwheening, arrogant upstarts like him in the medical establishment.
Cases like this make me ashamed of my Country.
Michael Rigby, Blackburn, England
One cannot say if Mrs Sally Clark died as a consequence of her legal ordeal. It may have been the reason for her death, but one lacks the instruments to measure such effect to the point of inequivocally affirming that one thing took to another. To do so would be equivalent to Sir Roys wrong assessment concerning cot-death probability which drove justice in the wrong direction.
Human society proceeds through processes of trial and error, quite often unconcerned of the harm it may cause. By simple common sense and extrapolations accepted by most, the number of Sally Clarks far exceeds any prudent estimative.
I ask forgiveness from Sally, on behalf of those who sent her into prison, kept silence when it was required to question, or looked elsewhere to avoid the sense of guilt by omission. I praise her husband who had both the courage and the sense of loyalty to support Mrs Clark at the worst of times. As usual, tragedy throws light upon the extremes of human behaviour.
R Nunez, Caracas, Venezuela
Might we have some comment from the original Defence barrister/s as to why Meadows' statistics were not picked over with a 'fine-tooth comb'? Maybe the Royal Statistical Society should have been called to refute this error at the time.
Will, Heath,
Error of justice is the worst injustice.
L.B., Orange, France
May God rest her soul in peace.
That's the only thing I can think of.
D M Ajayi, London,
So sorry when I heard the news of Sally Clark.
How are these people be allowed to destroy innocent lives in this way.
Remember Karen and Mark Haynes - Their 1st baby, a boy, died mysteriously aged four months. Their 2nd, a daughter, was taken by the authorities when she was 20 minutes old after Doctor Professor Sir Roy Meadow accused Karen of suffocating her firstborn. Later after FOUR medical experts disagreed with Meadows evidence Karen was exonerated by a police inquiry and not charged with murder. But despite this the baby was still put up for adoption. The couples 3rd child known as S was taken into care soon after her birth last July. Her parents are fighting to have her returned to them but sadly as given up hope of having their other child back.
And Southall who accused a mother of MSBP after taking her sick dogs to the VETS Social Services took her three children into foster care for months before she was cleared of any wrongdoing.
Its a disgrace.
Layton Bevan, Neath, Wales
Bless her soul,
at least she is with her babies. but her husband poor guy, what can you say.
innocent in my eyes.
Donna Coniglen, bradford, w. yorks
Not only mothers, fathers too are serving or have served time for falseallegations just as horrendous and by the same experts. My husband is one of them serving life for a crime he did not commit and can't come to terms with being accused of killing his baby.
*Megan*, Wales,
Was the statement by Meadows that the probability of two cot deaths in one family was 73 million to one ever challenged? Was he ever asked to explain how these odds could be arrived at? And if not, why not? Is it a case of 'expert witnesses' being taken at face value? And Meadows is still practicing. My God not forgive him.
geoffrey speller, HaleBarns, UK
I was incredibly saddened to hear of the death of Sally Clark and my heart goes out to her poor husband and family who now have yet another tragedy to endure.
Someone said above that it is a fact that some parents hurt their children. Yes I understand this, but does that really mean that every parent of a dead baby or who takes an injured child to A&E has to be treated as if they're the prime suspect in a crime that hasn't even been established to have been committed? When I had a call at work from my 3 year old's private day nursery to tell me he had fallen and broken his arm I collected him and took him to hospital. Despite being accompanied by one of the uniformed nursery nurses, I was still questioned repeatedly by the staff who clearly thought I must have done something to him. One doctor even said into his dictaphone "...the Mother CLAIMS she wasn't there..." right in front of me. Unfortunately, as must often be the case, I was too shaken and upset to defend myself.
Karen Barker, Derbyshire, UK
Yeah, but what about the many thousands of children Professor Meadows saved working as a paediatrician??? I think its a bit drastic to say he should be sent to prison or that his actions were unforgiveable. All he did was give incorrect evidence which unfortunately led to alot of misery and upset for the Clark family. My condolences go out to the family, but I think we should stop using Prof Meadows as some sort of scapegoat.
Anna Lyons, Newcastle, England
This article sums up the situation wonderfully. I was shocked when I read about this. I realize that even if one reads about this kind of thing, one cannot imagine what people like Sally Clark have actually been through.
One can only hope that this tragedy would awaken the powers that be to the need to do something to prevent this kind of thing from happening, rather than passing laws which make miscarriages of justice even more likely to happen.
Alan Sillitoe, Issy les Moulineaux, France
Those women who are driven to harming their young children have been failed by society. Those who do not harm their children face being failed by the criminal justice system. Witch hunts will not end child abuse, effective support and education for parents would go some way to addressing the problem. Post Natal Depression needs to be talked about at the pre natal stage and parenting skills classes should be provided. It is common sense, make parents aware then they can seek help. Isolation and ignorance are the real baby killers.
Liz Weltzien, Lancaster, Lancashire
This is a tragic story. Meadoews should have been sent to prison for the misery he caused so many. His actions are unforgiveable.
asbeal, Auckland, N
What a tragic end to a mother's life. Yes there are lessons to be learnt, but will the powers that be face up to reality. So called expert witnesses are becoming more common and without reproach. The who system needs to be analyzed and faults addressed.
Hamad Lone, Thornton Heath, England
Another terrible loss for this family, my heart goes out to them all. One wonders, however, how many more people are suffering after being convicted on the say-so of so-called experts. Don't these people know what responsibility is?
Wilma Prins, Nieuw-Voseemeer, the Netherlands
Why do you insist on using phrases as "on the expert medical evidence of Sir..." when you know darn well it should read "on the so-called expert medical evidence of Sir..."... ( or so-called medical experts)
I think for the same resons you won't print this
ed bradbury , bournemouth, dorset bh91aj
Perhaps we need a Public Inquiry into the Judicial System with Judges taught to handle trials better and not acquiesce in lawyers cajoling "expert witnesses" into unsupported statements.
The game of "expert witnesses" allows lawyers to escape responsibility for cooking verdicts before trials and hiding evidence. It is the Judge who was clearly asleep at the wheel, if an expert witness had claimed pigs could fly no doubt that would have been accepted by the ever-so astute lawyers too ?
TomTom, Leeds, England
As someone who has worked in the child protection 'industry' for many years I find the essence of this report to be naive, romantic, draconian and essentially dangerous. Unpaletable as it may be, parents/carers of all denominations (birth, adoptive, foster, step) do on a regular basis in the UK seriously abuse their children. Many such incidents resulting in the death of the subject child. Particularly concerning in this article are references to 'common sense' and the inference that intelligent, sensible, normal people are "most unlikely" to harm their children. This suggestion, that parents with such attributions are less likely to harm their children has no basis in fact. Child abusers do not wear funny hats or sprout horns - they are in the main intelligent, sensible, and normal people. The more intelligent among them being often the more dangerous since they manage to avoid detection for longer thus perpetrating more damage against those they are supposed to nurture.
Dr. Denise Wolstenholme, Charente, France
I was truly shocked by the death of Sally Clark. My family suffered false allegations and we were treated as guilty right from the start. The professional witnesses should never be allowed in court. They only have opinions based on theories. I have been inside the fa,ily courts too and opinions are taken as fact and many fathers lose contact with their children because of these expert witnesses. False allegations are a money making business for the UK.
Sally Clark's family should be awarded a medal for being so brave.
I never met Sally Clark but I was so proud of her. The system murdered her and for this they must pay
Mary, Dagenham, UK
As someone who is very familiar with this case, having repeatedly used it as an example of the failings within our Criminal Justice System when lecturing to my Forensic Psychology students, I was deeply saddened to hear about the death of Sally when tuning into the news early yesterday morning.
I shed tears and felt angry not only for her, her husband, her family, but also for the other victims of such dire miscarriages of justice.
The only shred of comfort we might take away from this tragic series of events, is the fact that the pomposity and arrogance of some expert witnesses is now being viewed in the same way that Elizabeth Loftus described eyewitness testimony back in the early 1970s - 100% confidence does not mean 100% accuracy.
Kerry Heathcote, Daventry/Northants, England
I am devastated by the news of Sally's death and remember also Debbie Storey also of Essex who died around 15 months ago of false accusation of MSBP.
And two children of other families who have died of medical negligence because of false accusation against their mothers.
I remember also the countless families (including my own) whose lives have been turned upside down by injustice and misunderstanding based on the flawed theories of Meadow and Southall.
On this Mother's Day let us remember all mothers of sick or dead or disabled children who have been hounded by an inherently corrupt system which prefers not to understand the reasons for childhood illness, disability and death but prefers instead the easy option of "lets blame the mother".
jan loxley-blount, london, uk
We hear so much about human rights - it seems the people who don't deserve it thrive on their ability to use this system. What rights did Sally Clark have, at the end of it all, it boils down to the fact that her life was ruined by so called 'expert' witnesses, hired guns paid to do a job with no thought for the consequences. I hope her death will be on their conscience, somehow, I doubt it will. I feel for her family, for Sally the pain was too great, for her family it will live on.
Ross, Bacup,