Sam Knight
Win luxury hampers plus Waitrose vouchers & guidebooks

One of Britain's top judges was cleared today of exposing himself to a woman on a train.
Sir Stephen Richards, 56, who sits in the Court of Appeal as Lord Justice Richards, left the City of Westminster Magistrates' court a free man after being cleared of intentionally exposing himself to a fellow commuter twice on trains in south London last year.
A panel of three magistrates, made up of Timothy Workman, the senior district judge for England and Wales and two women lay magistrates, ruled there was no independent evidence to identify him as the guilty man. Mr Workman also criticised the British Transport Police for failing to carry out a thorough investigation.
Sir Stephen was charged under the Sexual Offences Act with two counts of "intentionally exposing his genitals intending that someone would see them and would be caused alarm or distress".
During the trial, the judge said he was astonished when he was arrested by police at Waterloo station in January after being identified by a woman in her twenties as the "very kind-looking" man who twice approached her on crowded trains with his flies undone.
The woman told police that she originally thought the man had mistakenly exposed himself but changed her mind when he came after her a second time a week later. On this occasion, she followed the man when he got off, taking pictures on her mobile phone and trailing him to near the Royal Courts of Justice in The Strand.
The judge's defence rested on mistaken identity and the design of the Calvin Klein underpants that he usually favours. Giving evidence yesterday, Sir Stephen said that he would need to use two hands to expose himself in the manner alleged by his accuser.
He also said it would make no sense for him to expose himself on the train he takes every day between Waterloo and Wimbledon, where he has lived most his life and is well known, not least as the chairman of the governors of King's College School.
"I cannot see how one could do what is alleged to have been done without the very high risk of being seen or detected by other passengers," he told the court. "For me personally the risk would be further and very considerable by the fact that so many people know me that are liable to use that service."
Dismissing the charges today, Mr Workman described Sir Stephen's accuser as an "honest and truthful witness" but said the police had not tried to find any evidence to corroborate the allegations, which dated from October last year, before arresting the judge.
"Had they done so, they would have been able to obtain closed circuit television from the train on October 24 and probably on October 16," he said. "That evidence may well have supported her identification and, equally, may have exonerated Sir Stephen."
"There was no supporting evidence obtained during the investigation," he concluded. "For this reason only, (we) reach the conclusion that the evidence is insufficient to meet the high standards required on identification and we cannot be satisfied beyond a reasonable doubt. The charges are therefore dismissed."
On the steps outside court, Sir Stephen said he and his wife, Lady Richards, were looking forward to resuming their normal lives.
"Throughout the trial I have put my trust in the legal process and I am delighted that it has enabled me to clear my name," he said.
The judge also thanked his family and friends for their support. In the stand, Sir Stephen had testified that he had a happy, fulfilled marriage and was fortunate to have a close and supportive family. "I am a happily married, family man and I cannot perceive deriving any form of gratification to exposing my penis," he told the court.
Sir Stephen, who was not been sitting on trials but has handled paper applications while his case was pending, works at the Court of Appeal and has presided over several high-profile cases, including the complaint brought by the family of Jean Charles de Menezes, the innocent Brazilian who was shot dead in July 2005 by police who mistook him for a suicide bomber.
Read the training tips and advice that helped our London Triathletes
Times Online's new TV show helps you make the right decisions for your pet
Read our exclusive 100 Years of Fleming and Bond interactive timeline, packed with original Times articles and reviews
The latest travel news plus the best hotels and gadgets for business travellers
Shortcuts to help you find sections and articles


Overseas contacts and local business information

A treasure trove of baubles, booty and stylish quests

Dubrovnik, the Dalmatian Coast and Montenegro
2007
£47,995
2008
£42,945
06/2006
£40,850
Great car insurance deals online
£33,000
Macmillan Cancer Support
Central/South West
£50k
NHS
Nationwide
£
£30k OTE
Meltwater News
Nationwide
circa £70k
Central Office of Information
London
5% below developer pre-launch price!
Luxury Appts, beautiful gardens w/ Thames views
Great Homes Available on a shared Ownership Basis
Great Investment, River Views
Visit the ‘entertainment capital of the world’
at great sale prices!
Christmas Cruises
From only £995pp
APTs East Coast now from only
£2425pp.
Great travel insurance deals online
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times. Globrix Property Search - find property for sale and rent in the UK. Visit our classified services and find jobs, used cars, property or holidays. Use our dating service, read our births, marriages and deaths announcements, or place your advertisement.
Copyright 2008 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Andrew Murray....you're out of order....read the comments made by the presiding magistrate before falsely accusing people of being liars in the witness box without holding sufficient evidence yourself to substantiate such wild tirades of slander. On the balance of probability the woman was correct and RICHARDS was guilty. However as the burden of proof required is 'beyond a reasonable doubt' then her evidence alone cannot find him 'guilty'. This does not mean he is innocent and she a liar, it just means that there is insufficient evidence to meet the high burden of proof required in the English and Welsh legal system.
John Jones, Birmingham,
Once again a classic example of "lets prosecute just in case!". There was no substantial evidence in this case; one eye witness account, the "victim" no less, was the entirety of the prosecution's case?! It is equal to standing up in junior school, point the finger and shout "he did it!". I honestly cannot believe the CPS took this forward; especially given the 99% burden of proof "beyond all reasonable doubt" needed for convictions in criminal cases!
Jake Jones, Cardiff,
Seemingly there never was enough evidence to prove a conviction beyond reasonable doubt. One persons word against the other (according to the senior magistrate hearing the case) still lacks certainty of success where the standard of proof is only on the balance is of probability. Imagine though the public outcry had the CPS declined to prosecute a Lord Justice for indecent exposure? The prosecution of Lord Justice Richards was therefore in the public interest. The trial has had the necessary effect of preserving the majesty of justice. Meanwhile there is no justice for the primary victim, or Lord Justice Richards. The moral of the story; if you are the victim of a crime, it is far better to immediately employ the services of the police than the investigative tactics of Ms. Marple
Rob Hannah, Manchester,
Perhaps some lawyer might explain why this case received a trial court made up of a Judge + 2 magistrates. This is not a normal arrangement for trials in Magistrates' Courts. Will this now be the pattern for the future?
Peter Hargreaves, Stockport, Cheshire, England
Here we see an example of one of our surveillance state's most predicted and predictably consistent 'coincidences': That of 'disappeared' video evidence.
It is reportedly alleged in this case, that video evidence from a surveillance camera was lost.
This 'losing' of video evidence by the police and the Crown Prosecution Service is a common occurrence.
A survey conducted in 2003 of Barristers and criminal defence solicitors on the question of 'lost' video evidence from police stations in Leeds, produced the consensus that it was a common occurrence for video evidence to 'go missing' in cases where such evidence was crucial to the defence.
Indeed, in one case two barristers were able to correctly predict, that the police/ CPS would conveniently 'lose' video tapes from two police stations, simultaneously, despite timely requests to preserve and 'not lose' it. The solution is to appoint a responsible, named person answerable to law, for the custody of such evidential data.
Sayat Singh, Harrogate,
Why did this woman not accuse him of indecent exposure on the train. Then there would be some other witnesses who could have come to give evidence too. Why did she follow him and take pictures.
Sonia, heswall, wirral
I bet the magistrates will get a nice promotion out of this one.They all look after each other in their drinking clubs in Pall Mall.If there was no CCTV then why did the CPS decide to prosecute.You cant blame the Police
joseph, hook, uk
What about the two photographs of the man? I don't understand whether the man in the photographs is this judge. The police must have believed he is, otherwise it wouldn't have come to trial.
Is this judge the man in the photographs or not?
Laura Roberts, London, UK
Indeed it is puzzling, why the B Trans Police did not introduce relevant CCTV footage. Is that the standrad practice in relation to charges of this nature? Though it is reported that Sir Richard was suspended pending hearing, it is widely reported that he did deal with applications on paper. What would happen if CCTV footage becomes available, or could the CPS have a right to appeal in a case like this?
Sheila Smith, Dartford, England
They really need to get some CCTV cameras installed at waterloo..
simon, london,
Are we now to learn the name of the accuser? If we are not, and I see no reason why we should, perhaps it would have been fairer if the accused had been entitled to anonymity until found guilty.
Richard, Manchester,
Can we now please name and publish a picture of the woman involved so we be on our guard lest we meet her on the underground and she decides to make more false accusations against innocent people.
Sickening, truly sickening.
Andrew Murrray, London, UK
I am puzzled at to why the woman who made this accusation is not named and why the case was allowed to proceed on such insubstantial evidence?
Alison Buckley, Chislehurst, Kent
shame shame shame
John Douglas, Oxford,
What would the lady have to gain by bringing a false allegation, is what I say? That is equally as valid as "It would make no sense for him to expose himself on the train he takes every day".
Men who do this sort of thing are always ready to take the risk for the gratification they derive.
As an elderly lady I apologise for the following, if it at all vulgar and offensive, but there was an old saying years ago that went..'A standing p**ck has no concience". And this could well be the case.
V.Curtis, Portsmouth, Hants
Till next time
hytron5, Liverpool , uk
Oh what a suprise, another person acquitted of a sex offence.
alex, manchester, uk
Hard to see why the prosecution was made- from newspaper reports it appeared that there was no independent evidence against the judge- just one person's word against another- so no way he could be found guilty beyond reasonable doubt. I really wonder why the CPS prosecuted given that their case appeared doomed from the start? It's really quite worrying- any of us can get caught up in such circumstances, and it appears that the transport police here failed to make any investigations- they just arrested the judge- perhaps they might enlighted the public as to why, and also why the CPS let them away with it? The whole handling seems most odd.
Doug, Glasgow,
Justice has been served. A true genitalman walks free, head and zip high and appendage secured. How dare they have accused him!
Dr R Allen, Canterbury, UK
1. Who was defending Lord Justice Richards?
2. The Police failed to collect CCTV evidence?
3. Then they KNEW it wasn't him.
4. This being so, there should have been an application to strike out the case prior to trial.
5. I should know.
6. I recently did this in The Crown Court.
AMS
Solicitor (Non-Practising)
AMS, Bristol, UK
The fact that British transport police did not pursue this diligently means that we will never know. I take my hat off to this young woman for pursuing this. Flashers are a common occurence and she had the temerity to see this one through.
But there you have it -it wasn't proved...just...
K, Brussels,