Suspected misconduct in public office by Lowell Goddard

In February I wrote to Justice Lowell Goddard expressing a number of concerns regarding her upcoming appointment as Chair of the Child Abuse Inquiry.

A copy of that letter can be read here:
Request to Justice Lowell Goddard that she withdraw or resign as Chair (Designate) of the Child Abuse Inquiry

On 20th April the Secretariat of the Child Abuse Inquiry responded to my letter and, in my view, wholly dodged the serious issues I had raised with Justice Goddard.

Today I have written to Assistant Commissioner Helen King of the Metropolitan Police Service expressing my concern that Justice Goddard may have committed the common law offence of Misconduct in Public Office.

The text of my letter to Assistant Commissioner King is here:

12^th May 2015

Assistant Commissioner Helen King

Metropolitan Police Service

New Scotland Yard

London

SW1H 0BG

Dear Assistant Commissioner,

Misconduct in public office by Justice Lowell Goddard

I am writing to report to you as a constable suspected misconduct in public office by Lowell Goddard.

The basis of my concern is

1.       that Lowell Goddard has persisted in a post of Chair of the Child Abuse Inquiry when she has cause to know that her occupying that post is unlawful and

2.       that Lowell Goddard made a false statement to the Home Affairs Select Committee and has wilfully allowed the Committee and the public to be deceived

Brief background

On 4^th February 2015 the Home Secretary Theresa May announced that Justice Lowell Goddard was, subject to a pre-appointment hearing by the Home Affairs Select Committee, to be appointed as Chair of the Child Sexual Abuse Inquiry.

Following an irregular and visibly inadequate pre-appointment hearing by the Home Affairs Select Committee, the Home Secretary confirmed Justice Goddard’s appointment.

On 23^rd February 2015 I wrote to Justice Goddard expressing serious concern on a number of points which included the following:

1. That Justice Goddard could not lawfully be appointed as Chair of the Child Abuse Inquiry
2. That Justice Goddard had lied to the Home Affairs Select Committee during the pre-appointment hearing.

A copy of my letter of 23^rd February 2015 to Justice Goddard is available online here:

http://ukchildabuseinquiry.blogspot.co.uk/2015/02/request-to-justice-lowell-goddard-that.html

The only response on this matter was a letter dated 20^th April 2015 from the Secretariat of the Child Abuse Inquiry in which I was told that Justice Goddard’s appointment was a matter for the Home Secretary.

In my view it is also a matter for Justice Goddard whether or not her appointment is unlawful.

Further it is a matter for Justice Goddard whether she made a false statement to the Home Affairs Select Committee and left it uncorrected.

Concerns about the Queen

Is the Queen a patron and protector of paedophiles?

That seems to me to be a hugely important question which the Child Abuse Inquiry must address.

There are multiple areas of potential concern regarding the Queen.

None of those has, so far as I’m aware, been transparently investigated in a thorough manner so as to provide reassurance to the public that the Queen is not party to the concealment of sexual offences against children.

There are, for example, persistent allegations that Anthony Blunt was a paedophile active in Northern Ireland, and possibly elsewhere, with a group of other powerful members of the establishment.

It is reported that Blunt’s paedophile activities were part of a deal with MI5 removing any risk of his future prosecution.

Reports indicate that the Queen was aware of Blunt’s espionage as far back as 1964. Was she also made aware of his paedophile activities at that time? Was the Queen also party to concealment of his alleged paedophile activities?

If the Queen hadn’t in 1964 helped cover up Blunt’s espionage would a VIP paedophile ring have been caught then?

Would alleged child abuse and alleged child murder by a VIP paedophile ring have been possible in the 1980s if the Queen had acted to expose Blunt in 1964?

The Wanless Report also found a document relating to paedophilia at the Palace. What did the Queen know about those alleged paedophile activities? Were they ever properly investigated? Did the Queen play any part in any cover-up of those serious allegations?

In addition there are allegations regarding Lord Mountbatten that he may have been a paedophile, possibly including Northern Ireland and Kincora. What, if anything, did the Queen know about Mountbatten’s alleged paedophilia?

Further, there are reports that the Queen Mother turned a blind eye with respect to possible sexual offences by one of her servants. The question arises as to whether multiple members of the Windsor family assisted in concealing sexual offences against underage individuals.

The question of whether or not the Queen has been a patron and protector of paedophiles for decades must, in my view, be addressed comprehensively and transparently by the Child Abuse Inquiry.

An unprecedented situation?

My view, as stated in my letter of 23^rd February to Justice Goddard, is that she cannot lawfully head an inquiry constituted in the context of the Inquiries Act 2005.

Given the response of 20^th April 2015 it seems to me that Justice Goddard is holding a public office knowing, or having cause to know, that her holding that post is unlawful.

It seems to me that Justice Goddard’s actions are a serious breach of public trust and thus may constitute the common law criminal offence of Misconduct in Public Office.

However, I am unable to locate any case law which sheds light on the circumstances of Justice Goddard’s perceived misconduct.

The elements of misconduct in public office

The Crown Prosecution Service sets out guidance for charging with respect to the common law offence of Misconduct in Public Office.

In expressing my concerns I will briefly consider whether the criteria expressed in the Crown Prosecution Service Guidance are satisfied with respect to Justice Goddard’s perceived misconduct.

1. A public officer – Justice Goddard was appointed by the Home Secretary to a position defined by statute, specifically the Inquiries Act 2005. I conclude that Justice Goddard is a Public Officer.
2. Acting as such – The response sent by the Child Abuse Inquiry indicates that Justice Goddard had considered the issue, in all likelihood after her appointment by the Home Secretary. I conclude that Justice Goddard considered the serious concerns that her appointment was unlawful while Chair of the Child Abuse Inquiry.
3. The letter of 20^th April 2015 indicates that my letter of 23^rd February 2015 was considered by Justice Goddard. I conclude that her continuing unlawfully in the post of Chair of the Child Abuse Inquiry shows at a minimum wilful neglect or misconduct.
4. Does Justice Goddard have a reasonable excuse or reason for continuing unlawfully as Chair of the Child Abuse Inquiry. In the letter of 20^th April no rebuttal of my belief was offered. Nor was any explanation provided for Justice Goddard’s actions. Further I can identify no reasonable excuse for Justice Goddard’s failure to resign as Chair of the Child Abuse Inquiry.

Misleading Home Affairs Select Committee

As expressed in my letter of 23^rd February 2015 I believe that Justice Goddard gave a false statement to the Home Affairs Select Committee during her pre-appointment hearing.

I raised that issue with her in the letter of 23^rd February.

She has not corrected her false statement.

I conclude that Justice Goddard has deliberately misled the Home Affairs Select Committee and the public.

Typically, false statements to a Select Committee are dealt with as potential Contempt of Parliament.

In this case it seems to me that a false statement to the Select Committee which Justice Goddard  allowed to lie uncorrected is also a breach of public trust by Justice Goddard of such seriousness that it may constitute another count of misconduct in public office.

I ask that you carefully consider whether Justice Goddard’s perceived false statement to the Home Affairs Select Committee constitutes a further count of Misconduct in Public office.

Making a statement

I am willing to make a statement on these matters at a Police station convenient to myself, given reasonable notice.

Distribution

In view of the public interest in these matters this letter is a public document.

Letter to Justice Goddard

I am also writing to Justice Goddard informing her of this letter and its contents.

Should I be mistaken in my view that Justice Goddard’s appontment is unlawful she may wish to take the opportunity to make a public statement on this matter pointing out any errors in my analysis of this matter.

Alternatively, should she agree I have made out a cogent case that her appointment is, or is likely to be, unlawful then Justice Goddard may wish to take the opportunity to resign as Chair of the Child Abuse Inquiry.

Actions requested of you

I ask that you record a suspected crime of Misconduct of Public Office with respect to the perceived Misconduct in Public Office by Justice Goddard.

There are two perceived counts:

1. That Justice Goddard continues wilfully in a public office knowing, or having cause to know, that her appointment is unlawful
2. That Justice Goddard wilfully misled the Home Affairs Select Committee, having made a false statement to the Committee and failed to correct the false statement

I ask that you provide me with the Crime Reference Number. I have briefly set out what I take to be the “points to prove” with respect to what I understand to be a “state-based crime”.

I look forward to hearing from you.

Yours sincerely

(Dr) Andrew Watt

Enc.

Letter of 23^rd February 2015 to Justice Lowell Goddard