Wednesday 28 March 2018

Worboys stays in jail... for now: Victory for black cab rapist's victims as they overturn the decision to free him - but he could still be released in MONTHS when Parole Board reconsiders case


  • High Court judges overturn parole board decision to free the serial sex attacker
  • They order the parole  board to hold a new hearing of his case to be released
  • Parole Board chairman resigns just minutes before the bombshell ruling today
  • Justice Secretary calls on parole board to make changes to the way it works
  • Government comes under fire for not bringing the case and leaving it to victims 

  • Black cab rapist John Worboys is to stay in jail for now following landmark legal action by two of his victims 

    Victims of black cab rapist John Worboys hugged in court today after winning a landmark case to overturn the decision to free him.
    One woman, who can only be identified as DSD, said she was 'absolutely thrilled' with the High Court's ruling, but felt she and other women had been 'let down' by the justice system. 
    Judges ordered the parole board to review the 'flawed' previous decision to release the serial sex attacker, which will happen in the next few months, meaning the 60-year-old will remain behind bars for now.
    Just minutes before the judgement was read out, the chairman of the Parole Board, Professor Nick Hardwick, was sensationally forced to quit in response to the scandal.
    One of Worboys victims said after the ruling: 'It is the whole system that has failed. I feel like I have been let down at every step. As victims we should have been supported and not having to fight every step of the way in court.' 
    Worboys was only prosecuted for attacks on 12 women but police believe he may have more than 100 victims. 
    Judges today found that parole board should have looked in greater detail at his offending. 
    There is now calls for prosecutors to bring new charges after the sex attack, with a number of further complainants said to have come forward in recent months.

    One of Worboys victims said after the ruling: 'It is the whole system that has failed. I feel like I have been let down at every step. Pictured, a victim of Worboys speaking to Sky News
    One of Worboys victims said after the ruling: 'It is the whole system that has failed. I feel like I have been let down at every step. Pictured, a victim of Worboys speaking to Sky News

    Professor Nick Hardwick was forced to stand down as the chair of the Parole Board today
    Professor Nick Hardwick was forced to stand down as the chair of the Parole Board today

    Worboys raped his victims after drugging them with wine while giving them lifts homeWorboys raped his victims after drugging them with wine while giving them lifts home
    Worboys raped his victims after drugging them with wine while giving them lifts home
    Harriet Wistrich, solicitor for one of the women who brought the case, said she has been contacted by 'in excess of 10 women' who claim to have been victims of Worboys since proceedings began.
    She said details have been passed to police, who are looking into the fresh allegations.
    However, she said the CPS has already said it will not look at prosecuting Worboys for any crimes it has already considered.

    Worboys' black cab (pictured) was used to pick up victims who were offered cut price fares
    Worboys' black cab (pictured) was used to pick up victims who were offered cut price fares
    Accepting the women's case today, three judges today ordered the parole board to carry out a 'fresh determination' - and the serial sex attacker will remain in prison pending the outcome.
    The judges found the Parole Board 'should have undertaken further inquiry into the circumstances of [Worboys'] offending and, in particular, the extent to which the limited way in which he has described his offending may undermine his overall credibility and reliability'. 
    They added: 'That is so even in relation to the offences of which he was convicted, let alone any other offending.' 
    The ruling will likely lead to big changes to the parole system, with the shroud of secrecy decisions are cloaked in likely to be lifted. 
    Today's ruling states: 'In the light of our decision, the release direction will be quashed and Mr Radford's case remitted to the Parole Board for fresh determination before a differently constituted panel.' 
    It is possible the new hearing will make the same decision as the previous one and Worboys will still be released. The fresh panel could however find that Worboys is not ready to be freed and he'll stay in jail.  

    Justice Secretary David Gauke today defended his decision not to bring a case
    Justice Secretary David Gauke today defended his decision not to bring a case
    It is understood Parole Board chair Professor Hardwick's decision to stand down came after he met Justice Secretary David Gauke last night.
    In his letter to Justice Secretary David Gauke offering his resignation as chairman of the Parole Board, Nick Hardwick wrote: 'I am sorry for the mistakes that were made in this case but I have always made it clear that I will support the members and staff of the board in the very difficult individual decisions they make and I will accept accountability for the work of the board.
    'I will not pass the buck to those who work under me. In these circumstances I inform you of my decision to resign with immediate effect.'
    Responding to his resignation, Justice Secretary Mr Gauke said: 'I have accepted Professor Hardwick's resignation and believe this is the correct decision in light of the serious failings outlined in today's judgment. Prof Hardwick said the case raised 'very troubling questions about how the board's independence can be safeguarded'
    'It is crucial the Parole Board now takes all necessary measures to ensure that public confidence is maintained in its decision-making processes. I look forward to working closely with the new leadership team to see through these vital changes.' 
    Prime Minister Theresa May also welcomed the judgement, despite it leading to criticism of her government for not taking the case on itself.
    Mrs May praised the 'brave victims who brought this legal action'. She added: 'The court's findings do give rise to serious concerns and it is right that the Justice Secretary will be making a statement on this shortly.
    'One of the issues that they have raised is they have found that it is unlawful to have a blanket prohibition of disclosing Parole Board information.
    'That is something the Justice Secretary had already been looking into and has made clear that he will be ensuring that is dealt with as soon as possible.'

    A prison van carrying Worboys leaves the Royal Courts of Justice after the hearing in February
    A prison van carrying Worboys leaves the Royal Courts of Justice after the hearing in February
    The Parole Board decided to free Worboys after finding he had learned 'not to hide negative thoughts and feelings' during 'positive' treatment with psychologists.
    They claimed the former black cab driver had shown 'good insight' into his risk factors and triggers and how to manage them. 
    London Mayor Sadiq Khan, who was part in the legal action, said after today's ruling: 'I am pleased that our representations were helpful in quashing the Parole Board's decision and will help to maintain Londoners' confidence in the criminal justice system.
    'Regardless of today's rulings, there needs to be an urgent overhaul of the way Parole Board decisions to release offenders are taken. 
    'The shocking failures in the way John Worboys' victims were treated has damaged confidence in the criminal justice system and the time has come for more transparency surrounding decisions to let offenders out of prison.'

    Victim 'let down' by authorities calls for new prosecutions

    One of the women who won a landmark ruling over the decision to release black cab rapist John Worboys said she fought the case because she does not want others to go through the same ordeal.
    The woman, who can only be identified as DSD, said she was 'absolutely thrilled' with the High Court's ruling on Wednesday, but felt she and other women had been 'let down' by the justice system.
    She said: 'I have always said one of the reasons I am doing this is to give women the confidence that they can come forward and it will be dealt with.
    'I wouldn't want another woman to go through what I have been through the past 10 to 15 years.
    'I want women to be able to go to the police, report a crime and have it dealt with adequately.'
    One of the victim's who brought the case (left) talks to Sky News's David Bowden today
    One of the victim's who brought the case (left) talks to Sky News's David Bowden today
    She added: 'It is the whole system that has failed. I feel like I have been let down at every step. It is wrong that we have been put in this situation.
    'As victims we should have been supported and not having to fight every step of the way in court.'
    Worboys was never prosecuted over the allegations made by DSD, but for a range of 'sample' offences.
    He was also found by a High Court judge to have committed offences against DSD, in a ruling on her case against the Metropolitan Police, and Worboys settled a claim she and 10 other women made against him for £241,000 without admitting any wrongdoing.
    She said she believes the 60-year-old serial sex attacker could have been prosecuted for the allegations she made against him and will continue her fight.
    She added: 'At some point I do need to draw a line under all this, I can't carry on for the next 10 to 15 years and keep going into court over various things.
    'That is why I was keen to prosecute on my case, because that would give me the ultimate closure and I would be able to get on with my life.
    'But having said that, I am not quite ready to give up just yet.' 

    Kim Harrison, a lawyer from Slater and Gordon which represented 11 of Worboys' victims said the firm's clients were 'delighted and deeply relieved'
    Kim Harrison, a lawyer from Slater and Gordon which represented 11 of Worboys' victims said the firm's clients were 'delighted and deeply relieved

    Parole Board chief is forced to resign just minutes before the High Court overturned decision to free black cab rapist John Worboys 
    The chairman of the Parole Board has been forced to quit as his organisation faces sweeping changes in the wake of the John Worboys ruling.
    Professor Nick Hardwick was told his position was 'untenable' after two victims of the serial sex offender won a High Court challenge against the black cab rapist's release from prison.
    He was not personally involved in the move to approve freeing Worboys but said he would not 'pass the buck to those who work under me'.
    In a letter to Justice Secretary David Gauke, released today, he said: 'I want to state my concern about the independence of the board.
    'I believe this matter raises very troubling questions about how the board's independence can be safeguarded. I hope Parliament will consider what structural changes are necessary to ensure this independence is protected in future.'


    Parole Board chairman Professor Nick Hardwick defended himself in his resignation letter
    Parole Board chairman Professor Nick Hardwick defended himself in his resignation letter
    In his resignation letter, Professor Hardwick acknowledged that the ruling was critical of 'some aspects' of the panel's decision-making processes, although he noted that it 'did not overturn the panel's decisions on these grounds'.
    He said: 'The court did however find that the panel's understanding that it could not go beyond the offences for which Worboys was convicted was mistaken.
    'I shared the panel's misapprehension in this matter and this was supported by the advice I received. We were wrong.'
    Professor  Hardwick insisted he had called for reforms to the parole system before the case
    Professor Hardwick insisted he had called for reforms to the parole system before the case
    Addressing Mr Gauke, who he met on Tuesday, Prof Hardwick said: 'You told me that you thought my position was untenable.'
    The outgoing chairman said he had no role in the decision and believes he is capable of leading the Parole Board 'through the changes, many of which I have advocated, that will now be necessary'.
    Saying he was 'sorry for the mistakes that were made', Prof Hardwick said he would 'accept accountability' for the Board's work and 'will not pass the buck to those who work under me'. 
    The Parole Board is an independent body that carries out risk assessments on prisoners to determine whether they can be safely released.
    It is currently bound by law to keep the reasons for its decisions private but this rule will be scrapped in the wake of the Worboys controversy. Prof Hardwick had backed plans for greater transparency.
    Peter Dawson, director of the Prison Reform Trust, said: 'Nick Hardwick has made an important contribution to the work of the Parole Board and has been a vocal advocate for reform. His departure is a matter of real regret.
    'The independence of the Parole Board is critical to its vital role in overseeing the safe release of prisoners and Nick Hardwick is right to highlight the threats to its independence in his letter of resignation.
    'It is a cornerstone of an independent parole system that decisions about the liberty of individuals should not be a matter for government ministers.
    'In order to strengthen the confidence of the public, victims and prisoners in its work, our submission to the parole review urges the government to establish the Parole Board as an independent legal tribunal and make improvements to the transparency and accountability of the parole system as a whole.'

    In their own words: How the parole board justified freeing sex attacker
    Today's judgement reveals the reasons given by the three-person panel which recommended Worboys be released.
    The panel told Worboys: 'You evidence good insight as to your risk factors and how you can use internalised risk management skills to ensure that you do not re-offend.
    'You have learnt to be open and honest with professionals and you are assessed as being compliant and motivated to remain compliant when in the community.'
    Worboys told them: 'I'm deeply sorry about what I have done. I feel I've become a better person since I changed my stance and admitted my guilt.' 
    He added: 'From 2011 I felt so guilty didn't know who to speak to – I found religion – decided if I'm going to follow the Lord I've got to be honest and admit what I have done'. 
    The panel added: 'Clinical opinions indicate that the risks you pose are manageable in the community and lack imminence... your risks are assessed as being manageable and lacking imminence in the community and in open prison conditions. '

    Justice Secretary David Gauke comes under fire for refusing to challenge the decision to release black cab rapist John Worboys as bookies slash the odds of him being ousted as a minister
    David Gauke (pictured in Parliament today) had suggested that he would mount a legal challenge against the Parole Board decision to release the rapist, but later U-turned
    David Gauke (pictured in Parliament today) had suggested that he would mount a legal challenge against the Parole Board decision to release the rapist, but later U-turned
    Justice Secretary David Gauke today faced criticism over his refusal to bring a legal case to release black cab rapist John Worboys.
    Mr Gauke had suggested that he would mount a legal challenge against the Parole Board decision to release the rapist, but later U-turned.
    The serial sex attacker's victims stepped in to crowdfund their own legal challenge and today won their landmark High Court case to keep him locked up.
    Labour said the saga has raised questions about Mr Gauke's judgment and the bookies have slashed the odds of him being the next minister to leave the Government.
    Labour's shadow justice secretary Richard Burgon said the minister must 'accept responsibility in the failings for the dossier presented by the Ministry of Justice'.
    Clashing with the minister in the Commons today, he added: 'Can you give more information on why he chose not to pursue his own judicial review.
    'And to be blunt, do you regret your decision to pursue a cheap headline and brief the weekend newspapers in advance before properly checking if you could pursue a judicial review?
    'It is not just me asking this question, it has been reported that his conservative colleagues are asking this question a well to the extent that the Prime Minister has been moved to say today that she still has full confidence in him.'

    Labour's shadow justice secretary Richard Burgon said the minister must 'accept responsibility in the failings for the dossier presented by the Ministry of Justice'.
    Labour's shadow justice secretary Richard Burgon said the minister must 'accept responsibility in the failings for the dossier presented by the Ministry of Justice'.

    The Labour frontbencher said that it was only down to the tireless efforts of victims that Worboys, 60, is staying behind bars.
    And he called for legal aid to be given to people mounting judicial review challenges.
    Mr Burgon said: 'Personally I don't think it's right that victims of people like John Worboys have to crowdfund to pursue justice, because justice cannot depend on the depths of your pockets.'
    He added: 'There have been widespread failings in this case from the very outset.'Meanwhile, Ladbrokes said they slashed the odds of Mr Gauke being the next minister to leave Theresa May's Government from 50/1 to 5/1.
    But Mr Gauke defended his decision saying that he followed the legal advice and made it clear he would not stand in the way of victims bringing their own case.
    He said: 'I made no secret that I was considering a judicial review …
    'The reality was that the victims were in a better position to bring a successful case than I was.
    'What is also very important is that we should ensure in the future that where the parole board reaches a conclusion that reaches certain criteria there is an ability for the parole board to be able to look again at this.'
    And several Tory big-hitters backed the Justice Secretary and said it was right that he followed the legal advice.
    Former justice secretary Ken Clarke came to the defence of Mr Gauke, saying that it would have been 'scandalous' to ignore the original legal advice not to launch a judicial review.
    He said: 'It would be absolutely scandalous if he as Justice Secretary had ignored the legal advice he got, which sounds to be perfectly sensible on the basis of the facts available to him.
    'It would be a very bad day if ministers started intervening in criminal sentencing cases in response to campaigning and did not judge them objectively according to the rule of law and the public interest.'
    Worboys was due to be released from prison but judges at London's High Court ordered the parole board to review their flawed decision to free him.
    The serial sex attacker was prosecuted for attacks on 12 women but police believe he may have more than 100 victims making him perhaps the most prolific sex attacker ever.
    The judges found there were flaws in the decisions to release him and the chairman of the Parole Board, Professor Nick Hardwick, was forced to quit today in response to the scandal.
    One of the victims said: 'I can get on with my life again without looking over my shoulder. The constant reminders in the news have been distressing and made me want to hide.'
    But there is growing anger at the Justice Secretary that the women were forced to bring the case themselves, rather than the government taking action.
    Today's ruling means the decision over whether to release Worboys will go back before a different parole panel.
    A new decision is not expected for several months, during which Worboys will remain behind bars.


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