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Wednesday, 29 October 2014

Case for the Defense Day 18

Ladies and Gentlemen of the Jury, I want you to consider Ms Dux' statement to David Rose and ask yourself this question : WHY has Ms Dux or the law firm she works for, failed to make any further statement in the TEN DAYS following the publication of the Mail on Sunday article ?
 http://www.dailymail.co.uk/news/article-2798457/how-savile-s-niece-s-demand-compensation-led-police-fraud-probe-daughter-says-story-false-211-claims-vast-payments-police-investigate.html
Ms Dux, how many of the 174 claims have YOU personally checked ? Better still, have YOU referred any of those 'improbable' claims to the Police for investigation yourself ?
I await Ms Dux' answer to those questions. She is not in attendance today but we will no doubt be hearing from her in due course !
Now, Ladies and Gentlemen on to some FACTS ! My defense team (me) have been burrowing deep for some FACTS, indeed PROOF that Sir Jimmy is INNOCENT of any CRIMES that may or may not have been reported or claimed for via the civil compensatory route on the following DATES ! 
It is a TRAVESTY of Justice that those handed the task of SCRUTINISING the Savile compensation claims are NOT ALLOWED to speak to others, sometimes family members in their quest to verify or challenge the claims made. 
Their task has been made ALMOST impossible given the FACT that either the Metropolitan or West Yorkshire Police have apparently LOST Sir Jimmy's Diaries.
However, just in case anyone has lodged a claim involving the following dates, we can safely say that THEY ARE LYING !
Exhibit 35 SS Chusan Tuesday 11th April 1972 

Sir Jimmy enjoyed cruises and here are FACTS about one he took lasting 14 days from 30th march 1972 to 14th April 1972
Cruise No 452
Departs 21.00 Southampton 30th March
Mon 3rd April 08.00 arrives Palma
Tuesday 4th  06.30 Leaves Palma 
Wednesday 5th April 08.00 arrives Tangier  

Further stops inc Gibraltar on the 10th April 1972
Here is First officer Nick Messinger, the big guy on the far left. He has fond memories of the ship he refers to as the Happy Ship !
 Exhibit 36 ex First Officer Messinger's site 
 http://www.pandosnco.co.uk/chusan.html
Officer Messinger remembers Jimmy Savile onboard and the trouble he put him through constantly moving his exercise bike !
SS Chusan was a PO cruiser which was withdrawn after 23 years service in 1973
 Cruise folk are great story teller's. There are numerous forums where happy cruisers remember happy times. Jimmy Savile was very well known amongst those folk and my defense team (me) have scoured these sites for any serious negative comments about him. WHY ? have I done this ? Well, because of this !
 The author of the above, the late Bill Hitchen does not say WHEN this alleged incident took place. What's more, his words are mere hearsay, he does not say who the captain of the Canberra was at the time and spends the rest of the piece sharing his own impression of a man he obviously did not like !
 http://www.express.co.uk/expressyourself/349976/The-disgusted-captain-who-threw-Jimmy-Savile-off-a-cruise-ship
Let's find out what the happy cruisers have to say about the story shall we ?
 http://www.cruise.co.uk/forum/109-cruise-news/31942-captain-threw-jimmy-savile-off-cruise-ship-4.html
And here's some reactions to Sir Jimmy's death amongst one cruising community ! Note that many of the posters are seamen 
http://www.cruise.co.uk/forum/767-chit-chat/23974-sir-jimmy-savile-has-died.html
Ladies and Gentlemen of the Jury, your job is to try as best you can to determine what is REAL and what is false. I have presented you with a few FACTS that cannot be altered to suit any agenda or motive. 
I have in my possession a substantial amount of documents that PROVE where Sir Jimmy Savile was on various dates and again I challenge the prosecution to PROVE their case. Give us the DATES that you say Jimmy Savile abused those YOU represent. If you CANNOT even do this, then YOU HAVE failed to establish your case and it should be therefore thrown out !

Ladies and Gentlemen, today is the THIRD anniversary of Sir Jimmy's death. In the days following, the whole country including every newspaper and media outlet was paying tribute. One of those was the Scarborough News. Their leader for countless articles at the time was 'Farewell to a legend' Let's hold onto those lovely memories like the happy ship cruisers hold onto theirs. 
Shipmates ahoy !
 



 

Wednesday, 22 October 2014

Case for the Defense Day 17

Ladies and Gentlemen of the Jury on Day 15 of this case I introduced into evidence a report commissioned by Her Majesty's Inspectorate of Police (HMIC) into the handling of reports said to have been made to Police forces in the UK and Jersey prior to Sir Jimmy's death !

Two days after I introduced you to this report MWT the man who 'exposed' Jimmy Savile began using the very same source on the social media site Twitter ! Remember Ladies and Gentlemen, one of the extracts I presented you with was this !
Here is just one of several tweets Thomas made on Monday 20th October 2014, the day after Rose's article about fraudulent compensation claims appeared in the Mail on Sunday !
 Followed by this !
Mr Thomas who was tried and acquitted of the charge of attempting to blackmail a funeral company is obviously trying to insinuate that the alleged existence of this ledger entry and anonymous letter proves that Jimmy like him should have been charged with a criminal offence or offences before his death. But, I will, I think dispel this weak attempt on the part of Thomas very easily !
Let's start with that alleged intelligence or ledger entry from 1964 shall we ? Thanks to ex Commander Spindler, we actually have PICTURES of this alleged intelligence ! And, here it is !

And here's Spindler showing it to Lucy Manning for ITV news ! Indeed there's a video clip too 
http://www.itv.com/news/update/2013-03-12/book-shows-savile-known-to-police-in-1964/ 
Listening to the video, Spindler describes the book as something generally used to record staff sickness. It also includes what he refers to as 'press cuttings'. He appears to show Ms Manning the entry linking Savile to an address in Battersea but no pictures are shown of this entry ! Just these !
It's a shame that neither Spindler or ITV bother to show us the actual inside of the book. It looks kind of tatty ! Could this really be the entry as contained in the HMIC report !
  May we see that book Mr Spindler ?
Mr Thomas' tweets received a response from two women who were at Duncroft school at this time. He issued no response to them !
These two were not the only one's to be ignored by Thomas who claimed to have 'run' his Savile investigation 'like a Police investigation' !
 
 Mr Thomas has and never did have any concrete evidence that Savile abused anyone. There is far too much slight of hand going on here Ladies and Gentlemen. Bad enough that an ex-police constable attempts to 'groom' the nation with his inane utterances. But for the Police to be involved is utterly reprehensible !
Ladies and Gentlemen of the Jury do I really need to cover the alleged anonymous letter from 1998 ? An extract of which follows ! (P21 HMIC)
'Now I've had a run, I feel like a bum' ! 
(audible laughter from several Jury members)
"Order, Order please Ladies and Gentlemen of the Jury ! Time to adjourn it is getting rather late !

 

Sunday, 19 October 2014

The case for the Defense Day 16

Ladies and Gentlemen of the Jury, we only have a very short session today but I think you will find that it will be sweet !
 Exhibit 34 todays Mail on Sunday 
http://www.dailymail.co.uk/news/article-2798457/how-savile-s-niece-s-demand-compensation-led-police-fraud-probe-daughter-says-story-false-211-claims-vast-payments-police-investigate.html
I specifically refer you to the following fact mentioned in regards to the scrutiny process 
 Yes, Ladies and Gentlemen of the Jury ! The Police managed somehow to LOSE one of the most important sources of evidence in this case. So how did that happen and, more importantly, WHO 'seized Savile's diaries' ?
After some cursory burrowing into the OPERATION NEWGREEN report I was able to find the answer to this question.
Exhibit 35 page 38
 West Yorkshire Police and their counterparts in the Metropolitan Police (Yewtree) have some questions to answer do they not ?
To be continued !
 https://www.westyorkshire.police.uk/sites/default/files/files/reports/savilereportfinalwyp.pdf

 

Saturday, 18 October 2014

Case for the Defense Day 15

Ladies and Gentlemen of the Jury, I trust you enjoyed your enforced break in the proceedings and you successfully followed the restrictions imposed upon you for the duration of the adjournment. No doubt, you have managed to avoid any Savile related stories either online or in the media !
Pressing on, I should like to refer you if I may, to exhibit 33 in your evidence bundle, a newspaper article from The Derby Telegraph published just three days ago - 14th October 2014
The writer is none other than Liz Dux who goes on 
Let's just stop Ms Dux there shall we ? I have read most if not ALL of the official reports relating to this case and nowhere can I find any recorded evidence of any informal, let alone formal, complaint lodged against Sir Jimmy save the 2007- 2009 investigation. Let me just back up that statement with facts in a moment. Firstly, let's take a look at this interesting piece about what Surrey Police claim, not to have known in that earlier investigation !

As usual, the source is anonymous !

 

http://www.itv.com/news/2012-10-29/exclusive-former-surrey-police-officer-kept-in-dark-over-mets-savile-allegations/

I've covered the 2007-2009 in some earlier submissions Ladies and Gentlemen but I thought I'd look a little closer at that sentence about 'allegations received by the mps in the 1980's or 2003' Again, the Jersey gossip I have also covered !

Exhibit 34 Ladies and Gentlemen this rather ominously titled report dated March 2013 (two months after the MPS released theirs).
Page 2 is useful because it allows the reader to cut straight to the chase as it were ! 
No mention of that 1980's claim so far, but I'll settle for 'reported allegations prior to'. And here they are ..  'FIVE' in 54 YEARS ! Allegedly !

 Maybe, the hundreds of 'victims' told some other body ? On page 15 it lists those potential confidential sources of help including Barnados, Havoc (help for adult victims of child abuse), NSPCC and Childline but !

Ladies and Gentlemen, it is certainly hard work establishing exactly how many complaints were made and/or recorded prior to Operation Yewtree. The Police inspectors consider that there were in actual fact, seven on P14
The inspectors suggest that there are TWO entries on this mysterious 'ledger'. One of these refers to Duncroft schoolgirls in absconding to Battersea in 1964. We are not told what the other alleged 'entry' is !
 
The details behind this 'ledger' are vague to say the least. But the inspectors accept it's existence (P19)
But, how was anyone able to FIND this alleged record in 2012, when the inspectors concede that it was NOT recorded on any computer database until the late 80's ? Or so the inspectors would have us believe, because this conclusion is merely guesswork as far as I can see. Indeed, a reasonable person would ask this question of the writer : WHY WOULD details contained in a 1964 ledger suddenly be transferred in the 1980's and, IF IT WAS and Savile's name was on the Police National Computer (PNC), how come the cops in 2003 did NOT pick this up ?
 

Here's that footnote referred to as (30) describing the status of Police computer recording systems at the time !


Now, here is where things get interesting, if they were not already Ladies and Gentlemen. Leaving aside the alleged recorded allegations above for a moment, let me take you back to another set of claims referred to by the inspectors and accepted as significant - JERSEY ! (P5)
You may wish to refer back to the transcript of evidence detailed on Day 13 Ladies and Gentlemen where I considered the Jersey claim/s in detail !
http://rabbitaway.blogspot.co.uk/2014/09/the-case-for-defense-day-13.html

You may also wish to re-read this earlier blog post and in particular, this IMPORTANT FACT contained in Alison Levitt's report P54
http://www.cps.gov.uk/news/assets/uploads/files/savile_report.pdf

Now, Jersey Police may NOT have had 'direct access to impact' (see above) BUT they did have access to UK POLICE computer databases aka PNC. Indeed, they even had access to HOLMES too in 2008. How do I know this ?
  Then there's this from the States of Jersey Police annual report in 2007 !
http://www.jersey.police.uk/media/152808/Download-2007-Annual-Report-size-542kb-.pdf

Perhaps my next witness could explain more about Police databases in 2008/9. After all he was right in the middle of this vast leap forward for information sharing in 2006 !
Yes, it's Commander Spindler or DCS as he was in 2006 and here's more about his involvement with this particular aspect of the story !

 A year later, it had been extended well beyond those 43 forces 
 https://econsultancy.com/press-releases/2346-impact-nominal-index-ini-extended-impact-nominal-index-ini-extended-and-british-transport-police

Ladies and Gentlemen of the Jury, is it conceivable that the States of Jersey Police would NOT have checked the PNC/Holmes2 or whatever other database it needed to in 2008 IF they seriously considered Jimmy Savile as a potential suspect ? 
But, we have already established that this was NOT THE CASE have we not ? 
Unlike the HMIC, but very much like the Police officers at the relevant time, I am not interested in 'gossip' or 'unsubstantiated' 'rumour' and neither should you be Ladies and Gentlemen ! The Police chiefs (ACPO) have deemed it necessary to investigate various Police forces involved in the case, referring themselves to the IPCC. This, Ladies and Gentlemen is a fruitless exercise. The Police officers at the time did the right thing and I will consider this point further at a later date !

The case for the Defense of Sir Jimmy Savile continues next time !