“24. In addition, in the first few weeks of A’s life, I noted that [J] would become sexually aroused around A and this happened frequently, particularly when A was undressed and having skin to skin contact with me. I noticed [J] being aroused by A when he was changing her nappy which was distressing to witness. I questioned whether I was delusional and even confronted [J] about it, to which he denied. This left me feeling even more confused, uncertain if my instincts were misleading me or if I was ignoring a serious issue.”
“[38] The allegation that I was sexually aroused during the changing of A’s nappy is extraordinary. I have cared for A since she was born and have changed her nappy on countless occasions. [E] has a long history of making outlandish allegations against me of this kind, including historically accusing me of being gay, and attracted to my best friend who is homosexual, having an untoward interest in her sister and work colleagues, and even that I had, at some stage, been sexually inappropriate with our dog. Despite this, I specifically recall the incident in question where [E] accused me of being sexually aroused when changing A’s nappy due to the appalling nature of the suggestion. I cannot fathom why she thought this, but I very much recall we argued about it at the time. I was very angry at the suggestion and implication and also incredibly sad to realise that [E]’s history of making paranoid accusations was now going to extend to our infant daughter. I cannot understand how [E] could have allowed me to continue to spend time on my own with A if she sincerely believed I was capable of becoming aroused whilst changing her.”
“[126] I am not satisfied that the likelihood that this court will be required to hold a finding of fact hearing in respect of an event alleged to have occurred in Zambia leads to the conclusion that is clearly and distinctly the more convenient forum for the determination of question of A’s welfare. Whilst the allegation arose in Zambia, the alleged event was unwitnessed. A is too young to give her own account. In the circumstances, in addition to the father’s evidence, the primary evidence with respect to the allegation will comprise the medical report, which is already in mother’s possession and which the father has indicated he does not dispute the authenticity of, the swab results (in the form of the letter from the Zambian Ministry of Health National Food Laboratory dated20 September 2022 ), which again are already in the possession of the court, and any relevant police disclosure, including the DNA test results, any medical photography and the interview(s) of the father. I accept that that latter evidence may be more challenging to secure, although requests can be made of the Zambian authorities and this court can reasonably anticipate that the Zambian authorities will co-operate in assisting with provision of documentary evidence. This court in any event has a record of the father’s evidence in respect of the allegation given to the Zambian court in the civil protection order proceedings. Whilst I accept that the father could give evidence on these issues by video-link were they to be the subject of determination in family proceedings brought in Zambia, if the issue was dealt with by this court the father could give evidence in person and on an equal footing with the mother.”
“I hope that you’ll seriously consider all I have said, I speak from the heart in the hope that you can empathise with and trust that either choice will not deprive you or A from that beautiful bond that you share.”
“I witnessed Dr G swab [locations given]. She then placed the swabs in front of a fan to dry. She explained that this was protocol as the swabs needed to be completely dry before testing for the presence of sperm.”
“We note what your client says in his statement, the crux of which seems to be his understanding that the nature of the allegations means that the court will require determination come what may, but there is clearly a strong desire by both of the parents (who the only people with parental responsibility in relation to A) to reach an agreement on all of this issues in this case, and not just the findings.”
“In the event that reliable DNA evidence could be obtained from Zambia, our client would invite your client to undertake a DNA test in the UK to conclusively rule himself out. Unless and until that should be the case, our client will withdraw and will not re-open the allegations of sexual abuse, and she would sincerely hope that your client will withdraw the allegations of her acting in bad faith.”
“Evidence is relevant if it is logically probative or disprobative of some matter which requires proof…relevant (i.e. logically probative or disprobative) evidence is evidence which makes the matter which requires proof more or less probable.”
“[100] One highly important aspect of the Lucas decision, and indeed the approach to lies generally in the criminal jurisdiction, needs to be borne fully in mind by family judges. It is this: in the criminal jurisdiction the ‘lie’ is never taken, of itself, as direct proof of guilt. As is plain from the passage quoted from Lord Lane's judgment in Lucas, where the relevant conditions are satisfied the lie is "capable of amounting to a corroboration". In recent times the point has been most clearly made in the Court of Appeal Criminal Division in the case of R v Middleton [2001] Crim.L.R. 251. In my view there should be no distinction between the approach taken by the criminal court on the issue of lies to that adopted in the family court. Judges should therefore take care to ensure that they do not rely upon a conclusion that an individual has lied on a material issue as direct proof of guilt.”
“To be capable of amounting to corroboration the lie told out of court must first of all be deliberate. Secondly it must relate to a material issue. Thirdly the motive for the lie must be a realisation of guilt and a fear of the truth. The jury should in appropriate cases be reminded that people sometimes lie, for example, in an attempt to bolster up a just cause, or out of shame or out of a wish to conceal disgraceful behaviour from their family. Fourthly the statement must be clearly shown to be a lie by evidence other than that of the accomplice who is to be corroborated, that is to say by admission or by evidence from an independent witness.”
“948. In the absence of semen, blood, foreign objects or, in the case of a female child, pregnancy, medical evidence with respect to the physical signs of sexual abuse is almost never diagnostic, very often non-specific, ambiguous or equivocal and, on occasion, controversial. The position is complicated further by the fact that ‘normal’ in the context of the anal and genital anatomy of children is not a single, fixed point but rather a spectrum. As McFarlane LJ (as he then was) observed in his foreword to the RCPCH guidance The Physical Signs of Sexual Abuse 2015: “Clinical evaluation of the signs, which may themselves be minute or hard to detect, and the need to differentiate between variations in the range of normality, possible accidental explanations or compatibility with child sexual abuse is a professional task of a high order of both difficulty and importance.” 949. Within this context, the Cleveland Report noted at [11.30] that “In considering generally physical signs on a suspicion of sexual abuse, we endorse the observation in Some Principles of Good Practice: ‘Abnormal physical signs are rarely unequivocally diagnostic with the exception of the presence of semen or blood of a different group to that of the child.’”
“The recognition of child sexual abuse has been likened to completing a jigsaw whereby the individual pieces of information need to be put together before the full picture can emerge. It is important to consider all physical findings together with other important clinical information, including the history, the context of the child’s or young person’s behaviour and demeanour, and statements made by the child to professionals, in order to make a diagnosis. The medical assessment will contribute to the whole picture which includes the multi-agency assessment.”
“The anogenital findings must always be interpreted in the broad context of a detailed medical, social and family assessment and the child’s behaviour and demeanour.” 951. Within the foregoing context, when evaluating the medical evidence in this case, it is once again useful to recall the caution articulated by Holman J at [143] in Leeds City Council v YX & ZX (Assessment of Sexual Abuse) as follows: “The medical assessment of physical signs of sexual abuse has a considerably subjective element, and unless there is clearly diagnostic evidence of abuse (e.g. the presence of semen or a foreign body internally) purely medical assessments and opinions should not be allowed to predominate. Even 20 years after the Cleveland Inquiry, I wonder whether its lessons have fully been learned.” “Clinical evaluation of the signs, which may themselves be minute or hard to detect, and the need to differentiate between variations in the range of normality, possible accidental explanations or compatibility with child sexual abuse is a professional task of a high order of both difficulty and importance.” “The recognition of child sexual abuse has been likened to completing a jigsaw whereby the individual pieces of information need to be put together before the full picture can emerge. It is important to consider all physical findings together with other important clinical information, including the history, the context of the child’s or young person’s behaviour and demeanour, and statements made by the child to professionals, in order to make a diagnosis. The medical assessment will contribute to the whole picture which includes the multi-agency assessment.” “The anogenital findings must always be interpreted in the broad context of a detailed medical, social and family assessment and the child’s behaviour and demeanour.” “The medical assessment of physical signs of sexual abuse has a considerably subjective element, and unless there is clearly diagnostic evidence of abuse (e.g. the presence of semen or a foreign body internally) purely medical assessments and opinions should not be allowed to predominate. Even 20 years after the Cleveland Inquiry, I wonder whether its lessons have fully been learned.”
“[19] In itself, the presence or absence of a particular factor proves nothing. Children can of course be well cared for in disadvantaged homes and abused in otherwise fortunate ones. As emphasised above, each case turns on its facts. The above analysis may nonetheless provide a helpful framework within which the evidence can be assessed and the facts established.”
“I was then informed by my contacts in Zambia that there was ‘a lot of money’ flying around, which confirmed my fears that the investigating officers had been bribed, and that the evidence relating to the prosecution was unsafe.”
“[34] It is, however, true that I have expended significant resources in Zambia dealing with both the criminal and civil matters. Essentially, I consider it a matter of life and death, being certain that if I were to be made to return to Zambia I would not face a fair process. The sentence for the crime I am accused of in Zambia is a life sentence of hard labour, in chronically overcrowded prisons with appalling conditions and a prevalence of malaria and HIV, with no meaningful protections from other prisoners. I have no doubt that if I were incarcerated in Zambia I would die in prison. I am fortunate to have significant financial resources available and have sought to deploy these resources in my defence where I can. [35] In the time since my arrest, I have spent almost£80,000 with my Zambian solicitors, and in excess of£385,000 with a private investigation company, led by a retired senior police detective who was introduced to me by my solicitor. This activity has included: • Making representation to the police and other bodies on my behalf. • Seeking to understand the progress of the police activity and investigation. • Carrying out further investigation of the underlying facts of the case to seek to unearth missed evidence (this is where the CCTV footage from the hotel included in the exhibits came from, which the police have never sought or considered despite me telling them about it). • Investigation to identify police officers [the mother] is collaborating with and any evidence that can be obtained. • Investigating whether any concrete information regarding undue influence or interference with the investigation from [the mother] can be found.”