“The logical fallacy which Lord Clarke MR was concerned with at [21] of the Nugent Care Society case and Auld LJ at [74(vii)] of the Bryn Alyn case was proceeding from a finding on the (necessarily partial) evidence heard that the Claimant should succeed on the merits to the conclusion that it would be equitable to disapply the limitation period. That would be to overlook the possibility that, had the Defendant been in a position to deploy evidence now lost to him, the outcome might have been different. The same logical fallacy is most unlikely to apply in the reverse situation, especially when the case depends upon the reliability of the Claimant himself. That may be illustrated by a simple example. A Claimant sues for personal injury 10 years after an alleged accident and seeks an order to disapply the limitation period of 3 years. The Defendant has lost witnesses and records, but advances a defence that the accident did not occur. The judge concludes, without the lost evidence, that indeed the accident did not occur. The burden is on the Claimant to prove that it would be equitable to disapply the limitation period having regard to the balance of prejudice. In those circumstances he would not be able to do so. There would be no purpose in extending the limitation period and it would not be equitable to do so. Similarly, a full exploration at trial, of, for example, the Claimant’s reasons for delay may enable the judge to reach firm conclusions which could have been no more than provisional had limitation been resolved as a preliminary issue.”
“A judge should take care not to determine the substantive issues, including liability, causation and quantum, finally in the Claimant’s favour before determining the issue of limitation and, in particular, the effect of delay on the cogency of the evidence. Those issues can, on the other hand, be finally determined in the Defendant’s favour without determining the issue of limitation.”
“He was now a very powerful figure in my life. From hereon I have relinquished my free will, can no longer do what I like, only what he likes.”
“I remember feeling really confused thinking that I had to do what he was asking because he was my Guru and I should not question anything. If this is the way he was going to love me then I had to do it. I had no choice. I had taken the Naam and he was now my Guru. I was so confused and kept thinking about his sermons all the time. In those sermons he said that you had to be obedient, you had to obey everything he said if you want to reach God. There was no way I could say no to this authority figure in front of me who had hundreds of followers in India and in the UK. Also he preached that any kind of love that you share between you and your Guru is totally secret. Momentarily, I thought he was not God and doubted him thinking that this was wrong, but not for long because he kept reinforcing the fact that he was making me pure because I was special and I could not doubt him.”
“He convinced me that he was making me pure and was entitled to have sex with me whenever he wanted and that by acceding to his demands, I was on the path to redemption. He repeatedly told me that he was God and that I should trust him.”
“10 yrs ago divorced & family took her to see priest Proffit Avenue started relationship with married man (priest)10 yrs now…”
“The reason I succumbed to his sexual demands remained the same. It was because I was totally under his influence, believed he was my Guru and that I had to comply with his demands in order to become his wife in a future life and so obtain redemption.”
“At this I just froze because I realised that had been my life for the last 22 years. I was so shocked and started to confide in her. She admitted to me that she had also been having sex with Kalia in hotels. I told her about my obsession with her and then she told me her entire story. She was the first person I told about having sex with Kalia, apart from the doctor on17th September 1999 and21st December 2002 … It was only when talking with PT on WhatsApp I realised I was not the only person that Kalia had groomed and abused that the truth dawned. Before then, although I sometimes had doubts, he managed to persuade me that I was special and like the disciple Meera, I would, if I obeyed him, become pure and obtain enlightenment. … I was devastated by finding out the truth. I discovered that it was all a pack of lies, that he was not a Guru at all and not God. For all these years he enslaved me with preaching false dogma. He did not love me but used me as a sex slave for decades under false religious pretences. During this time, he isolated me from my family and friends. He dominated and controlled me to such an extent that I was unable to make decisions or think for myself as he had always told me what I should do.”
“I would withdraw cash from my Halifax account, put the money in an envelope and give it to him. For Poojas we had to pay extra money. I also had to buy him gifts of food and clothes. I would use my credit card to pay for some of the items and ended up being in debt and being chased for payment. I also worked tirelessly for Kalia and provided hours of unpaid work, as set out in detail at Schedule 1B of the Amended Particulars of Claim. Although unskilled I carried out building works at the Temple. Kalia instructed me what to do and then it became normal practice also because everyone else at the Temple was doing it. For the Temple extension we would be there all-day toiling away. Kalia would sit outside on a chair, with girls massaging his legs and back while he directed everyone. Often he would call me to massage him and give him oral sex. I could not say no to his requests for work as it was our duty to do ‘seva’ (service).”
“I cannot believe that I was so gullible as to give Kalia£85k and then agree to pay it him again via a mortgage, but that shows the level of trust and indoctrination I was under. I basically obeyed Kalia and did whatever he demanded in every sphere, physical and financial, convinced that as my Guru, he wanted the best for me.”
“We had not spoken and had not cooperated in any way. PT told me she suspected Harprit but had not been able to get to the truth. When I told my family on the24 December 2016 , I called PT and told her my brother had called Sutton Coldfield police and that we were told to go to Coventry Police after the Christmas/New year holiday. I had no idea at all about Mandeep she was never on PT’s or my radar.”
“No I am not acting. Sadly, no. I have lost 23 years of my life while I was in that cult being abused sexually, physically, financially and it takes a toll on you and that was -- that's what happened to me.”
“It is the same priest. There is only one priest in my life, only one person, religious figure in my life and that was Kalia.”
“He preached that we were never to question him and always to do what he told us to do as he knew what was best for us. From then on I was unable to resist his demands and did as he said. He preached that even if you questioned him in your mind, you would go to hell. A true follower always did as they were told.”
“Then he started to put his hand down my top and squeeze my nipples and breasts. I told him it was painful and really hurt but he told me I would get used to it. This was as a build up to oral sex”
“Then he just brought my head close to him and said 'go on, kiss it, touch it, suck it, just do it, do it.' I had to put my mouth to his penis and do what he told me. I did not know what to do as a child, I did not have a clue and he just said, 'carry on, carry on. ’ Then he ejaculated in my mouth and made me swallow it. He said, ‘That’ll make you clever and it’ll make you choose the right things to do’””
'I am not going to do this. I cannot do this.'
“He made me lie down and then he told me to open my legs and then he just stuck his penis into me. It was vile. It was the most horrific pain I had ever had. I said 'stop' and he said ' Shh don’t make any noise.’ Then because I was about to scream, he put his hand over my mouth and just carried on and on and on and just would not stop. It felt like I was there for hours. He knew that I did not want him to do it because I told him so; and that’s why he covered my mouth. He just gagged me and did it anyway.”
“I have never used social media platforms” but did not refer to WhatsApp messages. When challenged about this, Ms Sahota replied “I don’t see WhatsApp as a social media [platform]. I see it as a communication device.”
“I want a judgment made against him to stop him from doing that. That’s why I am here.”
“This is not something I anticipated or ever wanted to do. I did not want to have a civil action with claiming money. The police came to me, the whole purpose of this was for the police to investigate and they were never going to give me any money. A criminal court will not give you money and I did not want the money. This is something I was legally advised to do and, yes, I have mistakes in there and I have made mistake after mistake because I can't do it. I openly say I can't do it. I find it really difficult to work with figures.”
“It was my service or duty (‘seva’) and I was building a relationship with my Guru in this life and the next. He said a Guru was more important than actual God. To me he and God were one and the same thing. When my hands bled, he told me that bad things were coming out of them. I was the main drum player and often played alone.”
“As requested, I booked a hotel room. It was in 2008, I was 22, had just started work and got my first permanent job at the Department of Work and Pensions. I booked this modest little hotel room at the Rollason Wood Hotel because I honestly thought we would just talk. The hotel was just down the road from where I worked in the Erdington office. My Mum had dropped me off at work because I pretended I was going to work but I had booked the day off because Kalia had told me to. It was a Wednesday. He told me to make him a cup of tea and hang his jacket up. He sat on the bed and I sat on the floor massaging his feet. He instructed me to lie on the bed next to him. Out of the blue he started kissing me on my lips. He grabbed my hand and put it on his erect penis. I was completely taken aback. He then told me to remove my clothes. I did so as he was not to be challenged and I was also scared. He then raped me, throwing me around like a rag doll. He was so heavy. I could barely breathe but he did not care. Whilst raping me he told me to smile but I could not. It was too painful as I was a virgin. After 45 minutes he finished and hugged me. He told me it was a relationship between me and my guru and no one should ever know and to take paracetamol. He got dressed and left.”
“Following the rape at the Rollason Wood Hotel, Kalia continued to rape me for approximately the next five years, would instruct me repeatedly to book hotel rooms every few months. I was so indoctrinated by his teachings that I complied and booked different hotel rooms as instructed. He would give me a few days’ notice of when he wanted me to book a room. It was always on a Wednesday. I reserved rooms at The Fort and The Holiday Inn, and at hotels in and around Birmingham, Walsall and Erdington and paid for them with my credit card.”
“Kalia has ruined my childhood and most of my life. Although I have left his Temple, I cannot get over this living nightmare. Everything reminds me of him and what he did to me.”
“Amandeep Dutta? I don’t even know who Amandeep Dutta is.”
“Sorry, what?” and Ms Dilbeher repeated: “I don’t know who Amandeep Dutta is.”
“I know who she is because obviously I know she came to the Temple but I have never had any social interaction with her. I am not friends with her.”
“This was at her house -- like I said when you go to India all the congregation, all his followers live in the same vicinity. That's at her house and her house is literally there. All the congregations' houses are opposite. We are all in one vicinity.”
“I have known Harprit for around 25 to 30 years from the Temple. I think Harprit has been going to the Temple for as long as I have. I began speaking to Harprit earlier than to her sister Mandy. I would say I eventually became closer to Mandy." In response, Ms Dilbeher said: “She is lying. She is absolutely lying. That is a lie. I have never spoken to Amandeep Dutta.”
“I never went to hotel rooms with anyone else.”
“MR JUSTICE MARTIN SPENCER: But it's your evidence as I understand it that you didn't go on seeing Mr Kalia in hotel rooms after your surgery in 2013? A. Yes. MR JUSTICE MARTIN SPENCER: So why did you include dates in 2014/2015? A. I -- I can't remember. MR JUSTICE MARTIN SPENCER: So you can't remember why you gave the dates and you think it may have been from a calendar that you no longer have? A. Sometimes he would cancel, I know that, sometimes he would call me and he'd cancel. Maybe that's why I included it, but -- MR JUSTICE MARTIN SPENCER: That's not really an explanation, is it? A. No, I can't remember. But on the other dates he definitely did -- he definitely did. And again the police could've confirmed that if they'd -- if they'd done the investigation.”
“People trusted him. People leave their kids with him in that room, in that private room, that's how I was groomed, that's what happened to me. People trust him because they think he's God.”
“I felt a mixture of emotions. Although greatly relieved, I was confused as to why he was no longer choosing me and wondered if I was still special and would be his wife in the next life. I also wanted to know that I was safe from the devil.”
“Following his preaching, whatever money I had left, I paid to Kalia. I would pay for donations, flowers and garlands on every occasion I attended the Temple. In addition, I paid for langers, cakes for my own birthdays, fasts and other payments as set out in schedule 4 to the Amended Particulars of Claim.”
“Every March we travelled to India on pilgrimage with Kalia. Again my mother used to pay for my sister and me until I started earning and paying my own way. Kalia preached that we should not worry about not having money because God would look after us. He had looked after us for this long and would continue.”
“In addition to financial payments, I worked tirelessly for Kalia in my school holidays and sometimes on service days carrying out building works. At the age of 11 or 12, I climbed up scaffolding, with no helmet or safety gear. I would stand in line passing breeze blocks. Kalia would watch and be angry if the pace slackened. Construction work on the Temple and his other properties would take place.in all weather.”
“But it was only on New Years Day 2017 when my aunt summoned us urgently over to my grandmother’s home as she had something to tell us. My aunt then disclosed what our Guru had been doing to her and to Harprit and asked if he had also done it to me. Harprit was not there at the time as she had gone to the police station. My aunt had already been to make a statement and had returned. I broke down, burst into tears and confirmed he had also done it to me too.”
“After I sought his advice I bowed down when I went to leave his room. He then grabbed me and for the first time kissed me on the lips.”
“I don't know. I wasn't thinking when I wrote this.”
“She has never had a physical relationship and says she lacks the confidence to do so.”
“Q. And there is no evidence to support any suggestion of involvement of Mr Kalia at all. It makes no sense for Mr Kalia to have been involved. The events in question took place in 2015 didn't they, Ms Dilbeher? A. I can't remember now without looking. Q. Well we can look at the HSBC investigation documents but you account browsed on 17 and 18 August and9 September 2015 . That was long before there was any suggestion of any allegations made by you against Mr Kalia, wasn't it? A. Say that again sorry? Q. Well, in August and September 2015 you hadn't made any allegations against Mr Kalia at that point, had you? A. I don't understand what you are asking me, sorry. Q. You had not made any allegations against Mr Kalia in September 2015, had you? They came later. A. Again, I don't -- MR JUSTICE MARTIN SPENCER: Just answer the question. A. Sorry I don't understand the question. MR JUSTICE MARTIN SPENCER: You are being asked a simple question, whether as at September 2015 you had made any allegations against Mr Kalia. A. Allegations of what, abuse? MR JUSTICE MARTIN SPENCER: Yes. A. The abuse was consistent like -- MR JUSTICE MARTIN SPENCER: It is the making of allegations you are being asked about. A. The ones that are in my witness statement, sorry?”
“They are true, Ms Crowther. I wish, I wish I wish to God they aren't true. They are true. I wish. But they are. He raped me. He made me meet him in a hotel, he got on top of me, he told me that if Bulleh Shah's guru told him to dance naked in front of his village he would do it without thinking twice and that is the level of dedication and devotion I should have. I told him to stop, Ms Crowther. I told him to stop. I said this is not right. This isn't right and you are hurting me. I ran into that bathroom in that hotel and I thought to myself how can I get out of this? … I didn't want to do this with him, Ms Crowther. I did not want to do this with him. He is old enough to be my dad! His youngest son is a month younger than me. What am I going to gain by sleeping with him?”
“I did it to the best of my ability. It’s difficult to calculate over so many periods and give an exact figure.”
“MR JUSTICE MARTIN SPENCER: I just want to understand the methodology, never mind whether you can remember it right or wrong, just how these figures are reached. I understand 53 miles per journey. I understand five days a week. I understand 260 days a year. I understand 4 years. But I don't understand any of the other figures. A. So I tried to calculate the number of days attended over the years so it's difficult then to work out because you have number of days of weeks -- sorry number of days per week over 4 years. So if you are trying to calculate the different days but you can't remember every single day that you went. MR JUSTICE MARTIN SPENCER: No I understand that. I am not querying whether the days are right or wrong, I just want to see the methodology, what you have done. Because if you were to multiply 53 by 260 you don't get any of those figures. (Pause) A. I don't know. MR JUSTICE MARTIN SPENCER: If you don't know, nobody does, do they? Because you are the one who put this together. A. Yes. It was so long ago. I just did it as best as I could. That is the honest answer. It was such a long time ago. MR JUSTICE MARTIN SPENCER: This schedule which you said was true was only done two months ago, less than two months ago. A. The amended one, yes. MR JUSTICE MARTIN SPENCER: Because this is23 May 2024 . A. I don't know.”
“By Kalia telling me this and instructing me to divorce my husband, he broke up our marriage and ensured my daughters did not have their father in their lives.”
“My entire life has been a lie. Instead of helping a vulnerable woman who was helpless he has taken advantage of me and my daughters. He has literally taken me for everything I have. Thirty odd years of my life I will never get back. … I did not ever question him because he taught us never to question our guru. He made me give my money to him with false promises for a better next life. I feel so stupid, but he was so intimidating I could never bring myself to question him. If anyone ever challenged him, he threatened them by saying they would die a very bad death.”
“Well, I trusted him, I trusted him as God. I didn’t think he would do such things.”
“Well if you think I am wrong, because I cannot explain everything because I am not that much educated like you can see me, and I can make mistakes, anybody can make mistakes and if you think it's wrong you can change it if you think they are wrong.”
“My family members then came into the room and I have no idea what was talked about or for how long. I just remember being numb. At the time I was brainwashed by Mr Kalia and thought he was God. I simply accepted what happened as normal, but deep down I was traumatised. I dared not tell anyone because I did not think anyone would believe me as Mr Kalia was meant to be God. Now I know what Mr Kalia did to me was wrong and illegal. He had no right to touch me inappropriately as he did.”
“We got married but it soon became apparent that there were issues and the marriage only lasted 10 months. During the marriage, when I was at work, H would go to Coventry on her own without telling me. Eventually I became suspicious and confronted her. She openly admitted that she was and had been in a physical, sexual relationship with Mr Kalia for many years and was continuing with it.”
“The Claimants have made these allegations against me in an attempt to obtain money from me. Their motivation has always been, and continues to be, financial.”
“MR JONES: … Nowhere there do you mention your son having helped you with your statement? A. Yes, but you need to understand that English, I don't know English and I know Punjabi, so my son had to help me. Q. But why is the involvement of your son not mentioned in the statement? A. Yes, but this is common sense. When I don't know English, I need somebody. Q. The question I asked was why is the involvement of your son not mentioned in the statement? A. I have said this is common sense. When I don't know English, my son has to deal with it. He has to do the translation. Q. Well, I understand that. The question is, why wasn't his assistance mentioned in the statement? A. Well I am telling you again that I don't know English. Whatever the solicitor's explaining me, that is in English and my son is with me to assist me. Q. Yes. I understand your son was with you to assist you. Your statement fails to mention that? A. So when you know, why are you asking it again and again? Q. Because you haven't yet answered the question. A. Yes, so like my solicitor, when they are having a conversation with me, my son translates for me because I don't know English and whatever I have to say, then my son translate it back to the solicitors.”
“For the feeling, there is no need of education. If you have a feeling, do you need education?”
“Who has hung it, you must ask him.”
“You must ask the person who has hung it.”
“I just gave them an example that I wish I was there at that time.”
“Yes. Just for entertainment.”
“Yes, it’s also an entertainment.”
“Does any magician tell about his capability or ability?”
“I have told you before I was entertaining.”
“Q. From your knowledge of what goes on in the Coventry Mandir, people can spend lots and lots of time making garlands for festivals, can't they? A. Well, it is their free will, how they want to spend their time. I have got nothing to do with it. Q. Again, you have no responsibility for any of that, you say? A. And when they are making the garlands, am I there? Q. People spend, sometimes, hours cooking for the community, don't they? A. That's not for me; it's for them. So shall I go and cook for them?”
“The group discussed how, instead of working, they could just make up stories about the Temple and Mr Kalia, contact the Council and get the Temple closed down, and then Mr Kalia and his family would pay us money to stop the lies and the rumours.”
“Dear Guru Ji, I am writing this letter after thinking long and hard about the impact my actions have been having on not just myself but the people around me and I am no longer able to keep playing along with what has turned into a very dangerous game. I have to clear my mind of some of the guilt I am holding. This was supposed to end a couple of weeks after the girls went to the police with you offering to pay us to keep quiet. Instead it is still going on and my family have found out from what was going on. At Mandir my cousin Kash Sahota, Rashpal Samrai, PT, the two sisters Mandeep and Harprit Dilbeher, Rajani and myself all used to hang out. I got to know the last two because I was in a relationship with them. Over time our meetings and conversations became a lot more about things we wanted and needed. Kash and Rashpal said they wanted new houses, Harprit and PT and the rest of us all had money struggles and we just wanted a quick get-out. Mandeep told us one day that she had been at work and looked into your bank accounts and said that there was a lot of money inside those accounts and the conversation quickly turned to ways of ripping you off. Every person in the group was saying negative things about you and your family which was strange because they all came to Temple. I was in a relationship with Asha for a period of nearly 2 years and the rest of the girls used secrets about my personal life to blackmail me to do what they said. I was having issues with my family at the time because I was in a relationship with Asha and had also had sexual relations with Harprit and Rajani. I didn’t think that my so-called friends would take advantage of my trust and threaten to blackmail me by telling my parents about my private life – something I was not happy with. The group used constant threats to the point I felt I had no other option than to do what they said. I basically became their Joey turning people against you. I am so sorry I joined in with the lies that the group made up that you stole people’s money and touched women and kids. This was just to make you scared and pay us some of the money in your accounts which Mandeep had seen. Some of the girls set up new businesses and said they had the money out of you soon enough to make things work. I can tell you it was me that made calls about you to the Council, to Tax Department, Financial Services so that they could do over your business. Because we knew you always go to India in March we wrote a fake email tip-off to the Indian Immigration people to say you were laundering money and transporting drugs. In my own needs and money struggle I went with what was happening but in the end my family found out everything. So I feel like I have nothing to lose by telling the truth and hoping I can sort this mess out. I’m so sorry about all this. I can’t begin to say how sorry I am but if there is anything I can do please tell me. I feel so ashamed of myself that I let all this get on top of me and in doing so got caught up with all those people. If you need me to call the Council or police or anyone I am happy to do so. I can’t have this all on my head anymore. All these secrets and leading a double life has done my head in so I am coming clean about everything to my family and you and to anyone else I may have hurt. I hope you can find a way to forgive me. Yours truly Ruby Gill.”
“She told me again about the reason her parents stopped going to the Temple in 2019. I understand this was because, as they explained to her paternal aunt, her cousins Serena and Ruby were being sexually abused by the Guru.”
“I can’t remember because they never followed it up with me.”
“They did. Yes. They made sexual allegations saying Guru Ghee is a kid fiddler, they brainwash people and they touch women and kids.”
“I wrote a letter of confession. I didn’t have to put it all in my book.”
“Did you not think you should contact them and make a statement?” to which she answered: “No because they used to tell me to – they contacted like for me financial services – it was a lot. It was a huge amount. Then The Sun newspaper they wanted to put Guru Ji’s reputation down. It was one after another and my head was just bursting. It was just like everywhere, like shocked, over-whelmed, scared, feared, wanted to cry, how do I take it out. It’s all stuck.”
“It’s not a lie. I put everything in a confession. It’s not easy to put everything in a confession, not for anyone and certainly wasn’t for me. I was actually scared and feared.”
“We didn’t harass anybody. They harassed us.”
“Because they are feeding cows, where is there any affinity in that? I’ve just said that a lot of people in India feed cows. You know, they are sacred animals. I don’t understand or even agree that there is any link or affinity or divinity there.”
“I refer to your telephone call.”
“You can do seva for example for your parents or family members or friends et cetera. So it is more like volunteering and working and helping someone. It's not just strictly about this Temple.”
“They were there. And they were the ones doing most of the talking.”
“I didn't know if the allegations had actually gone to the police. I received a phone call from the police because my name had been given and she had asked me if any of the alleged stuff had happened to me and I said to her this is the first I am hearing. I was actually quite offended, you know, that my name had even been brought into it because I had nothing to do with these girls and I didn't want to make a statement at the time because it's just my personality, I would rather stay out of confrontation and I don't want to sort of get involved in anything. But then they sent a letter to my house addressed to my husband and basically alleged that I had an affair and they detailed all of these horrible things so at that point it was only fair for me to go to the police to say, look, they are actually dragging my name into it and it has nothing to do with me. And its evil what they are doing making false claims and trying to tear families and marriages apart. So that's why I decided to go to the police.”
“I said this is a lie, this is a fake. I knew straightaway. I knew Mandeep and I know her sister.”
“She was asking us to lie.”
“[Harprit] became very abusive. She was shouting and swearing at me that I ‘didn’t lie’ and asking why I didn’t lie for them. It was incredibly upsetting. She came up really close to me and my mum. It was alarming. I looked for a security guard but couldn’t see one. We left the shop to get away from her. Me and my mum were both physically shaking after the incident. The women, including Mandeep, who were watching us from a distance were laughing throughout the whole incident, whilst Harprit was being abusive. Me and my mum felt harassed and distressed from the event.”
“BMT IP and [redacted] were shopping in location. When they were near to the exit offender approached and shouted “Why didn’t you fucking lie for me you fucking bitch” and was waving [redacted] arms around. This continued for approx. 1 minute and IP and [redacted] left the store.”
“The Temple gives me hope and positivity; it is about being the best I can be and giving back to the community; it celebrates the little things in life, and enjoying the gift of life.”
“That's not correct. The incident happened. It was the truth and I filed the complaint to the police. There is no reason why I would lie about such an incident. My mum was incredibly upset and it really affected her. She was shaken. She is an elderly woman. I am incredibly protective of my mum and I can't see her getting upset.”
“The services emphasise calmness and how to practice Hinduism on a day-to-day basis. It is all about doing good.”
“It was a male voice which sounded like a pre-recording. It was difficult to work out what the person was saying as the line was crackly, but the message said something like: ‘go to the police with your allegations, go to the police’. I could hear women laughing in the background.”
“her personality was very extreme so she would always go to the extremities of anything that she did. Anything she wanted to do it was to the extreme.”
“Because she made herself so unfit to work -- I mean to say that she was capable of doing anything. She knew to make herself ill to the point where she said I am sick but not to the point where she would be sectioned. So she would always say I am not suicidal but I am that severe I can't pick up the phone, I can't do anything, I am totally incapable. But I couldn't possibly have made that phone call.”
“It makes no sense whatsoever that Ms Sahota would want to marry a member of my father’s family if she was being abused by my father as alleged.”
“I believe the Claimants have made these allegations against my father solely in an attempt to extort money from him”
“Technically the Guru is about teaching but there has in recent times, in recent traditions, been this element of intercession, which is at the moment up in the air so to speak. There is no definitive answer unfortunately.”
“So why do none of your reports contain that statement?”
“I’m not sure. I normally put that in.”
“At the end of an expert’s report there must be a statement that the expert understands and has complied with their duty to the court.”
“It is an error. I left it out. I made an error.”
“A report must contain a statement that the expert understands their duty to the court and has complied with that duty and is aware of the requirements of Part 35, this practice direction and the guidance for the instruction of experts in civil claims 2014.”
“It’s just an error.”
“It should not be incomplete or otherwise tend to mislead, the imperative is transparency. The term “instructions” includes all materials that solicitors send to experts, these should be listed with dates in the report or an appendix.”
“I don’t know. I normally do that as well.”
“All four Claimants described how a member of RK’s staff would stand guard outside the room at the back of the Temple when he was abusing them. Although RK says that no such room exists, it is of course not difficult to imagine that as soon as he had been arrested RK arranged for the room to be disassembled, just as it appears that there is no longer any YouTube evidence of his talks in the Temple in the UK or in India.”
“Why did you put that into your report? Because on one view it could be thought that you were arguing the case for the Claimants by saying that.”
“That’s true My Lord. I think after … I shouldn’t have put that in. I think after hearing what these women had said and maybe it had been suggested to me that that’s what had happened, I put that in. I should not have put that in, My Lord.”
“Experts should take into account all material facts before them. The report should set out those facts and any literature or material on which they have relied informing their opinions. They should indicate if an opinion is provisional or qualified or whether they consider further information is required or any other reason they are not satisfied that opinion can be expressed finally without qualification.”
“I spent over 16 hours with these clients. This was preceded and followed by in-depth research into the subject of mind control, psychological trauma and helplessness, rape trauma syndrome, complex post-traumatic stress disorder, scepticism concerning the voracity of women’s claims of sexual abuse and the tendency to categorise them as unreliable witnesses and the current discourse of belief that pertains in society today, especially in terms of the possibility of abuse occurring in religious organisations.”
“Did that research include going online to look at an article written by Dr Amanda Lucia?”
“In the course of our discussions it emerged that in this and the three related cases Dr Blyth took a full life history from each of the Claimants. She did not include it in her reports and has not commented on any inconsistencies between the life history and other sources of information.”
“In the course of our discussions, it emerged that Dr Blyth also took a full life history from all four Claimants, and she did not include it in her reports but believes it supports her findings using the SCL-R-90.” (Emphasis added)
“No it’s just me stating that’s what some Professionals believe. I went on to talk about Complex Trauma.”
“The damage that [Religious Trauma Syndrome] or spiritual abuse has caused these Claimants has been vast and even debilitating.”
“Sorry, I can’t remember this report.”
“I’m sorry I’ve had problems with my computer this last week and problems with my printer.”
“So the answer is no?”
“compares most easily with PTSD, which results from experiencing or being confronted with death or serious injury and causing feelings of terror, helplessness or horror. This can be a single event or chronic abuse of some kind. … Like PTSD, the impact is long-lasting, with intrusive thoughts, negative emotional states, impaired social functioning and other problems.”
“The claim that RK in adult life was able to make HD act against her will is inconsistent with any psychiatric explanation. HD told me she felt unable to say no when RD raped her repeatedly, and she said she just went along with it because of the power and influence he had over her. In the absence of any material influence or coercion, I have never heard an adult speak about a rape or sexual assault in this way, and I have reported on a great many such assaults. It is ultimately a matter for the Court but the possibility of fabrication cannot be excluded.” e) In relation to limitation, Professor Maden expressed similar views to those expressed in relation to the other Claimants upon whom he reported. (iv) C4: Mandeep Dilbeher a) As with the other three Claimants upon whom he was asked to report, Professor Maden found Mandeep Dilbeher to be highly unusual in relation to her denial of responsibility for her own actions and choices for which there was no psychiatric explanation in the absence of impairment of the mind within the meaning of theMental Capacity Act 2005 . The only non-psychotic psychiatric diagnosis in which denial of responsibility for one’s actions is a major feature is dissocial or antisocial personality disorder, which he does not diagnose. Again, as with the others, coercion of adults into sexual activity is not something usually encountered in people who are living and working at liberty. This is to be compared to institutional settings or other situations where there is a high degree of control and restriction of freedom. b) As with Ms Sahota and Harprit Dilbeher, Professor Maden found Mandeep Dilbeher to be rather guarded in her answers to his questions and he found it difficult to establish a rapport with her. In his opinion, she has never lacked the mental capacity to consent to a sexual relationship or to complain or litigate. c) From a psychiatric point of view, Professor Maden was concerned by the extent of the inconsistencies between what Mandeep Dilbeher told him and what is contained in her medical records. In particular, she told him that, for psychological reasons related to the alleged abuse, she had never had an intimate relationship. However, the records show that on 27.03.18 she saw a gynaecologist for postcoital bleeding, there was reference to terminations of pregnancy in August 2017 and in January 2018, and she was in a stable relationship. If this is correct, it undermined much of what she told him and what she has said in her witness statements about the impact of the abuse. Acknowledging that the full implications of this were for the Court to consider, Professor Maden said that, at a minimum, Mandeep Dilbeher’s unreliability in reporting to him, on aspects so fundamental to any psychiatric assessment of the impact of sexual abuse demonstrated that he cannot rely on her uncorroborated account as the basis for any diagnosis. d) Professor Maden stated: “As [Mandeep Dilbeher] has chosen not to give me an accurate account, I will confine my comments on diagnosis to mainly to the evidence of her witness statements and the medical records.”
“We have tolerated it for as long as we can and no longer. It is clear to me personally but also to those whom I represent, that it is becoming increasingly difficult for us to represent him and I would submit also for Mr Kalia fairly to give his evidence.”
“Alright. I am going to say something to the public, which is this: I understand, because of the nature of the allegations that have been made in this case, that feelings are running high on both sides. But it is essential, if the course of justice is to run smoothly, that everybody behaves themselves in an appropriate way in court and outside court, and that includes, difficult as it may be, treating everybody, whether they are for your side or the other side, with respect and dignity. Everybody deserves respect and dignity. It is too easy for that to be forgotten as the temperature rises, with the evidence that is being given and with, in particular, cross-examination. We are coming to a sensitive part of the evidence in relation to sexual allegations and that can only increase the temperature. If I have a single further report of unacceptable behaviour, then I will do as Ms Crowther has suggested and simply clear the court of everybody, and that goes for the overflow court too, and there will be no public observation of these proceedings whatever. I am sure that that is not what anybody wants in this court. Those supporting Mr Kalia want to be in court to support him; those supporting the Claimants want to be in court to support them, and I understand that. We have a tradition of justice being done in public but not at the expense of due order and appropriate behaviour. Not only will I clear the court but, if necessary, I will take the powers which I am given and have to imprison those who I consider to behave in contempt of court. I have powers immediately to imprison somebody. We have security officers and the Tipstaff at this court, who, if I summon them, will come to court and will immediately take somebody away to prison if they don't behave properly. So what you must realise, everybody, is that there is a jeopardy here as the potential penalty for inappropriate behaviour. I don't mean just in court but I mean outside court and in the environs of the court. My powers are widespread and extensive and I will not hesitate to exercise them if there is any further improper behaviour. Now, that is sometimes known as “reading the riot act”
“The Defendant is not therefore able to say with certainty, or even that it is more likely than not, that it would have had the assistance of documentary records about Riddle’s time at Mirfield if the claim had been brought within the primary limitation period. … the Defendant is entitled to say that the absence of personnel records puts even greater emphasis on oral testimony and the difficulty of recollecting without the assistance of that contemporary documentation becomes the more acute with the passage of time.”
“My submission is these schedules have been put together recklessly as to the truth of their contents or not. They are not an honest assessment of the Claimant's claims. And several of the Claimants expressly disavowed them when challenged in evidence. In my submission, that's simply not good enough. You can't raise very substantial claims for damages in this way and then simply drop them, especially when they inherently include allegations of fraud, as they do with respect to the payments claims. And in a fact or fraud claim -- in my submission, it shouldn't be tolerated. For those reasons I say that the Claimants’ conduct in this case is such that the discretion under section 33 ought not to be exercised.”
“Now the doctrine of laches in courts of equity is not an arbitrary or a technical doctrine. Where it would be practicably unjust to give a remedy, either because the party has by his conduct done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases lapse of time and delay are most material, but in every case if an argument against relief which otherwise would be just is founded upon mere delay, that delay, of course, not amounting to a bar by any statutory limitations, the validity of that defence must be tried upon principles substantially equitable. Two circumstances always important in such cases are: the length of the delay and the nature of the acts done during the interval which might affect either party and cause a balance of justice or injustice in taking the one course or the other so far as relates to the remedy.”
“the influence of one mind over another is very subtle, and of all influences religious influence is the most dangerous and the most powerful, and to counteract it Courts of Equity have gone very far.”
“Pavan Kalia said that he spoke to a Richard Holiday of Olliers who advised they would have to interview the writer (Ruby Gill) and ascertain the veracity of the letter, its nature and context. However Rajinder Kalia was due to attend the police station on 2 August and they decided to take the letter with them and ask the police to forward it. However, when they attended on 2 August they were given the letter which said that there was to be no further action in any event and therefore Ruby Gill’s letter didn’t need to be used. Pavan Kalia said that the letter was genuinely dated17 July 2017 and he read it to his father 3 days later on20 July 2017 . Mr Jones suggested to Pavan Kalia that if the letter had been in existence in July 2017, he and Olliers would have taken every step to ensure it was placed before the prosecuting authorities for the allegations made in it to be properly investigated. Mr Kalia said that they decided to take a different approach rather than do what Mr Jones was suggesting.”
“...a person consents if (s)he agrees by choice, and has the freedom and capacity to make that choice” (sees.74 of the Sexual Offences Act 2003 ). Mr Jones submitted that none of the First to Fourth Claimants either had, or understood themselves to have, a choice and/or the right to refuse the Defendant’s demands upon them. Accordingly, they lacked capacity, applying the dictum of Mrs Justice Parker in London Borough of Southwark v KA and Ors[2016] EWHC 661 (Fam) : “The ability to understand the concept of and the necessity of one’s own consent is fundamental to having capacity: in other words that P knows that she/he has a choice and can refuse.”
“If all these Claimants truly believed that to get closer to God they had to obey every command of the Defendant, and that they were led to believe by him that that was a necessary component of getting closer to God and being pure and being spiritual and all the rest of it, then they did not know that they had a choice, they in effect had no choice, and they did not know that they could refuse, they in effect could not.”
“The principles as to the exercise of the s.33 discretion set out in Carroll v Chief Constable of Greater Manchester have in subsequent cases been regarded as an authoritative distillation of s.33(3). The general principles, as appear relevant to the present case, may be summarised as follows: 1. Section 33 is not confined to a residual class of cases: it is unfettered, and requires the Judge to look at the matter broadly. 2. The matters specified in s.33(3) are not intended to place a fetter on the discretion given by s.33(1), as made plain by the opening words “the court shall have regard to all the circumstances of the case”, but to focus the attention of the Court on matters which past experience has shown are likely to call for valuation in the exercise of discretion and must be taken into consideration by the judge. 3. The essence of the proper exercise of judicial discretion under s.33 is that the test is a balance of prejudice, and the burden is on Cs to show that their prejudice would outweigh that to D. Refusing to exercise the discretion in favour of a Claimant who brings the claim outside the primary limitation period will necessarily prejudice the Claimant, who thereby loses the chance of establishing her claim. 4. The burden on the Claimant under s.33 is not necessarily a heavy one. How heavy or easy it is for the Claimant to discharge the burden will depend on the facts. 5. While the ultimate burden is on a Claimant to show that it would be inequitable to disapply the statute, the evidential burden of showing that the evidence adduced or likely to be adduced by the Defendant is, or is likely to be, less cogent because of the delay is on the Defendant. 6. The prospects of a fair trial are important. It is particularly relevant whether, and to what extent the Defendant’s ability to defend the claim has been prejudiced by the lapse of time because of the absence of relevant witnesses and documents. 7. The reason for delay is relevant and may affect the balancing exercise. If it has arisen for an excusable reason, it may be fair and just that the action should proceed despite some unfairness to the Defendant due to the delay.”
“If, B claims that undue influence was exerted by B’s solicitor, it will follow that a relationship of influence existed and, if B is also able to show that the impugned transaction calls for explanation, the presumption of undue influence arises.”
“1) Section 33 is not confined to a “residual class of cases”
“From a psychiatric perspective, RS like all the other three Claimants is highly unusual because I have never before encountered adults denying responsibility for so many of their own actions and choices. In the absence of any impairment of the mind or brain required by theMental Capacity Act 2005 to allow one to overturn the assumption of mental capacity, there is no psychiatric explanation for this behaviour, which was never apparent to any treating clinician. The only non- psychotic psychiatric diagnosis in which denial of responsibility for one’s actions is a major feature is dissocial or antisocial personality disorder. I have of course encountered cases in which there has been coercion of adults into sexual activity. This would ultimately be a matter for the Court but in my experience it arises only when there is considerable control and restriction of freedom – as the ICD11 definition of cPTSD implies. It is not something that arises from simply asking people to do something while they are living and working at liberty.”
“The first time I was raped was before I was due to start university”
“Amandeep Dutta? I don’t even know who Amandeep Dutta is”
“Also importantly, the fourth Claimant has not alleged in these proceedings that the Defendant made her give him oral sex in the priest room and nor did she allege it in her first interview to police in January 2017. However, and again, at the second police interview, which as we know occurred after the Claimants had been told that no criminal activity was disclosed, she said she had more information to give and in that interview she gave a very different account, saying that her first sexual encounter with the Defendant was when she was 10 or 11 years old, so much younger than she'd previously said, and she'd also changed her account about not going to the Temple, but then was now saying that she went weekly on Sundays.”
“There is a big gulf in the middle of the case in respect of the undue influence allegations, and it's this: that even if there is a relationship where someone has a high status and potential to influence someone else, it's still necessary for the court to be satisfied that that influence has actually been exercised, and that that is causative of the things that were said and done. And that, in my submission, can't simply be met by broad assertions that people were treated as slaves or that people were made to do things or required to do things or instructed to do things. That, with respect, is semantics. What you need to do is adduce facts and matters which would explain why it is that these adult individuals of full capacity have felt that they had no free choice but to go along with what was being suggested. In my submission there isn't any real evidence of that. The Temple is not a closed community. It is not a regime. There is no objective evidence that the Defendant ever said anything to anyone that suggested that there was some kind of penalty or other kind of disadvantage that would be imposed if people didn't come.”
"Each of them I am instructed is considered highly unlikely to be in a condition to travel to London to give evidence in person. My instructions this morning are that it is considered unlikely that any of them will be fit to give evidence by video-link from their homes in the West Midlands. I have asked for appropriate medical evidence to be obtained in relation to each of them to explain the nature of the condition or conditions from which they suffer, how that affects their ability to give evidence and so on in the usual way."
"The chronic situation we have no evidence of. There is no medical evidence in the bundle and it wasn't suggested at the pre-trial review that there were any health issues that would impact on attendance at all."
"Our position is that it is simply not good enough and it is contemptuous of the court and they ought to be put to their election as to whether they wish to proceed now or not."
"We have had no news at all from Peacock & Co. I spoke to my learned friend this morning before sitting and the position remains that Claimants 5, 6 and 7 have indicated that they are not going to attend and do not intend to attend. Mr Jones has told me he wishes to obtain some medical evidence but our position is as follows that medical evidence appears to be adduced for the purpose of explaining why they have not attended. There is no adjournment application either intimated or suggested and it is difficult in these circumstances to see whatever that medical evidence might say what difference it is going to make, because you are not being invited to do anything other than proceed with this claim. It cannot be that we are left in a state of uncertainty as the evidence opens as to what evidence is going to be led and what claims are going to be in issue."
"Mr Jones has just within the last five minutes informed me that the Seventh Claimant has now changed her mind and intends to come and give her evidence in person next week. In respect of the Fifth and Sixth Claimants, I am told that Mr Jones wishes to make an application in due course for them to give their evidence via video-link. As things presently stand there is no medical evidence from any of the Claimants, Fifth, Sixth or Seventh, about what has been going on and we were told on Tuesday that there was an appointment for Claimants 5 and 6 with the GP yesterday. I don't know if that took place, I don't know what the outcome of it was but obviously if there were to be an application for video-link evidence that would give rise to some practicalities. Not least because Claimants 5 and 6 wish to give their evidence in Punjabi and the bundles are extremely substantial and mostly in English. So there are other considerations that arise in addition to the fundamental question as to whether the medical evidence justifies the application in the first instance."
"The position in relation to the Fifth, Sixth and Seventh Claimants has evolved and I am instructed now that they will all be coming to give evidence in person."
"In 2012 I suffered another work accident. A ladder fell on my right shoulder, my work colleague lost his balance."
"Now your witness statements, Mr Singh, are written in English, yes?"
"Yes, they were read to me in Punjabi."
"They were read to me in Punjabi."
"No. I didn't go to school and I can't read or write."
"I would preface matters by saying, as your Lordship may have observed this afternoon, developments came as a surprise to me. They also came as a surprise to my instructing solicitor. We had each had the understanding on instructions that the Fifth and indeed Sixth Claimants could understand, could converse in and could read English, and there was nothing, I am instructed, to alert my solicitor or, for what it is worth, me that there was any deficiency in those statements. My Lord, you may recall when dealing with the question of the interpreters I addressed the court on the basis that I understood that the witnesses would be able to converse in English, would be able to give their evidence in English but might need interpretation to deal with particular concepts, particularly difficult words, as with the lady from whom we heard evidence this morning. It transpires first of all, as has been elicited in a few short questions from my learned friend, that there is a breach ofpractice direction 32 , paragraph 18.1. That of itself in my submission doesn't automatically mean that the evidence must be excluded. It gives the court a discretion as to whether or not to admit the evidence based on my reading of paragraph 25.1 of the practice direction. But I must alert the court, I have already alerted my learned friend, to a further difficulty. It transpires, I am instructed, that neither the Fifth nor Sixth Claimants can read or write in either the English or the Punjabi languages. This is something I am instructed of which they are, well, they are embarrassed about it. I am instructed that their daughter, Ms Kashmir Sahota, the second Claimant, was, until today unaware of that fact. Against that background, my application is to adjourn taking the evidence of the Fifth and Sixth Claimants to see whether the matter can be rectified. In my respectful submission, that doesn't necessarily take up an undue amount of court time, because I have other witnesses to call in the form of the Fourth Claimant and Mr Garcha who happens to be present this afternoon. In the interim what I would or those instructing me would seek to do is obtain proper Punjabi language statements from the witnesses to comply withpractice direction 32 , paragraph 18.1 and to obtain the appropriate certificate by an authorised person who has read the statements to the witnesses and can confirm, assuming that they can confirm that the witnesses understood the statements and so forth and were able therefore to sign them in accordance with the statement of truth in accordance withCPR part 22 ."
"Those who instruct me bluntly get [I think it must be to grips with it] and try to obtain witness statements in proper form and properly certified and then obviously translated back into English so that they can be understood by my learned friend."
"A witness statement must comply with the requirements set out inpractice direction 32 ." 32PD, paragraph 18.1 provides: "
"A witness statement should be drafted in the witness's own language."
"Where a witness statement is in a foreign language, the party wishing to rely on it must have it translated and file the foreign language witness statement with the court. Where a witness statement does not comply with part 32 of this practice direction in relation to its form, the court may refuse to admit it as evidence and may refuse to allow the costs arising from its preparation."
"Permission to file a defective affidavit or witness statement or to use a defective exhibit may be obtained from a judge in the court where the case is proceeding."
"If a witness is not sufficiently fluent in English to give their evidence in English, the witness statement should be in the witness's own language and a translation provided."
"Taken in combination with the shenanigans, if I can call it that, about whether they were going to attend or not and the medical evidence, our submission is that the clear implication is that there has been effectively no engagement by the fifth and sixth Claimants in this claim and that the court can't have any confidence that this action is actually being brought by them. What seems to be being happening is that it is being brought by the second Claimant. We think there are additional difficulties to the ones which your Lordship has identified. We would also agree that the pleadings and the schedules, and I point out at this point that the Fifth and Sixth Claimants bring claims for£276,000 in payments in their schedule, and that is before we look at unpaid work. All those schedules can't possibly be the evidence of either the Fifth or Sixth Claimant. Even worse, in that witness statement, the first witness statement which I was just cross-examining Mr Singh about when we broke off his evidence, he actually says at paragraph 2 that he had read the statement of his wife and confirmed the accuracy of its contents. So there is a statement of truth issue about the contents of the statement itself. In his third witness statement he refers to the fourth witness statement of the second Claimant and says he has read that and confirms the accuracy of its contents. So it cannot be that the evidence which might be produced in due course will be the same as what we have seen before. It will have to be different and it will also have to explain how it could possibly have been that these statements of truth were signed."
"They [that is the witnesses] will have to be completely reproofed from top to bottom on the pleadings, on the schedules, on every single document. They have done four witness statements each, they cross refer to other witness statements, it is not a small problem. It is not just a question of typing out the statement again and saying, 'it has been read back to me' and putting the certificate on it. In fact, if they did that, and, my Lord, you will have noticed in reading the statements of the fifth and sixth Claimants they are very similar, very similar indeed. We submit all this suggests they have never really engaged with this and there is no good reason to allow any indulgence at this stage."