Detectives were convinced Sir Cyril Smith was a serial paedophile 42 years ago – only for prosecutors to dismiss the case THREE times.
Our investigation has revealed how police compiled an 80-page dossier of evidence in 1970 in which the former MP was accused of molesting eight boys.
In a covering note, the senior investigating officer wrote that it was ‘impossible to excuse’ the conduct of Smith, who had ‘used his unique position to indulge in a sordid series of indecent episodes with young boys to whom he had a special responsibility’.
The case was rejected by the office of the Director of Public Prosecutions (DPP), which claimed in a terse one-page response that the allegations were ‘completely without corroboration’ and that the ‘character of some of these young men would be likely to render their evidence suspect’.
It was one of three occasions on which prosecutors sent back police files after ruling Smith, who died in 2010, should NOT be charged for child sex offences.
We can also reveal the evidence of a new victim, who had told how he was subject to sexual abuse at the hands of the 30-stone politician in Knowl View, a council-run school for vulnerable boys in Rochdale.
It is the first time Smith has been accused of molesting children at the school, which closed in 1992 in the wake of separate allegations of sexual and physical abuse. The victim, Chris Marshall, says he was just seven or eight when then-MP Smith – known among the pupils as ‘the fat man’– forced him to perform sickening sex acts.
Victim of Cyril Smith: ‘He took me into this flat. He was on the bed and another kid was there too’
Greater Manchester Police: Former Rochdale MP Sir Cyril Smith DID sexually abuse boys
A total of 12 men have come forward claiming to have suffered abuse at the hands of the politician, who was knighted in 1988. Most of the allegations relate to Cambridge House, a hostel for deprived boys opened by Smith in 1962.
Detectives confirmed for the first time last night that they believed Smith WAS a predatory paedophile – and say there would be a ‘very realistic’ prospect of prosecution if he were alive today. As long ago as 1969, Lancashire Police were convinced Smith was molesting youngsters at Cambridge House.
Eight boys had made a series of strikingly similar allegations about his behaviour, saying he molested them under the guise of medical examinations and ‘discipline’. We have learned that Smith, when interviewed by detectives, said he was legally in charge of the youngsters and entitled to dole out ‘corporal punishment’.
But on the covering note of the 80-page evidence file, submitted the following year, the investigating officer concluded: "Prima facie, he appears guilty of numerous offences of indecent assault." Despite the certainty of detectives, an official at the DPP’s office – the forerunner of the Crown Prosecution Service (CPS) – replied in a brief letter to the chief constable there was no ‘reasonable prospect of a conviction’. The CPS admitted last night they would have made a different decision if presented with the same evidence today.
Police tried again to refer the file to prosectors in 1998, while investigating abuse in children’s homes across the region under the banner of Operation Cleopatra. But the CPS, which had by that point replaced the DPP, said that, while there was ‘sufficient’ evidence to prosecute, the law stated it wouldn’t be fair to Smith to overturn a decision made nearly three decades before.
The following year, the police AGAIN referred the evidence file to the CPS after another victim came forward, saying he had been abused by Smith in the 1960s. The CPS concluded that, since the allegations were so old – and since the victim had later asked Smith for a favour – there was ‘insufficient evidence’ to bring charges.
GMP, who have been investigating the allegations against Smith in conjunction with Lancashire Police, said it was ‘right and proper’ to acknowledge the suffering of his victims.
Steve Heywood, assistant chief constable of GMP, said: "This has been a very complex inquiry and I hope people understand why it has taken some time before we were in a position to comment publicly.
"It was very important that we examined all our records very carefully so we could be certain what involvement we had in investigating allegations against such a high-profile figure. We are now in a position to say that, on three separate occasions, files were passed to first the DPP and then the CPS containing details of abuse committed by Smith, but on each occasion no prosecution was pursued.
"Having now reviewed those decisions, we believe that if the same evidence was presented to the CPS today, there is a very realistic prospect Smith would have been charged with a number of indecent assaults, and that the case would have been brought to trial.
"Clearly, that is a bold statement to make but it is absolutely important for those victims who were abused by Smith that we publicly acknowledge the suffering they endured.
"Although Smith cannot be charged or convicted posthumously, from the overwhelming evidence we have it is right and proper that we should publicly recognise young boys were sexually and physically abused, and we will offer them as much support as they need should they wish to speak to us."
Rochdale MP, Simon Danczuk, said "What has become clear is that Cyril Smith should have been prosecuted. In both the 1960s and 1990s the police believed there was sufficient evidence to prosecute him for sexual abuse. We now know the CPS failed to act on police officers’ recommendations on three occasions.
"In the last week, I have met with senior police officers. They were in no doubt Smith should have been put in the dock and they wanted the victims to know this."
Sir Cyril’s brother Norman Smith said: "The Smith family is deeply saddened by and concerned about the allegations made so long after Sir Cyril’s death and at a time when he is no longer able to defend himself. Sir Cyril’s unwavering position was that there was no case to answer."
Rochdale council has confirmed it was going back through its files on Knowl View.
Victim of Cyril Smith: ‘He took me into this flat. He was on the bed and another kid was there too’
Greater Manchester Police: Former Rochdale MP Sir Cyril Smith DID sexually abuse boys
CYRIL SMITH TIMELINE:
1952: Smith becomes Labour councillor for Rochdale
1962: Smith opens Cambridge House, a hostel for deprived boys
1966: Smith is made mayor of Rochdale
1969: Lancashire Constabulary investigate claims Smith abused eight young boys at Cambridge House; detectives strongly believe he is paedophile
1970: Director of Public Prosecutions rejects police file, suggesting the boys’ ‘character’ could make their evidence ‘suspect’
1972: Smith becomes Liberal MP for Rochdale, having changed his political allegiance
1979: Rochdale Alternative Press reports testimonies of Cambridge House victims. Smith issues libel writ, but does not sue.
1979: Chris Marshall allegedly abused by Smith in Knowl View, a school for vulnerable boys
1988: Smith knighted
1992: Smith retires as MP
1997: Smith investigated by GMP as part of Operation Cleopatra. A further alleged victim comes forward.
1998: Crown Prosecution Service rejects file for second time.
1999: A further victim comes forward. CPS declines to bring charges for a third time, due to ‘insufficient evidence’.
2010: Smith dies
2012: GMP and Lancashire police reopen their file and confirm they believe Smith was a paedophile
The following is an article in the Rochdale Observer as far back as 2007
Compensation bid over ordeal at Knowl View - September 01, 2007
FORMER pupils of Knowl View School have come forward to speak out about the abuse they endured there more than 20 years ago.
This comes after fellow pupil Michael Seed, friend and priest to former Prime Minister Tony Blair, wrote of the sexual abuse in his book ‘Nobody’s Child’ .
The men now plan to apply under the Freedom of Information Act for reports made at the time, in the hope of seeking compensation through the courts.
One former pupil approached the Observer to tell of the abuse he received at the time and how it ruined his life.
The man – who asked to remain anonymous – attended the school for boys with learning and behavioural difficulties in the 1980s. He said he was abused by fellow pupils and, when this was brought to the attention of staff, he was told to keep quiet.
He said: “The first night I was there the boys all stripped naked and jumped on me. This was when I told my mother,
“She was told that boys would be boys and it would be sorted. But from that moment on I was victimised.
“I tried to talk about what was happening and got told to stop lying or I would regret it.
“Something should be done about it, even after all this time, because it was a nightmare.”
He added that the abuse has had a detrimental effect on him since leaving Knowl View, saying: “This has totally ruined my life.”
A second man said he was physically assaulted while at the school in the 1980s. As a result of his ordeal he tried to take his own life.
He said: “I tried to run away, but I never told my mum why I didn’t want to go back.
“I was stripped naked in the gym hall as a humiliation tactic so I wouldn’t try to escape again.
“In another incident I was beaten up in my dormitory and hit my head on the sink.
“Nobody should have to experience that sort of thing. This can’t be swept under the carpet – something has to be done for other victims as well.”
His mother said she felt guilty for making him attend Knowl View. She said: “That guilt turns to anger at the people who let this happen. He was told he needed to be at that school and when he kept running away I took him back kicking and sobbing.
“When the allegations surfaced, it was all brushed over.”
She added: “More than anything I want this to be out in the open. Somebody needs to be held accountable for what happened.”
http://menmedia.co.uk/rochdaleobserver/news/s/1015186_compensation_bid_over_ordeal_at_knowl_view
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