Lord Janner's £1Million Legacy May Go To His 'Child Sex Abuse Victims'

Executors of Labour peer's will have set aside money to cover potential compensation claims  

By ANDREW YOUNG and MARTIN DELGADO FOR THE MAIL ON SUNDAY

Probate records show that Janner left more than £2.1 million, around half of which has been frozen pending the outcome of legal claims by at least six of his alleged victims.

Lawyers acting for the family of the former Leicester MP, who died aged 87 last December, plan to contest the action in court.

If the abuse claims are found to be unproven, the frozen assets will be distributed according to his will, in which he left the bulk of his fortune to his three children. His wife Myra died in 1996.

Janner died two weeks after he was ruled unfit to stand trial on 22 counts of sex offences against nine boys between 1963 and 1988. A judge decided he was incapable of entering a plea due to his dementia.

A ‘trial of the facts’ – in which as jury is asked to examine evidence and decide whether the accused committed crimes – had been due to start in April. Although this process cannot now take place, the abuse allegations will still be aired in the civil courts.

A source close to Janner’s family said yesterday: ‘As his estate is being sued, a sum has been put aside and cannot be dissipated until the matter is settled.'

‘If it is resolved in the estate’s favour, then inheritance tax on the amount will have to be paid.’

The source added: ‘The claims of abuse will be strongly contested. The family are looking forward to the claimants being cross-examined in court.’

Money from the estate will be used to fight the case and inheritance tax will not be payable on the legal fees, the source said.

The bulk of Janner’s fortune came from his luxury flat in Golders Green, North London. Land Registry records reveal the apartment was sold for £2,035,000 just before his death.

Janner was Labour MP for Leicester North West and then Leicester West from 1970 until retiring in 1997, when he was made a life peer. He campaigned for Israeli and Jewish causes, as well as on women’s equality.


Lord Janner attends a reception to mark the 21st anniversary of the Commonwealth Jewish Council at St James's Palace with the Queen in 2003

Lawyer Liz Dux, who represents several of Janner’s alleged victims, said: ‘The estate is fully aware of its obligations not to distribute any part of the estate while the legal action remains outstanding.’

Janner’s will, signed in 2009, left £15,000 to each of his grandchildren, and £25,000 to his sister Lady Morris of Kenwood. There were also charitable donations of £5,000 each to the World Jewish Affairs Fund, the Commonwealth Jewish Council and Holocaust Educational Trust.

The bulk was left in trust for his three children – Daniel, Marion and Laura.

Janner’s family declined to comment.

Inquiry Hears Lord Janner Sexually Exploited 30 Children

Lord Janner is alleged to have exploited children to commit a 'full range' of sexual offences against them dating back to the 1950s, the public inquiry into child abuse has been told.

The late politician was said to have arranged for children 'in whom he had a sexual interest' to be brought to the Houses of Parliament. 

He died aged 87 in December, just days after he was found unfit to stand trial over historical child sex claims.

Claims: Lord Janner is alleged to have exploited children to commit a 'full range' of sexual offences against them dating back to the 1950s. He is pictured left welcoming children to the Commons in 1976

But now the allegations involving the former MP are being examined as part of the wide-ranging Independent Inquiry into Child Sexual Abuse, chaired by Justice Lowell Goddard.

Speaking at the probe's first preliminary hearing on Wednesday, counsel to the inquiry Ben Emmerson QC said: 'The allegations in summary are that Greville Janner exploited children and perpetrated a full range of sexual offences against them, including what would now be termed as rape.'

'In relation to a number of the complainants it is alleged that Janner abused his position as an MP by arranging for children in whom he had a sexual interest to be brought to the Houses of Parliament.' 

Lord Janner, pictured in a court sketch from August 2015,  died aged 87 in December, just days after he was found unfit to stand trial over historical child sex claims

The late politician (pictured left in 2000) was said to have arranged for children 'in whom he had a sexual interest' to be brought to the Houses of Parliament.

In relation to a number of allegations it was claimed that Lord Janner (pictured right in 2002) abused his position as an MP, the hearing was told.

The offending was alleged to have taken place at children's homes and hotels and dated between 1955 and 1988, the hearing was told.

In relation to a number of allegations it was claimed that Lord Janner abused his position as an MP, Mr Emmerson said.

He added that there were 30 alleged victims, 12 of whom were selected to give evidence at trial.

Seventeen complainants have been given core participant status at the inquiry.

CPS AND POLICE REJECTED THREE CHANCES TO PROSECUTE JANNER

Allegations against the late Lord Janner were reported to the Independent Inquiry into Child Sex Abuse after years of missed opportunities to prosecute him. 

When the allegations became public following a December 2013 investigation, Director of Public Prosecutions Alison Saunders originally decided that the peer should not be charged because he was suffering from dementia.

This was overturned by an independent review and a so-called 'trial of the facts' was called - but the peer died before the proceedings could begin.

In January a report by retired High Court Judge Sir Richard Henriques found that three previous chances had been missed to charge Lord Janner while he was alive:

1991: A complaint of sexual assaults by one individual who featured in the trial of paedophile care worker Frank Beck. The allegation, in essence, was one of grooming and sexual abuse of the alleged male victim between the ages of 13 and 15. The CPS decided there was insufficient evidence to prosecute.

2002: In an investigation named Operation Magnolia. Lord Janner was the subject of allegations as part of a probe into abuse children's home. The CPS says specific allegations relating to him were not referred to them and claim police chose not to pursue him.

2006: As part of a new sex abuse investigation, Operation Dauntless, an alleged victim made allegations of serious sexual offending around 1981 by three individuals including Lord Janner. The CPS decision in 2007 was again that there was insufficient evidence to prosecute.

Director of Public Prosecutions Alison Saunders originally decided that the peer should not be charged because he was suffering from dementia, but this was overturned by an independent review.

While he was unfit to stand trial, a proceeding called a trial of the facts was due to take place at the Old Bailey. However this was dropped when he died.  

Mr Emmerson said the inquiry has so far not received an application for core participant status from Lord Janner’s family. They have previously said he is 'entirely innocent of any wrongdoing'.

The examination of claims linked to Lord Janner is one of 13 investigations launched by the inquiry, which is being chaired by New Zealand judge Justice Goddard.

The inquiry is unable to make findings of criminal or civil liability, but Mr Emmerson said it will 'often be required to make findings of fact on allegations which, if true, may amount to the commission of a criminal offence'.

He added: 'No one should be in any doubt, therefore, that where the evidence justifies it ...the panel will make findings of fact on allegations of child sexual abuse.'

Referring to the inquiry as a whole, Mr Emmerson said: 'The task is vast but critically important.'

He cited figures indicating that between April 2012 and March 2014 more than 50,000 children were identified as victims of sexual abuse, adding that there were suggestions the true number may be as high as 450,000.

Mr Emmerson added: 'These figures should answer the doubts of anyone who questions the need for this inquiry.'

However, Mr Emmerson said: 'No-one should be in any doubt that, where the evidence justifies it ... the panel will make findings of fact on allegations of child sexual abuse.

In January a report by retired High Court Judge Sir Richard Henriques found that three chances had been missed to charge Lord Janner while he was alive.

The judge found that in 1991 prosecutors made the wrong decision not to charge Lord Janner after an 'inadequate' police investigation.

The inquiry will consider whether there were institutional failures to protect children, with bodies including Leicestershire County Council, the police and the Labour Party set to come under scrutiny.

In 2002 Leicestershire Police failed to pass claims made by a second alleged victim to prosecutors, and in 2007 again a flawed decision was made not to charge the politician when a third man came forward.

Director of Public Prosecutions Alison Saunders (left) originally decided that the peer should not be charged because he was suffering from dementia, but this was overturned by an independent review.

The allegations involving the former MP are being examined as part of the wide-ranging Independent Inquiry into Child Sexual Abuse, chaired by Justice Lowell Goddard (right).

The examination of claims linked to Lord Janner is one of 13 investigations launched by the inquiry, which is set to last for five years and has a budget of £17.9million for this financial year.

An overarching investigation will also look into allegations of child sexual abuse and exploitation involving people of public prominence associated with Westminster.

Mr Emmerson said: 'Allegations of the involvement of politicians in child sexual abuse are reported, on the one hand, as evidence of a paedophile conspiracy at the heart of Westminster and, on the other hand, as evidence of a modern-day witch-hunt.

'It is the role of this inquiry to move from the realms of rumour and speculation, allegation and counter-allegation, to the assessment of objective facts.'

He added that the inquiry 'will also need to recognise the damage that can be caused by false accusations of sexual abuse, without hesitating to make findings against individuals and institutions if justified by the evidence'.

The first full hearings in the Janner strand of the inquiry are expected to be held in September. 

Lord Janner to Face Justice After DPP Ruling Overturned

Pressure grows on director of public prosecutions Alison Saunders to resign as it emerges trial of facts will take place after sex abuse allegations

 Lord (Greville) Janner, pictured in 2005. Alison Saunders said it was not
 in the public interest to charge him because he had dementia.
 Photograph: Nick Razzell/Rex Shutterstock

Pressure is growing on the director of public prosecutions, Alison Saunders, to resign after her decision not to charge Lord Janner with a string of sexual abuse charges dating back to the 1960s was overturned in a review by an independent QC.

Janner is to face justice in a trial of the facts following a review from an unnamed QC, the Crown Prosecution Service will announce on Monday.

It will be the first time that allegations against Janner – which have been investigated in the past in three failed police investigations – will be aired in a courtroom.

Actually, they weren't 'failed' police investigations, they were 'sabotaged' police investigations.

Saunders said in April it was not in the public interest to charge Janner, because he had dementia, which meant he was unfit to enter a plea. Her decision was challenged by alleged victims in a formal process known as the right to review. It is believed to be one of the first times that alleged victims have overturned a DPP’s decision.

Saunders overruled a specialist QC, Eleanor Laws, an expert in child abuse law, who recommended that the peer be charged. The DPP’s decision led to an extraordinary rift with Leicestershire police, who spent two years investigating Janner in the latest inquiry and said Saunders’ failure to charge him was “perverse”. The force threatened legal action to overturn the DPP’s decision.

The family of the 86-year-old peer have said he is innocent of any of the allegations.

Alleged victims of Janner said that they had received hand-delivered letters on Saturday informing them that the CPS’s decision not to prosecute had been reversed.

One, who has asked to remain anonymous, said: “It shouldn’t have taken this long – 45 years for some – to get to this point. Saunders should go because she has tried to stop the truth from coming out.”

Another alleged victim, Paul Miller, accused Alison Saunders of incompetence.

Miller, 53, from Leicester, claimed he was groped by the former Labour MP at the Palace of Westminster during a school trip when he was nine. He told the Sunday Express: “It’s great news but Alison Saunders should be sacked. She’s been proved to be incompetent in not making the right decision in the first place. Her position is now untenable.”

Simon Danczuk, the Labour MP for Rochdale, led calls on Friday for Saunders to resign following initial reports that the decision would be overturned.

“All suggestions are that Saunders reached the wrong conclusion in April and this is not the first time she has made a major mistake,” he said. “She has struggled in some of her decisions to pursue journalists through the courts, too. Her job is all about judgment.”

David Davis, the Conservative MP and former shadow home secretary, said this was the right decision but questioned why it had taken Saunders so long to come to this “unusual” conclusion.

“It is hard to know why she decided not to have a trial of the facts in the first place, only to decide to do so after the huge political furore,” he said. “This has been a terrible process which has prolonged the misery not just for the alleged victims but also for Janner and his family.” He stopped short of calling for her to resign, saying to do so would be premature.

John Mann, the MP for Bassetlaw who has called for criminal inquiries into other historical claims of child abuse against former and existing Parliamentarians, said the decision should be welcomed because it would open doors for new inquiries. “This decision is a huge breakthrough. Hopefully, we will be able to look at the way MPs and peers have used privilege and their connections to stop inquiries into their alleged conduct,” he said.

Mann added that he did not want Saunders to leave her post. “This would be a distraction from the job in hand of uncovering the truth about alleged child abuse. She should be shouting much louder to get enough resources to properly resource her prosecutors who are looking into historical child abuse claims.”

In a “trial of facts”, the jury is asked to decide – on the basis of evidence adduced by prosecution lawyers and by lawyers appointed by the court to put the case for the defence – whether or not the accused did the acts he was charged with. Because the defendant cannot put forward a defence, there can be no verdict of guilty and the court cannot pass sentence. All the court can do is to make a hospital order, a supervision order or an order for the defendant’s absolute discharge.

Liz Dux, a lawyer from Slater and Gordon representing a number of the alleged victims, said: “My clients are delighted by this decision. It is a total vindication of why they challenged the original decision of the DPP. All they have ever wanted was to give their evidence in a court and have findings of fact established. They have been denied this right for many many years but now their faith in British justice is restored and they look forward to being listened to after so long.”

Janner Wrote to Michael Jackson About Pedophile Charge

Lord Janner wrote to Michael Jackson to congratulate him on being cleared of child sex charges.

The letter from Janner, who last month was deemed unfit to stand trial for 22 child sex abuse charges, was penned on House of Lords paper with his signature clearly visible at the bottom.

It comes days after Scottish police launched a new probe into the former MP for allegedly sexually abusing a teenage boy.

Janner has always denied claims that he was a paedophile and his family say he is innocent of the alleged sex attacks.

The letter was given to Jackson's friend Mark Lester, who starred in the 1968 classic film Oliver! but never passed on to the pop star, according to Ben Griffiths at The Sun on Sunday.

Best wishes: Lord Janner (pictured right) wrote a letter to Michael Jackson
 congratulating him after his acquittal on child sex charges.
 The pair met during a tour of the Houses of Parliament

Dated July 12, 2005, shortly after Jackson was cleared by a US jury of molesting a 13-year-old cancer survivor, Janner wrote: 'I was so very pleased at the news of your acquittal. What a terrible time you have endured.

'I hope that you will return to London and that I should have the pleasure of seeing you once again ... so good luck and all best wishes. Yours, Greville.'

The pair first met when the peer showed the singer round Parliament in 2002.

Mr Lester found the note during a clear-out at his home in Cheltenham, Gloucestershire, and says Janner gave it to him during a charity do 10 years ago.

Letter: Lord Janner gave
 the letter to Jackson's friend
Mark Lester (above) who said
 it was 'inappropriate'

Mark, 56, said: 'What he said was inappropriate. No one should congratulate Michael on being cleared let alone a QC and peer. It's as if he's saying, 'Well done, you got away with it'.'

Director of Public Prosecutions Alison Saunders maintains that the peer is too unwell to be prosecuted in England, despite evidence that he may have abused children.

But 78 MPs have so far demanded Mrs Saunders change her decision with veteran Labour MP David Winnick saying Mrs Saunders should be called before the Commons home affairs committee.

The former MP for Leicester voted 203 times in the House of Lords even after he granted power of attorney to his children because of his dementia in 2009.

As Scotland has a separate prosecution system, authorities there could make a decision independently of the CPS review.  

Lord Janner Not Out of Hot Water Yet

In fact, the bath water is heating up

God bless you Judge Goddard

You're my hero today

By CHRIS GREENWOOD FOR THE DAILY MAIL

Suspected paedophile peer Lord Janner faces questions by the judge leading the national inquiry into historic child sex abuse.

Justice Lowell Goddard said she will take personal responsibility for examining the actions of the former Labour MP, and will bring in her own medical experts to determine whether it is possible to confront the 86-year-old over the avalanche of allegations against him.

The announcement is a shot across the bows of Director of Public Prosecutions Alison Saunders, who ruled this month that Janner should not be charged.

New Zealand judge Lowell Goddard
said because of the 'depth of public concern'
surrounding Lord Janner's alleged abuse
she could call him and his alleged victims

She found that despite evidence the former MP could be charged with 22 offences against nine people, it was not in the ‘public interest’ to prosecute because of his dementia.

However Justice Goddard, a senior New Zealand judge, said the huge controversy demonstrated the need for a ‘thorough and wholly independent investigation’ into abuse cases.

In a surprisingly direct statement, in which she referred to the Labour life peer as ‘Janner’, she said she will also probe ‘institutions’ linked to his career.

I like this woman. She's my hero today.

Justice Goddard said there was clear public interest in an ‘exhaustive and critical’ inquiry into ‘institutional decision-making’ and making her findings public. ‘Given the prominence of this case, and the controversy that surrounds it, I am taking responsibility for leading this investigation,’ she said.

‘I have asked the Director of Public Prosecutions to provide the inquiry with the full files held by her office and she has undertaken to do this. I expect nothing less than full co-operation from all relevant institutions.’

Oooh! I love this woman!

HOW COURTS CAN DEAL WITH SUSPECTS WITH SEVERE DEMENTIA 

A procedure exists to deal with criminal suspects thought to have mental illness.

In serious cases where a judge rules a suspect is not fit to stand trial a jury can hear the evidence in the suspect’s absence and decide if the individual committed the crimes.

A suspect is not found to be guilty, or not guilty, but a jury do rule on if they have committed the crimes.

Often the judge will order them be detained in hospital, often indefinitely.

The patient's discharge, transfer or leave of absence from hospital cannot be without the consent of the Secretary of State. 

The head of the CPS has stood by her ruling that the case should not go to a special fact-finding hearing for a jury to determine if the allegations against the peer are true.

Alison Saunders said: ‘Dementia in itself isn’t a bar to either a trial or to a trial of the facts, but you have to look at – and the law is very clear about this – is there a need to have a trial on the facts for the public protection?’

Lord Janner

'The depth of public concern surrounding the Janner case exemplifies the need for a thorough and wholly independent investigation into the adequacy of institutional responses to child sexual abuse, particularly where persons in positions of influence are alleged to have abused children in institutional settings and have, for one reason or another, escaped prosecution over a number of years.

'It would of course be quite wrong to pre-judge the outcome of our inquiries in any way, but there is, in my view, a clear public interest in conducting an exhaustive and critical examination of the institutional decision-making processes in this case and in exposing them to public scrutiny.' 

Lord Janner denies the allegations against him and his family have said he is 'entirely innocent of any wrongdoing'.

The independent inquiry into historic sex abuse, ordered by Home Secretary Theresa May, is expected to begin within weeks.

The reformed independent inquiry into child abuse will be able to 'compel witnesses' in a bid to get to the bottom of many difficult and complex claims.

It will probe incendiary claims that Establishment figures were able to prey on children with impunity thanks to their powerful roles in society.  

Yesterday’s announcement revealed for the first time that it will consider potential offences by at least one high-profile figure who is still alive.

Justice Goddard said she will ask experts to reconsider Janner’s health and to examine whether he could be questioned. She has not ruled out the possibility of taking evidence from the retired politician himself or whether there will be public hearings on the matter.

Documents issued by her staff showed she intends to consider the medical evidence given to Mrs Saunders and prior statements by the paedophile suspect. The inquiry will hear evidence from Janner’s alleged victims, along with bodies such as care homes, Leicestershire police, local authorities and the Home Office.

Alison Saunders

It will also look at allegations that ‘improper attempts’ were made to ‘influence the decision-making of relevant institutions by figures of public prominence’.

Labour politician Simon Danczuk said: ‘If Alison Saunders had had the conviction of Justice Goddard, I believe we would be a lot further forward in terms of prosecuting a case against Lord Janner. All credit to Justice Goddard, who is prepared to take a more independent view of what has gone on in this case.'

The Crown Prosecution Service is conducting two of its own reviews – one under the victim’s charter and the second by a retired High Court judge.

The latter will focus on mistakes that let police inquiries into allegations against Janner hit the buffers in 1991, 2002 and 2007.

The CPS said two weeks ago the 'core allegation' was that Lord Janner befriended Beck to access children 'to allow him to perpetrate serious sexual offences' on them.

The politician was first implicated during the 1991 trial of Beck, who ran The Beeches children's home in Leicester. 

A victim told the court the peer regularly abused him. Beck was convicted of child abuse and rape charges. He died in jail in 1994.

Following Beck's trial, Lord Janner, then a Labour MP, stood up in the House of Commons to vehemently deny any abuse, and the CPS decided not to take further action.

Child abuse campaigners have questioned the extent of Janner's mental deterioration after learning that he signed a letter to the House of Lords as recently as this month. 

He has also hosted numerous events in Parliament since being diagnosed with Alzheimer's in 2009.

'Victims' call for review of DPP decision not to charge Lord Janner with alleged child sex offences because of Alzheimer's

Alleged victims of Lord Janner have formally asked prosecutors to review their decision not to charge the peer with child sex offences.

Director of Public Prosecutions Alison Saunders announced earlier this month that the case against the former Labour MP was strong enough to bring to court. 

But she provoked outrage by ruling that Janner, 86, should not face trial because he is suffering from Alzheimer’s disease.

Now a solicitor for several of the peer’s accusers has requested that the Crown Prosecution Service should think again.

Liz Dux of law firm Slater and Gordon yesterday wrote to Mrs Saunders asking her to reconsider the decision not to charge Janner, who is accused of preying on boys at care homes around his former Leicester constituency between 1969 and 1988.

Mrs Saunders found there was sufficient evidence to charge Janner with 22 sex attacks on nine children. However, she said the peer should not be prosecuted because his dementia means he could not follow the court proceedings. Janner’s family have denied all the allegations against him.

Victims of crime have had the right to challenge CPS decisions not to bring a prosecution since 2013.

There is a special legal process for defendants who are found to be incapable of understanding court proceedings.

A jury can be asked to consider whether they did the act they are accused of – but not whether they are guilty of any crime.

However, Mrs Saunders ruled that this would be pointless in Janner’s case as he would ‘inevitably’ receive an absolute discharge from the court.

Lord Janner's signature is redacted, but his printing looks pretty good.
Lord Janner signed a letter on April 9

Yesterday the Mail revealed that the Home Office was warned that Lord Janner was abusing young boys two decades ago but did nothing about it.

An MP passed a dossier of information to the department in the hope it would kick-start a fresh police investigation. But instead the paperwork was shelved by officials until it was discovered in 2013 and belatedly passed to Leicestershire Police.

The revelation will heighten fears that the peer, now 86, was the beneficiary of an Establishment cover-up.

The missed opportunity to bring him to justice echoes the case of the late paedophile Liberal MP Cyril Smith who continued in public life despite repeated warnings of his crimes.

It heaps pressure on the Home Office to reveal exactly who knew what and when about the disturbing allegations against Janner.

Labour’s Simon Danczuk – who outed Smith as a predatory child abuser – called on the department to ‘come clean’.

‘The Director of Public Prosecutions has admitted there were previously missed opportunities to investigate Lord Janner,’ he said. ‘The Home Office needs to come clean on what information was passed to officials in 1995.

‘This scandal is getting worse every day and the public are rightly angry at the shambolic way this case has been handled.’

Mrs. Saunders said that the former Leicester MP was investigated in 1991, 2002 and 2006 but mistakes meant he was never charged.

Now the Daily Mail can reveal a fourth opportunity was missed when an unnamed MP passed a dossier to the Home Office in 1995. The politician received a letter linking Janner to prolific paedophile Frank Beck, who died in jail the previous year.

Home Secretary Theresa May ordered the review over fears her department was holding evidence of historic child abuse by influential people. A trawl through more than 700,000 documents identified four ‘items’ that should be passed to police.

Lord Janner Could be Tried in Absentia, Maybe

Precedent for a Trial of Perpetrator of Child Sexual Abuse who had Dimentia

by cathyfox

HT to Dan for finding this article which can also be found at Western Morning News [1] under the following slightly inaccurate headline.

Lord Greville Janner

Man found guilty of abusing six under-age girls

Posted : May 15, 2010

A DEVON man has been found guilty of abusing six under-age girls in a trial held in his absence at Exeter Crown Court.

Jurors yesterday unanimously found that Michael Collingwood, now 69, of Tedburn St Mary, near Exeter, committed 23 sex offences, including raping one girl.

Judge Paul Darlow instructed the jury to formally enter not guilty pleas to the other six sex offence allegations.

Jurors heard the trial in Collingwood's absence after being told he suffers from severe dementia.

So, it may be possible to try Lord Janner on historical child rape charges after all. I wonder how CPS is going to spin this?

For the rest of the article and links to the original Western Morning News article please visit Cathy Fox