India Appeals but paedophile could walk free

INDIA APPEALS 

But paedophile could walk free 

Conditions in Goa jail, not justice for children, uppermost in UK judge’s mind 

Herald Review July 20, 2014 

Raymond Varley, child sex abuser may walk free, if India’s appeal to get him extradited to face trial here fails. Wanted for over two decades as part of an international paedophile ring that sexually abused and photographed children as young as five years old in Goa, the UK court instead is concerned about his weak knees, conditions in prisons in Goa and a ‘dementia’ certificate he produced. Herald Review managed to get a copy of the ruling 


LISA ANN MONTEIRO

On May 8 this year, the Westminster Magistrates’ Court dismissed an application filed by the Government of India to extradite Raymond Varley to face trial in India for charges of historical child sexual abuse carried out in the late 1980s to early 1990s. Justice Quentin Purdy accepted the defence argument that Varley’s physical and mental health was such that it would be unjust and oppressive to allow the extradition.

On July 10 at a case management hearing in the UK, India appealed the decision and is currently seeking to submit fresh evidence at the appeal stage. The court directed the counsel for the Republic of India to submit a statement addressing the issues of why India chose not to submit separate expert testimony on Varley’s health at the earlier hearing, and the nature of evidence sought to be submitted at this stage. The appeal hearing has been set for October 10 this year.

The May 8 judgement by Justice Purdy created a furore as Varley's arrest warrant dates back to October 1996 and he has been elusive for almost two decades. Child rights activists are angry that he got away too easily on grounds of dementia.

Pursued by the law for almost 20 years, Varley attempted to cover up his identity. He changed his name to Martin Ashley by deed poll in 2000 and his lawyer claimed he never visited India and was not the man in the pictures with the children. The photos and the children’s statements is the hard evidence that has continued to stalk him all these years.

In the prima facie case Justice Purdy said that he couldn’t compare Martin Ashley today against photographs of an adult Western male that were at least 20 years old and not of good quality. He said he was however “ bound to consider all the evidence.

In my judgement the documented visits on the preserved records ( those alone now remaining) of visits to the Tourist Hostel, Margao, Goa can safely and accurately be confirmed to be this Requested person by precise reference to his British passport number." Varley’s lawyer further argued that he cannot face extradition in 2014 for allegations at least 20 years ago because " by reason of passage of time" and blamed Indian authorities for delays.

Indian immigration records show Varley was in India in 1991, 1992, 1993, 1994, 1995. Despite Thailand and India having an extradition treaty and a Bangkok address having being provided in 1996, there was no extradition request. Not until 1997 does a superintendent of police send extradition papers to the Minister for External affairs seeking extradition.

Martin Ashley left Thailand on March 28, 1997 and the Interpol Red Notice to track him down came only on January 23, 1998. There was a failed London arrest attempt in 2000.

But the deed poll name change cannot be an excuse for the delay on the part of the Indian authorities, because by August 8, 2000 the UK authorities informed India of the new name and new passport. He was eventually found in Thailand and deported and then arrested in 2012 in his native Halifax, Yorkshire.

Peter Caldwell prosecution advocate argued that India was facing a " global enquiry" with " numerous suspects" beyond India and that a " consistent pursuit by the Indians globally without success" cannot be said to be culpable delay.

The judge rejected Varley’s ' passage of time' challenge.

The defence also argued that Varley should not be extradited because of human rights— namely prison conditions in Goa and his failing health.

Just how convoluted the process of justice for the Goa children has become can be viewed from the fact that the UK sent two experts to Goa to review the prison facilities here in the interests of the “ human rights” of the child abuser. In 2013 Lord Ramsbottam ( former chief inspector of HM’s prisons) and Prof Rod Morgan visited prisons in Goa and concluded that Varley’s human rights would not be infringed here.

In Prof Morgan’s report he states “ … in my judgement a prisoner such a Raymond Varley, taking account of his age, medical condition and culture, would likely find living stressful but I do not think it can be said that his human rights would be infringed.” Lord Ramsbottom takes a similar stance. " Although differently applied than in the UK, no aspects of human rights conditions appeared to be at risk of being breached in Colvell ( meaning Colvale) prison". The British paedophile however has used every trick in the bag to escape extradition to India. Under ‘ medical evidence’, Varley speaks of “ very bad knees” for which he takes medication.

The problem has “ got worse throughout 2013”, meaning he “ simply” cannot squat. The significance is that Prof Morgan’s report says the toilet arrangements ( in the Goa jail) are a hole requiring squatting, therefore help from others would be needed.

After seeing the reports by Lord Ramsbottam and Prof Morgan and the Indian reply on prison conditions, Linda Atterton, a neuropsychologist who examined Varley said she has no doubt that he has “ moderate to severe dementia already”. The prosecution challenged her qualification to make such findings pointing out that she wasn't a psychiatrist within the National Health Service ( NHS) and that there was " little actual evidence available to support the assertion of unfitness”. He said one could not simply conclude that dementia makes extradition oppressive.

The defence argued that India had chosen not to commission its own expert merely to challenge Atterton’s competence.

But neuropsychologist’s report weighed heavily with the British judge who was swayed more by his concern for the health of the child abuser than serving the interests of justice for Indian children. Justice Purdy concluded, " This case has been long and heavy going for all involved. Complainants in India may very well feel denied due process for allegations of the most grave. As indicated in detail I reject all challenges raised for the reasons given save per S 91 finding an extradition order to face trial for a man suffering from dementia needing " immediate daily support" must be both " unjust' and " oppressive" and therefore barred.

Bharti Patel, CEO of ECPAT UK, an NGO that is campaigning against child trafficking and transnational child exploitation says India should have ensured better preparation on evidence gathering and this would have helped argue the case considering the time lapse and Varley’s age.

“ Medical evidence on health of an individual facing trial should have been anticipated by India and better case notes could have been prepared.

India should have submitted expert evidence with regards to Varley’s defence of his health condition.” During the pendency of the extradition proceedings against him, Varley is on bail with conditions attached such as staying away from places where he could come into contact with children. UK newspapers have recently photographed him freely walking the streets amidst unsuspecting shoppers in the market town of Todmorden West Yorks.

If the Indian government’s appeal against the magistrate’s ruling fails and Varley is not extradited, there will be no charge against him in the UK and he will therefore walk free as a result.

Kanchan Prasad spokesperson for the CBI pointed out to the racial element in the case. “ It has a lot to do with white mindsets and attitude.

They wouldn’t like a white person to be tried by a brown person. They feel his rights will be violated in India under the present conditions.” It isn’t only India she says but sentiments abroad also who are shocked at the verdict given by Justice Purdy.

Varley’s case dates back to 1991 with the arrest of the notorious Freddie Peats an Anglo German who ran an international paedophile network from Goa under the guise of caring for street children and orphans. The children in the Margao home operated by Peats would be photographed while being sexually abused by a string of foreigners, among them, Raymond Varley. Peats was sentenced to life imprisonment in 1996 and died in prison in 2005 at the age of 81.

Varley visited the orphanage since the 1980’ s almost every year during Christmas. Some of the children he abused were boys as young as five and seven. Review Bureau