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Cyril Smith abuse claims: 'decision not to prosecute would not be made today' Cyril Smith abuse claims: 'decision not to prosecute would not be made today'
(35 minutes later)
The Crown Prosecution Service has said that a decision in 1970 not to prosecute the MP Cyril Smith over multiple allegations of child sexual assault would not have been made today.The Crown Prosecution Service has said that a decision in 1970 not to prosecute the MP Cyril Smith over multiple allegations of child sexual assault would not have been made today.
Citing changes in the law and attitudes, the announcement is the first official recognition that Smith, a former Liberal MP, went to his grave without having to answer for his alleged crimes.Citing changes in the law and attitudes, the announcement is the first official recognition that Smith, a former Liberal MP, went to his grave without having to answer for his alleged crimes.
The CPS said: "The decision made in 1970 would not be made by the CPS today."The CPS said: "The decision made in 1970 would not be made by the CPS today."
The announcement comes amid renewed recent interest in Smith's conduct and allegations of a cover-up.The announcement comes amid renewed recent interest in Smith's conduct and allegations of a cover-up.
In a long statement, the CPS said that in 1970 prosecutors were passed a file by police containing allegations from eight men that Smith had sexually assaulted them as teenagers.In a long statement, the CPS said that in 1970 prosecutors were passed a file by police containing allegations from eight men that Smith had sexually assaulted them as teenagers.
Despite the allegation being similar and the indecent assaults being "allegedly conducted on the pretexts of either a medical examination or punishment for misbehaviour", a decision was made not to prosecute.Despite the allegation being similar and the indecent assaults being "allegedly conducted on the pretexts of either a medical examination or punishment for misbehaviour", a decision was made not to prosecute.
The boys all lived at "Cambridge House children's home in Rochdale (six of them), or were dependent on Cyril Smith for either employment, financial support or some sort of guardianship", the CPS said.The boys all lived at "Cambridge House children's home in Rochdale (six of them), or were dependent on Cyril Smith for either employment, financial support or some sort of guardianship", the CPS said.
The decision in 1970 by the then director of public prosecutions (DPP) was not to prosecute because of what was judged to be a lack of corroboration and because "the characters of some of these young men would be likely to render their evidence suspect".The decision in 1970 by the then director of public prosecutions (DPP) was not to prosecute because of what was judged to be a lack of corroboration and because "the characters of some of these young men would be likely to render their evidence suspect".
Simon Danczuk, the Labour MP for Rochdale who first raised allegations against Smith on the floor of the House of Commons, said the CPS has serious questions to answer over its failure to act in the past.
"What has become clear today is that Cyril Smith should have been prosecuted for sexual abuse," Danczuk said. "We now know that the CPS failed to act on police officers' recommendations on three occasions.
"In the last week I have met with senior police officers from both Lancashire and Greater Manchester police, who told me they had seen the files I had requested at [prime minister's questions].
"They were in no doubt that Smith should have been put in the dock and they wanted the victims to know this."
Sources close to the current Greater Manchester police (GMP) inquiry into the Smith investigations said the CPS's statement had been released as a face-saving exercise because of intense pressure from former detectives who worked on the cases.Sources close to the current Greater Manchester police (GMP) inquiry into the Smith investigations said the CPS's statement had been released as a face-saving exercise because of intense pressure from former detectives who worked on the cases.
Former detectives had dug out damning evidence of abuse, as well as testimony from officers recommending prosecution, sources said. GMP officers are believed to have held meetings with CPS officials last week about how best to handle the case, with GMP officers keen to release the files as soon as possible.Former detectives had dug out damning evidence of abuse, as well as testimony from officers recommending prosecution, sources said. GMP officers are believed to have held meetings with CPS officials last week about how best to handle the case, with GMP officers keen to release the files as soon as possible.
One alleged victim of Smith, who says he was 17 and had fallen out with his adoptive parents when he was first abused by the former Liberal MP in the late 70s, said the announcement was a relief, but asked MPs to now also say if they knew of the allegations but failed to disclose them.One alleged victim of Smith, who says he was 17 and had fallen out with his adoptive parents when he was first abused by the former Liberal MP in the late 70s, said the announcement was a relief, but asked MPs to now also say if they knew of the allegations but failed to disclose them.
"For years I have harboured a lot of pain and suffering but lacked the confidence to come forward. But the reason that I did not report this was because there was such an inequality of power. I would have been fighting a man who was a member of parliament. I am pleased to hear that the CPS has looked at the files but parliament now has to look at itself too. I think it has failed to protect me or any of his other victims," he said."For years I have harboured a lot of pain and suffering but lacked the confidence to come forward. But the reason that I did not report this was because there was such an inequality of power. I would have been fighting a man who was a member of parliament. I am pleased to hear that the CPS has looked at the files but parliament now has to look at itself too. I think it has failed to protect me or any of his other victims," he said.
In its statement the CPS added: "The file, from Lancashire Constabulary, contained allegations made by eight men that they had been subjected to indecent assaults by Cyril Smith as teenagers. The allegations were very similar in nature, and were allegedly conducted on the pretexts of either a medical examination or punishment for misbehaviour. All the boys were either living at Cambridge House children's home in Rochdale (six of them), or were dependent on Cyril Smith for either employment, financial support or some sort of guardianship. It is noted that 80 pages of evidence was supplied to the then DPP's office with a covering note dated 11 March 1970."In its statement the CPS added: "The file, from Lancashire Constabulary, contained allegations made by eight men that they had been subjected to indecent assaults by Cyril Smith as teenagers. The allegations were very similar in nature, and were allegedly conducted on the pretexts of either a medical examination or punishment for misbehaviour. All the boys were either living at Cambridge House children's home in Rochdale (six of them), or were dependent on Cyril Smith for either employment, financial support or some sort of guardianship. It is noted that 80 pages of evidence was supplied to the then DPP's office with a covering note dated 11 March 1970."
The CPS statement says: "It is important to note that this way of thinking bears little resemblance to how such cases are assessed today or in recent years."The CPS statement says: "It is important to note that this way of thinking bears little resemblance to how such cases are assessed today or in recent years."
The matter was assessed again in 1998. During publicity about a sexual abuse scandal in Wales, one of Smith's original victims phoned a helpline.The matter was assessed again in 1998. During publicity about a sexual abuse scandal in Wales, one of Smith's original victims phoned a helpline.
The CPS said the original 1970 file was recovered and reviewed as was a fresh file from police: "In light of the greater understanding of sexual abuse, the reviewing lawyer concluded that there was sufficient evidence to charge, but that a prosecution should not proceed because Cyril Smith had been told that he would not be charged for these alleged offences 28 years previously.The CPS said the original 1970 file was recovered and reviewed as was a fresh file from police: "In light of the greater understanding of sexual abuse, the reviewing lawyer concluded that there was sufficient evidence to charge, but that a prosecution should not proceed because Cyril Smith had been told that he would not be charged for these alleged offences 28 years previously.
"The law and procedures followed by prosecutors in 1998 made clear that long-standing charging decisions could only be reversed in very limited circumstances, namely new evidence coming to light. This rule applied to all cases and the evidence submitted by police against Smith in 1998 was the same as in 1970.""The law and procedures followed by prosecutors in 1998 made clear that long-standing charging decisions could only be reversed in very limited circumstances, namely new evidence coming to light. This rule applied to all cases and the evidence submitted by police against Smith in 1998 was the same as in 1970."
The CPS says a court would have been likely to have stopped any prosecution for the same reason.The CPS says a court would have been likely to have stopped any prosecution for the same reason.
The statement comes amid fresh claims about the MP's behaviour with children in Rochdale, and after a former special branch officer with Lancashire police said he saw the file in the early 1970s before it was taken away on the instruction of an MI5 officer. Tony Robinson said the dossier was "thick full of statements from young boys alleging abuse", but the file was taken by the secret service around the time Smith could have become a minister in a coalition government planned in 1974.The statement comes amid fresh claims about the MP's behaviour with children in Rochdale, and after a former special branch officer with Lancashire police said he saw the file in the early 1970s before it was taken away on the instruction of an MI5 officer. Tony Robinson said the dossier was "thick full of statements from young boys alleging abuse", but the file was taken by the secret service around the time Smith could have become a minister in a coalition government planned in 1974.
The abuse allegations are centred on the Cambridge House hostel in Rochdale where Smith, who died in 2010, was allegedly given "a disciplinarian role".The abuse allegations are centred on the Cambridge House hostel in Rochdale where Smith, who died in 2010, was allegedly given "a disciplinarian role".
A blue plaque on the front of the town hall honouring Smith has been taken down after the renewed allegations.A blue plaque on the front of the town hall honouring Smith has been taken down after the renewed allegations.