Western Mail

‘Code of practice needed for accused public figures’

- Martin Shipton Chief reporter martin.shipton@walesonlin­e.co.uk

POLITICIAN­S accused of sexual misconduct should not be suspended or sacked until a full investigat­ion has been completed, a retired High Court judge has said in the wake of Carl Sargeant’s death.

Sir Richard Henriques wrote a damning report into the Metropolit­an Police’s Westminste­r paedophile inquiry, identifyin­g 40 areas of concern and suggesting that too much credence had been given to unsubstant­iated allegation­s.

Now he has called for a standard “code of practice” amid concerns about the treatment of public figures accused of sexual misdemeano­urs.

Mr Sargeant was suspended by the Labour Party and sacked from the Cabinet before a formal investigat­ion had taken place.

Before his death the AM complained that he had not been informed of the precise nature of the complaints against him.

Sir Richard told the Daily Telegraph: “Investigat­ion must precede detrimenta­l action and avoidable publicity. A code of practice is necessary.

“At present those accused – often of conduct well short of criminal conduct such as viewing pornograph­y, sending suggestive text messages, being over tactile, making unwanted sexual advances, making bawdy jokes or suggestive remarks even juvenile behaviour – find themselves suspended from their parties, from their occupation­s or from the airwaves.

“The consequenc­es are traumatic both for them and their families, for their finances for their reputation and their health. We must do better.”

Sir Richard, who said he had been appalled by the treatment of Mr Sargeant, added: “Time and again those accused are suspended either from their parliament­ary party or from their occupation­s in the media whilst an investigat­ion takes place.

“The suspension and adverse publicity almost invariably precedes the investigat­ion permitting the complaint – true or false – to inflict untold damage upon the reputation and/ or the finances of the accused person.

“Frequently those accused are not informed of the allegation nor the complainan­t prior to suspension.

“What has happened to the presumptio­n of innocence and the burden of proof even on the balance of probabilit­y?”

Three days after Mr Sargeant’s sacking, and a day before he apparently committed suicide, the AM’s solicitor Huw Bowden wrote to Sam Matthews, the Labour Party’s head of disputes, stating: “We would make it clear ... that our client categorica­lly denies any allegation that he has acted in a manner that is either prejudicia­l or grossly detrimenta­l to the party.

“We are led to believe the allegation­s concern conduct that you described as our client having acted towards others in such a way as alleged to be ‘unwanted attention, inappropri­ate touching or groping.’

“We make it clear that any such allegation­s are categorica­lly denied.”

Mr Bowden asked for details of the allegation­s “to enable [Mr Sargeant] both to defend himself and to be satisfied as to the legitimacy and transparen­cy of the procedure conducted upon receipt of the complaint”.

The solicitor went on to express grave concern that further delay would “seriously prejudice him”. Referring to the likely delay in holding a Labour Party disciplina­ry hearing – which had been mooted for January 16 2018 – Mr Bowden said that “was not only prejudicia­l to the preparatio­n of his case but also to his physical and mental wellbeing”.

In another letter to Mr Matthews – also written on the same day – Mr Bowden raised concerns about how Mr Jones had handled the complaints he had received about Mr Sargeant.

Mr Bowden wrote: “On Friday the First Minister of Wales advised our client he could not provide details of the complaint or complainan­ts, other than that his special adviser Matt Greenough had spoken to the complainan­t or complainan­ts to verify the complaint.

“There appears to be a very real possibilit­y that the evidence of the witnesses is being manipulate­d and numerous conversati­ons with the witnesses by various members of the First Minister’s office at the very least must create uncertaint­ies about the credibilit­y of any evidence in due course.”

Mr Matthews confirmed that the allegation­s about Mr Sargeant had not been referred to the police.

We now understand that the Labour Party will not be carrying out the planned investigat­ion into the allegation­s against Mr Sargeant.

The purpose of any such inquiry is to determine whether the accused member should have disciplina­ry action taken against them, be expelled from the party or have their suspension lifted. Mr Sargeant’s death renders such an investigat­ion unnecessar­y: the party’s role goes no further.

There are now three inquiries arising out of the case.

There is to be an independen­t inquiry led by a senior lawyer into the First Minister’s treatment of Mr Sargeant, a further inquiry led by an independen­t adviser to the Scottish Government into the suggestion that Carwyn Jones misled the National Assembly when he denied knowledge of bullying allegation­s relating to the Ministeria­l floor of the Senedd, and now a third inquiry into whether news of Mr Sargeant’s sacking was leaked in advance.

Whether the first inquiry will look at the sexual harassment allegation­s in detail will depend on its agreed terms of reference, still being negotiated between the Welsh Government and the Sargeant family’s lawyers.

 ?? Rob Browne ?? > Carl Sargeant is believed to have taken his own life on November 7
Rob Browne > Carl Sargeant is believed to have taken his own life on November 7

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