Sunday, 2 July 2023

Female Judge: "Boisterous" Bum Grope Excuse Is "Boris Johnsonesque"

A drunken IT specialist’s “boisterous” excuse for groping a young female trainee’s bum during the City tech company’s bonding session was described by a Crown Court Judge as: “Boris Johnsonesque.”

The Moorgate firm funded a free bar at crazy golf venue ‘Swingers’, in the heart of the Square Mile, where business development director Michael Swain, 35, drank heavily along with his colleagues.


When they continued drinking at the nearby ‘Slug & Lettuce’ pub he came behind the 23 year-old trainee, put his hand between her legs and groped her bum - having groped another woman’s rear earlier.


“It is almost a Boris Johnsonesque defence,” said Inner London Crown Court Judge Jane Rowley last week. “We are loaded with money. It’s just a bit of slap and tickle.”


Swain, of Valkyrie Road, Westcliff-on-Sea, Essex had fought the case for four years, but after two hours of damning evidence changed his plea to guilty of one count of sexual assault at the City pub on September 13, 2019.


However, he kept his job with the company, which had a beer tap installed in their office and where he was known as a “high earner”, making it impossible for the young woman to remain.


“It’s a man’s world isn’t it?” added the judge. “It is sad that he is still in denial. He still says it was not a sex assault, not sexually motivated. Men like him don’t appreciate the gravement.”


When she reported Swain to her bosses the following Monday he remained with the company on a final warning after apologising during disciplinary proceedings, but she was so upset she resigned.


He had been married to wife Claudia, who supported him in court, for twelve months when he committed the offence.


“He’s been married a year and he is sexually assaulting a woman,” said Judge Rowley. “He is there groping women. Good luck to his wife, people like that don’t change their spots.


“I can understand why she didn’t want to stay with this gentleman Lording it up over her, after sexually assaulting her.”  


Prosecutor Catherine Donnelly told the court: “She had been there four months as a trainee and as a result had to leave the company because he was kept on.


“There had been daytime drinks and they went to crazy golf. He had been out drinking the night before at a casino, where he won £6,000.


“They were all drinking, including the complainant and Mr Swain asked a female colleague, referring to the victim: “Can I touch her inappropriately?” while playing crazy golf.


“He told the complainant: “I can’t touch you inappropriately,” and the two woman put it down to him being drunk.”


The victim says she refused Swain’s offer of cocaine, but he insists this did not happen.


“Fifteen work colleagues went to the ‘Slug & Lettuce’ and the complainant saw Mr Swain grab another woman’s bottom and half an hour later felt someone grab her bottom and a hand between her legs.


“She was in shock and said: ‘He’s just grabbed my bum,’ and Mr Swain said: ’Sorry, I’ve f***ed up.’


“During the company’s disciplinary proceedings Mr Swain wrote her a letter of apology, claiming he had no memory of the event and was ‘shocked and upset’ with what he had been told.”


When later questioned by police Swain told officers: “If I touched her bum it was due to drunken boisterousness.”


In her victim impact statement the young woman said she worked in a junior role. “Mr Swain was one of the high earners, who brought a lot of business to the company and that’s why he did not lose his job.”


She was unable to find a similar job in the industry and abandoned her career plans in London. “I don’t think Mr Swain has any idea of the consequences of his actions and the impact it has had on my life.


“The fact Mr Swain remained there shows they have placed the financial benefits Mr Swain brings above their moral obligations to me and other female staff members.”


Judge Rowley said: “There are aggravating factors here. He has a previous conviction for failing to provide police a specimen when stopped driving and people like that see themselves above the law and I see a link.


“This defendant arrogantly pleaded not guilty in the face of so many witnesses who saw what he did and that arrogant way of thinking has carried over.


“The arrogance of the man, he had the choice of a police caution and he turned it down. He was a foolish man not to take that caution and it is going to cost him a lot.


“The taxpayer should not pay a penny towards this man’s foolishness of trying to defend the undefendable.”


Swain’s lawyer Sue Obeney said: “He does not come across as an arrogant man. He admitted as soon as this happened that he behaved badly.


“It was a one-off under the influence of alcohol, boisterous behaviour. There is a culture at that company that does not do anyone any favours if they have an alcohol problem.”


Swain is no longer with the company and has set up a recruitment firm and has sought counselling.


Yesterday, (Monday) he was sentenced two two years imprisonment, suspended for two years, ordered to pay £2,500 costs and £500 compensation to the victim.


Swain must also sign the sex offenders register for two years; attend thirty-five days of the Horizon sex offenders programme and complete thirty days of a rehabilitation activity requirement.


Judge Rowley told him: “On that day you were the worse for wear for drink and in front of others groped another woman before turning your attention to the complainant.


“You grabbed her between the legs and two colleagues saw you. She was in shock and cried immediately.


“At the time you acknowledged you did wrong and apologised, saying you did not know what came over you.


“The following Monday she complained to HR and you wrote a letter of apology and money talks and is more important than moral values as eloquently expressed by the complainant.


“There was a big difference in the power and influence you held in that organisation and unsurprisingly the victim left the company and the career opportunity she had.


“The impact on her was great and the pre-sentence report says you are unable to fully accept what you did and in February, 2020 you pleaded not guilty in the face of overwhelming evidence.


“There was humiliation of her. She was drunk and vulnerable and you were in a position of responsibility over her.


“There was a hierarchy and you were over her.”

Friday, 30 June 2023

Policeman Jailed For Raping Female Officer

A Metropolitan Police Constable, who raped a WPC after an all-night pub leaving party for a Sergeant, was jailed for four years and six weeks yesterday.

PC Ireland Teddington Murdock, 27, then illegally looked-up the confidential Met CRIS system to see if he had been reported for any offence. 


He was convicted by an Inner London Crown Court jury of one count of raping the female officer in the bedroom of her shared Clapham flat in the early hours of September 25, 2021.


Before the trial he pleaded guilty to one count of unauthorised access to computer material when Murdock says he tried for two minutes to access details of the complaint at 2am.


At the time PC Murdock - known as ‘Ted’ - of Hillside, Hoddesdon, Hertfordshire, a former police cadet, was attached to the Central North Command Unit, having joined the Met in January, 2019.


Chief Superintendent Andy Carter, head of the Unit said: “Murdock committed an absolutely atrocious offence and caused his victim a lot of pain and fear. He betrayed everything we stand for and I am disgusted by his actions.”


Recorder of Southwark Judge  Usha Karu told Murdock yesterday: “Having been to some leaving drinks you were both intoxicated when you returned to her flat and you forcefully penetrated her.


“You knew full well she had not consented to that and it was sufficient to cause her pain and there was blood on the bedsheets. The WhatsApp messages make it clear there was penetration without consent.


“You checked the police system to see if any crime had been reported against you. It was restricted and you could not access it.


“She has plainly been severely adversely impacted,” added the judge after hearing the victim impact statement in which the victim said: “Reporting what he did was extremely difficult and very isolating at work.


“It felt like I was being treated that being raped made me unfit to do my job.”


The officer was moved to a desk role at another police station. “She said she felt violated emotionally and physically,” added Judge Karu. “She suffered anxiety, heart palpitations and nightmares.”  


Murdock told the trial he started drinking at the Abbey Tavern pub, Kentish Town at 4pm and continued until closing-time when he left with the WPC.


Describing himself as “six out of ten” drunk at the end of the night PC Murdock told the jury the woman joined the party during the evening. “She was bought a drink and bought herself drinks.


“She said she had some catching up to do and at that point I was tipsy,” he explained.


Afterwards, the pair waited for an Uber at a nearby bus stop outside the pub. “She was sitting on my lap. We were kissing and I was touching her over her clothes.”


PC Murdock admitted touching the woman between her legs at the bus stop, while another officer with them was urinating out of sight around the corner.


“She was reciprocating in an enjoyable way and I attempted to put my hand under her clothing, under her jeans, but I stopped because she did not want our colleague to see.”


The female officer told the jury she consented to sexual activity, but not to all of PC Murdock’s behaviour in her bedroom that night.


“I was happy and she seemed to be the same,” he told the court. “We kissed at the end of the bed and started undressing each other.”


PC Murdock said consensual sex followed, denying he raped the woman.


He conceded at one point she “jolted forward” and said: “Ted, woah,” but the sexual activity continued.


PC Murdock stayed the night, but admitted there was a strained atmosphere the following morning.


“I turned towards her to give her a hug and she pushed me away. She said that she was not happy with what happened last night.


“I was confused and I stayed silent for about ten minutes. It is something I do, I clam up.


“I said: ‘I won’t stay here if there’s an atmosphere. Do you want me to leave?’ and then I left.


The pair exchanged tense WhatsApp messages over the following days. “She was implying she was not happy and I believed on the night that she was.


“She was clearly upset and I wanted to fix it,” added PC Murdock, who sent one message to the WPC which read: “You’re wording things like I’m a rapist and that’s p***ing me off.”


Earlier the officer told the jury he changed his middle name by deed poll to ‘Teddington’ because that is the area of south-west London where his late mother was laid to rest.


He said he had a challenging childhood involving an alcoholic mother, foster care and being raised by his older sister.


Since being fired by the Met he worked as a cleaner and landscaper and his engaged to a woman who has supported him throughout the trial.


That was his motivation for the name change in May, 2019, PC Murdock explained. “It was an attempt to cut ties with that part of my family.”


The female officer did not request to be screened from the defendant and told the jury from the witness box: “I said something like: ‘Woah’ or ‘Stop’ I can’t remember.”


She did not report PC Murdock immediately and several month passed before she complained. “I did not feel safe to report it, we were always together,” she told the investigating officers in a  video recorded police interview.


“In a ten day work period we would be together eight or nine days.”


The officer said she had to change her bedsheets after the rape. “I got rid of them right after. There was just a lot of little bloody spots.”


She did not seek any medical treatment, adding: “I did not want to go to a GP and have questions raised. I was embarrassed.


“I was fairly numb to it. There was no proper thought after the incident.”


However, she insisted PC Murdock’s intentions in the bedroom were clear that night. “He was definitely positioning himself and then he tried again.”


She went to work the next day, but said it was a challenging shift. “It was difficult. It hurt to sit down and I was in pain and it was dawning on me what happened.


“He said he did not remember anything because he was so drunk.


“He was drunk that night. His speech was all slurred. He was not falling over or anything, but it was obvious he had quite a lot to drink.


“On the day it happened I rang one of my flatmates to say he did something last night I was not happy with.”


When they woke up that morning PC Murdock admits he went in for a cuddle, but was shunned by the woman. “I told him that he really hurt me last night.”


The trial heard the female officer informally reported PC Murdock for rape to her professional colleagues during a pub quiz night on January 9, 2022 - over three months later.


Fellow officers described her as crying as she revealed the details, saying she was hesitant to say anything earlier because PC Murdock knows where she lives and works and her parents’ address.


The PC Murdock was investigated by the Serious Sexual Offences Department - commonly  known as Sapphire - based at Brixton Police Station.


The jury heard the WhatsApp messages exchanged between PC Murdock and the complainant the day after in which she tells him: “I’m in a stupid amount of pain.”


PC Murdock replied: “You’re treating me like a sex offender,” and: “Just say Ted is a rapist.”


He told his arresting officers: “I didn’t do it. I’m not a rapist,” a court heard.


Yesterday, Murdock’s lawyer Luke Ponte said: “He was proud to join the police to turn away from his upbringing and make a life for himself.


“As the defendant is fragile and as he is going into prison for the first time it resonates with him and this can be taken into account in sentencing. He was noted by the police as a suicide risk on his arrest.”


Judge Karu, remarked on Murdock’s version of events. “I wholly and completely reject that mechanism of how that happened.”


Murdock received four years for the rape, plus six weeks for the unauthorised computer access and must sign the sex offenders register.


His sentenced will be discounted by 44 days due to his time under bail curfew.

Wednesday, 28 June 2023

Guilty: Late Queen's Ex-Verger Admits Abusing Boys

The late Queen’s former verger was told yesterday he faces years of imprisonment after finally admitting he molested two thirteen year-old boys decades go.

Clive McCleester, 77, once served at Windsor Castle’s St. George’s Chapel and oversaw visitors to the Queen Mother’s tomb.


At Inner London Crown Court he pleaded guilty to multiple accounts of abusing the victims in the sixties, seventies and eighties, with counts reflecting his time at a school and Southwark Cathedral.

 

McCleester, who lives in the Grade I-listed Hospital of St. Cross almshouse in St. Cross Road, Winchester, was told he will receive a “lengthy term of imprisonment” when he returns for sentencing on July 10.


He first appeared in court in April, last year and finally admitted his crimes today, which include the abuse of one victim who is now deceased.


The Crown Prosecution Service (CPS) won a court ruling allowing that complainant’s video-recorded evidence to go before the jury if there was a trial.


McCleester pleaded guilty to three counts of indecently assaulting that deceased male on multiple occasions between January 1, 1968 and December 18, 1970.


He pleaded not guilty to five similar counts and the (CPS) will not proceed to a trial.


The counts reflect his time employed as a child welfare officer at Tylney Hall School, Hampshire between 1960 and 1971.


McCleester lived at the boarding school in his own private residence, with a particular role in looking after the victim after the death of the boy’s grandmother.


That complainant went to the police after speaking with a counsellor, but sadly passed away in August, 2020.


McCleester pleaded guilty to four counts of indecently assaulting the second victim between July 28, 1986 and July 27, 1987 and three counts of indecency with a child between the same dates.


He pleaded not guilty to three counts of indecent assault, regarding the second victim, not guilty to an attempted sexual offence and the CPS will not proceed.


This victim was a Southwark Cathedral choirboy, abused at McCleester’s flat within the vicarage.


While at St. George’s Chapel McCleester organised royal funerals and was responsible for the day-to-day management of the chapel.


Judge Rosina Cottage KC announced: “The matter clearly needs to go off for sentence. Clearly it is inevitably going to be custodial sentence, whatever his health.


“Usually the only issue in cases like this are one of dangerousness. This happened a long time ago, but that is not to say there is not a risk.


“This will be a considerable sentence and given his age a pre-sentence report will not be helpful as long as there are medical reports before he is placed in custody for a long time.”


McCleester’s lawyer David Richard told the court: “He came back with these pleas of his own accord. He was not pushed into a corner.


“The pleas are his recollection of what happened.


“He has not put his matters in order and we ask for time to allow him to sort his affairs out. 


“He has appeared on bail today, knowing the guilty pleas will result in a lengthy custodial sentence.


“The almshouse are happy for him to come back. They have known about these proceedings in any event.”


The judge told McCleester, who now walks with the aid of a stick: “You know you will need to be sentenced and you will be receiving a lengthy term of imprisonment.


“I will grant you bail today so you can sort out your circumstances before you come back to court and you can see your GP.


“I make no promises because I am giving you bail. In fact, you have already been told you are going to receive a lengthy term of imprisonment.”