Wednesday 4 January 2012

Justice for Jane Clough

Justice for Jane

It has often been said that the law is an ass, and in so many ways it is, but overall I think it is fair to say that the law, and its application, in the United Kingdom is as good as anywhere in the world.

However, mistakes do happen, that is what this is about. A judge made a decision that was to cost a young woman her life, leave a young baby an orphan and destroy the lives of the decent, loving parents.

Let us go back to the beginning of this story. Jane Clough was a young woman, a nurse in the A&E department of Blackpool Victoria hospital, in a relationship, and expecting a baby. On the face of it, you would say that the future looked rosy for Jane and her family. She was a good nurse, and would prove to be a good mother to her as yet unborn baby.

Sadly, as can happen the relationship became unstable, Jane was beaten bullied and raped by her partner, a body builder with a steroid fixation, even whilst pregnant, and more so after the birth of the baby. Understandably Jane chose to end the relationship, and reported the assaults to the police.

It is an incredibly courageous step to do that, so many women become accustomed to it and put up with it, it is so important that people can display this sort of courage and speak out about domestic violence, it gives society a chance to understand what goes on behind some otherwise respectable doors and gives the authorities the chance to deal appropriately with the perpetrators.

This has the effect not only of taking the offender out of society, of protecting the victim, but also keeps the theme in the public consciousness, which can help preventing it becoming an even more taboo subject. Only when these things are out in the open can something be done about it, only by talking about can we, the public, start to understand the pressures, and see the tell-tale signs. For this reason it is important that the subject is not swept under the carpet.

The partner was arrested and charged and was due to stand trial for his violence and rape, the Police and CPS opposed bail strongly because they perceived that Jane could be at serious risk if he was out in the community. The judge took different view, and granted bail.

Now, in the event, Jane and her family, the Police and the CPS objected to bail being allowed because they felt Jane would be at risk. There is no appeal against this decision for the victim. The victim, and indeed the family and the Police, simply have to accept the decision, however wrong, and try to cope with the fear.

There was no intensive police protection for Jane, who lived in fear of her ex-partner, so much so that her life was put on hold, she moved back to her parents with her baby, and was afraid to leave the house, always fearful that he was watching, waiting, determined that whatever it took she would not testify in court against him.

This state of affairs continued for untold weeks, gradually Jane started to regain some confidence, and finally went back to work at the hospital after her maternity leave, although still living with the baby, at her parent’s house.

Of course the parents fully understood the reason for Jane’s fears, knew her fears were justified, so their lives were also put on hold while they tried to maintain a quality of life, in fear of the violent ex-partner.

Sadly, one night when crossing the hospital car park to start her shift in A&E Jane was alone, isolated, when she was confronted by her ex-partner. He stabbed her repeatedly, viciously, and she died there, on the car park.

Jane was an innocent victim of a disturbed mind, of a violent and abusive man who the Judge had decreed was safe to be left in the community. Clearly the judge was wrong.

I am not qualified to say if the Judge’s decision was enforced by the law, whether his powers to refuse bail were limited, or whether he made a tragic, fatal, misjudgement.

Whichever is true, it is of no consolation to the Clough family. Jane is dead, and would be alive today if this man had been help in custody rather than being granted bail

It is obviously too late now to help Jane, but it is essential that the gaps are plugged, that this cannot happen again, that no more loving families can be so destroyed by such a bad decision.

Since losing their daughter, John and Penny Clough have displayed tremendous dignity and courage in trying to come to terms with their situation, and by launching a very positive and courageous campaign to get the laws changed to prevent any such tragedy striking again.

There request is simple, to allow the victim to object to the decision and have it reviewed. Had this been available at the time, Jane would be with us still today.

There is a petition available requesting MP’s to support an amendment to the bail bills to allow an appeal by the victim. This is such an important bill that every one of us should be taking a stance, signing the petition and lobbying our MP’s vote for the amendment.
To sign the petition, go to:
http://www.petitiononline.co.uk/petition/justice-for-jane-clough/3123

This could happen in any of our families, 1 in 4 people at some time suffer mental illness and that can lead to irrational and violent behaviour. Please, let’s not wait for another Jane Clough to happen, let’s do something positive about this right now.

We can only admire John and Penny Clough in their courage to fight this campaign, the dignity and nobility that they have shown, I think the least we can do is offer our compassion and support.

It is too late of course now to save Jane, but if any repeat incidents can be prevented by the amendment, perhaps Jane will not have died in vain. We, as a society, owe it to the brave Clough family to support their cause.

Please sign the petition, help to bring some justice to victims of such loathsome behaviour, prevent further unnecessary, tragic deaths.

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