Day 1 IICSA Inquiry Anglican Church Investigation Hearing 23 July 2018 1 Monday, 23 July 2018 1 Royal Highness the Prince of Wales that was disclosed to 2 (10.00 am) 2 core participants on 9 July. In addition, the inquiry 3 Welcome and opening remarks by THE CHAIR 3 learned yesterday that the draft statement has also been 4 THE CHAIR: Good morning, everyone. I am Alexis Jay and I'm 4 seen by Martin Bashir at the BBC, who reported it on 5 the chair of the Independent Inquiry into Child Sexual 5 Radio 4's Sunday programme yesterday morning. The panel 6 Abuse. With me are the other panel members of 6 is disappointed by the leaking of the draft statement. 7 the inquiry: Drusilla Sharpling, Ivor Frank and 7 Deliberate leaking of information to the media 8 Professor Sir Malcolm Evans. 8 before evidence is made public by the inquiry not only 9 On behalf of the inquiry, I welcome you all to the 9 undermines the ability of the inquiry to get to the 10 first day of the second substantive Anglican Church 10 truth, but can also erode confidence in the inquiry at 11 investigation hearing, the Peter Ball case study 11 all levels. I have already set in motion an 12 hearing. 12 investigation to identify the source of this leak and 13 This hearing will run for five days, finishing 13 will take firm action to protect the integrity of 14 Friday, 27 July. The investigation into the 14 the inquiry should the source be identified. 15 Anglican Church is a part of the inquiry's wider 15 I will ask all core participants, their legal teams 16 investigation into institutional failures in connection 16 and those in a core participant team with direct access 17 with the abuse of children in England and Wales. 17 to the statement to confirm in writing whether they have 18 As you all know, the task of the chair and panel of 18 shared this information with any unauthorised party. 19 the inquiry is to examine the extent to which public and 19 The solicitor to the inquiry will circulate a prescribed 20 private institutions in England and Wales have failed to 20 form for this purpose. I ask that recognised legal 21 protect children from sexual abuse in the past and to 21 representatives then collate these formal written 22 make meaningful recommendations to keep children safe 22 responses and provide them to the investigation lawyer, 23 today and in the future. 23 Ms Scholefield, for my onward attention and of course 24 Today marks the first day of the second case study 24 I shall also be collecting similar undertakings from all 25 in this investigation. In this year so far, the inquiry 25 others with direct access to this information. Page 1 Page 3 1 has held public hearings on the internet, the 1 MS SCOLDING: Thank you, chair. May I also add that 2 Anglican Church and the sexual abuse of children within 2 a source seems to have told The Times that we have 3 custodial institutions, and it is part of a full 3 deliberately placed the evidence of His Royal Highness 4 timetable of substantive hearings and seminars and 4 the Prince of Wales at the end of this case study so 5 a number of the inquiry's investigations, the timetable 5 that he cannot be cross-examined. This could not be 6 for which we have published up to and 6 further from the truth. For a start, the comment 7 including March 2019. 7 displays a misunderstanding about the inquiry process, 8 On behalf of the inquiry, I am, as always, grateful 8 for there is no cross-examination within an inquiry; 9 to all core participants and their legal teams for their 9 simply questioning. 10 assistance. I understand that a great deal of work has 10 As you have pointed out, core participants have had 11 gone into preparing witness statements and providing 11 the Prince's statement for at least two weeks, and 12 disclosure. To complainants, victims and survivors who 12 no-one has either suggested or requested that he should 13 have provided witness statements or who are to be called 13 attend the inquiry to give evidence in person. 14 to give live evidence before the inquiry during this 14 Furthermore, as I explained at the preliminary hearing, 15 hearing, we are grateful to you for coming forward to 15 there have been lengthy and extensive discussions with 16 tell the inquiry about your experiences and we are 16 the Prince's legal team, and the inquiry has obtained 17 conscious of the strength and courage that this 17 the evidence that it requires from His Royal Highness 18 requires, and I want to assure you of the high priority 18 the Prince of Wales. 19 the inquiry places on this investigation and on hearing 19 This witness's evidence is being read in the right 20 of your experiences. 20 place to fit alongside the evidence of other individuals 21 One matter I am saddened to have to report is 21 outside the formal structure of the church, the police 22 a serious breach of confidence by someone with direct 22 and the CPS. There is no requirement for him to attend 23 access to information in this investigation. The Times 23 in person, as his evidence, whilst important, is not of 24 newspaper on Friday led with a story that quoted the 24 central relevance to many of the issues raised by this 25 contents of the draft witness statement of His 25 case study. Thank you very much, chair. Page 2 Page 4 1 (Pages 1 to 4) Epiq Europe Ltd www.epiqglobal.com 8th Floor, 165 Fleet Street (+44)207 4041400 [email protected] London EC4A 2DY Day 1 IICSA Inquiry Anglican Church Investigation Hearing 23 July 2018 1 THE CHAIR: Thank you. Before we hear further from 1 row, there is leading and junior counsel for 2 Ms Scolding, who will introduce the representatives 2 Bishop Peter Ball and his solicitors, Mr Richard Smith, 3 present and open the case study, a couple of points on 3 Mr Sam Jones and Mr Mumford; next to them is Ms Leek and 4 our arrangements: we will sit each day from 10.00 am. 4 her solicitor, who are representing Northamptonshire; 5 Ordinarily, we will take a 15-minute break at around 5 behind that is Mr Boyle and Mr Rathmell representing 6 11.15 am. We will break for lunch at 1.00 pm, returning 6 Gloucestershire Police; in the front row, one has 7 at 2.00 pm, and we intend to sit until between around 7 Mr Underwood and his junior and various individuals from 8 4.15 pm and 4.30 pm each day. By way of an agenda, we 8 Sussex Police; next to that, one has Mr Brown and his 9 rely on the hearing timetable which sets out the order 9 instructing solicitor representing the Crown Prosecution 10 in which witnesses will be called, save for where 10 Service. 11 unforeseen circumstances require a change to be made. 11 Directly behind me is Mr Bourne, who represents 12 The hearing transcript is recorded simultaneously on 12 Lord Carey of Clifton within this part of 13 screens throughout the room and will be published at the 13 the investigation. 14 end of each day on the inquiry website. Any directions 14 There are no other preliminary matters, so we will 15 arising from the day's hearing will also be published on 15 proceed straight to opening this case study. 16 the website. 16 On 7 October 2015 at the Central Criminal Court, 17 There are anonymity arrangements in place for the 17 Peter Ball was sentenced to 32 months in prison. He was 18 complainant core participants who will be giving 18 convicted of two offences of indecent assault and an 19 evidence throughout the hearing. Ciphering and 19 offence of misconduct in public office which involved 20 redactions have also been used in relation to the 20 offending against 13 different individuals. This 21 evidence in accordance with the inquiry's redaction 21 inquiry has been provided with details of allegations 22 protocol and restriction order, both of which are 22 made by a total of 32 individuals. These all relate to 23 available on the website, except for the complainant 23 an alleged abuse of power by Peter Ball for the purposes 24 witnesses who have waived their right to anonymity. 24 of his sexual gratification. A risk assessment carried 25 If there is any inadvertent breach of a restriction 25 out on behalf of the church in 2009 identified that Page 5 Page 7 1 order, I will ask that the simultaneous recording be 1 Peter Ball could be described as a sexual predator, 2 stopped briefly so that the issue can be addressed as 2 given the length and scale of his offending. 3 appropriate. 3 Today is the first day of the Peter Ball case study, 4 I will now hand over to Ms Fiona Scolding QC. 4 but not the first day of our hearings in this 5 Opening statement by MS SCOLDING 5 investigation. We have already heard a significant 6 MS SCOLDING: Chair and panel, good morning. I am 6 quantity of oral evidence and received written witness 7 Fiona Scolding, senior counsel to this Anglican 7 statements and documentary material during the course of 8 investigation.