“[O]ne factor that sticks out … the unconcealed contempt the CofE has displayed for the fundamental principles of justice and fairness”
Thou shalt not bear false witness against your neighbour. The Church of England defiled the ninth commandment by shamefully bearing false witness against one of its most saintly and heroic bishops. Over a decade later, it has been forced to swallow its pride and cough up a feeble apology for the way it handled accusations of sexual abuse against Bishop George Bell.
The CofE slandered, smeared and destroyed the impeccable reputation of a cleric who had the courage of his convictions to stand up to Adolf Hitler. This is the conclusion of the Lord Carlile review published this week. It points a damning finger at the CofE for failing ‘to follow a process that was fair and equitable to both sides’.
The CofE condemned Bishop George Bell exclusively on the basis of a single entirely uncorroborated witness decades after the alleged sexual abuse was said to have occurred.
It violated the sanctity of one of the most hallowed tenets of jurisprudence dating back to the sixth century Digest of Justinian and held sacred in Canon law, Islamic law and English common law. This is the presumption of innocence – that a defendant is innocent until proven guilty.
It refused to recognise the fact that the defendant had been dead for decades and could not defend himself.
It infringed Bishop Bell’s human rights as set out in Article 10 of the Universal Declaration of Human Rights, Article 6 of the European Convention of Human Rights and the Sixth Amendment to the United States Constitution by denying the defendant the right to a fair trial.
It debased the humanity of the alleged victim ‘Carol’ by letting her accuse Bishop Bell under the cloak of anonymity and paying her compensation in an out-of-court settlement.
It made a mockery of centuries of legal precedence by allowing the accuser to remain anonymous. The right of an accused to confront his or her accusers is enshrined in the International Covenant on Civil and Political Rights, the European Convention of Human Rights, the American Convention on Human Rights, the Statute for the International Criminal Court and Statutes of the International Criminal Tribunals for the Former Yugoslavia and Rwanda.
The right to face your accuser has been described as ‘basic to any civilised notion of a fair trial’ and ‘one of the fundamental guarantees of life and liberty’. It dates back to ancient Rome. The Emperor Trajan declared in AD 112: ‘Anonymous accusations must not be admitted in evidence as against any one, as it is introducing a dangerous precedent.’ Geoffrey Robertson QC condemned the use of anonymous witnesses as ‘a fundamental breach of the right to a fair trial’, stating that ‘no trial can be fair if the defendant is not allowed to know his accuser’.
The Church of England played fast and loose with the due process of the criminal justice system by failing to let the accusations and evidence be rigorously tested through cross-examination, a system regarded by the jurist J H Wigmore as ‘the greatest legal engine ever invented for the discovery of truth’.
It prioritised political expediency and public relations spin-doctoring over a quest for truth and justice. Like the Gadarene swine rushing down the hillside, its Child Protection Gestapo went on a cleansing spree and adopted a scorched earth policy on buildings, schools and other institutions named after Bell.
It turned a deaf ear for quite some time to columns written in the media by honourable journalists such as Peter Hitchens and to the voices of respected historians such as Andrew Chandler and faithful laity such as Richard Symonds, who persevered while working tirelessly to see justice done and the good name of Bishop Bell restored.
It was totally blind to the cognitive dissonance between the towering ministry and godliness of Bishop George Bell and the credibility of those who had borne witness to his sterling character on the one hand, clashing with the cacophonous note of a lone voice making an accusation completely out of sync with the moral fibre exhibited by Bishop Bell throughout his life and ministry.
Last year, I wrote a column on how the Church of England smears saints and shields scoundrels. I followed up with another column on howthe Church of England had mastered the art of the non-apology, after the embarrassing revelation that bishops were instructed only to give partial apologies – if at all – to victims of sexual abuse to avoid being sued. Earlier this year, I pointed out how the Safeguarding industry in the Church of England has become a witch-hunt.
There is one factor that sticks out like a sore gangrenous thumb in all these incidents. It is the unconcealed contempt the CofE has displayed for the fundamental principles of justice and fairness laid down in the canonical texts of the Bible that have been at the heart of much of Western jurisprudence.
If only the CofE had stuck its nose into the yellowed pages of this consecrated collection of jurisprudence [from the Latin iuris (of law, of right) + prudentia (knowledge, wisdom, foresight, discretion)] it would not have egg on its face and ignominy in its chronicles. The Bible is bursting with legal principles that were staring the bishops in the eyeballs.
‘You shall not spread a false report. You shall not join hands with a wicked man to be a malicious witness. You shall not fall in with the many to do evil, nor shall you bear witness in a lawsuit, siding with the many, so as to pervert justice,’ says the Book of Exodus. The CofE sided with the ‘many’ by siding with the dominant orthodoxy of the day that rushes to the rescue of every boy who cries ‘Wolf!’ and every girl who cries ‘Abuser!’
‘If a malicious witness arises to accuse a person of wrongdoing, then both parties to the dispute shall appear before the Lord, before the priests and the judges who are in office in those days,’ says the Book of Deuteronomy. Even if Bell’s accuser was not a malicious witness, there was no way both parties could appear in court.
‘A single witness shall not suffice against a person for any crime or for any wrong in connection with any offence that he has committed. Only on the evidence of two witnesses or of three witnesses shall a charge be established,’ states Deuteronomy. ‘Do not admit a charge against a presbyter except on the evidence of two or three witnesses,’ writes the apostle Paul to Timothy. The CofE did not bother to corroborate accusations against Bell.
The right to face your accuser is best illustrated in the Acts of the Apostles. Paul is awaiting trial and is brought before King Agrippa II and Porcius Festus, Procurator of Judea. The chief priests and the elders petition the Roman rulers for a sentence of condemnation against Paul. Festus reports to Agrippa his response to the Jewish leaders: ‘I answered them that it was not the custom of the Romans to give up anyone before the accused met the accusers face to face and had opportunity to make his defence concerning the charge laid against him.’
It is a devastating indictment of the CofE that the judicial process conducted by the pagan administration of ancient Rome against the apostle Paul proved to be more just and fair than the judicial farce and charade conducted by the CofE against Bishop George Bell. An apology will not suffice. The CofE needs to repent.
(Originally published in The Conservative Woman)