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Wednesday, 25 July, 2001, 17:05 GMT 18:05 UK
Abuse case prompts reform calls
Child giving evidence - role play
Concerns have been raised about the system
Children's charities have called for a change in the law after the trial of six men for abuse was scrapped because an alleged victim was emotionally unfit to give evidence.

The trial was stopped after medical experts said the proceedings were proving too traumatic for the eight-year-old boy.

The judge, Lord MacLean, said it was clear that the child could not continue under cross examination and he said there was no other system available for obtaining evidence from the child and the other alleged victim, a girl aged 11.

Child witness booklet
Charities want a child-friendly system
Speaking after the case, a spokeswoman for the charity Children First said the criminal justice system was "failing children".

She said: "It is an utter tragedy for these children to be put through this and for there to be no outcome at the end of it.

"It is an adult legal system which we are trying to fit children into and we are letting them down.

"The criminal justice system is failing children."

She said more child-friendly measures should be introduced into the legal system.

"Children are interviewed by police and social workers after allegations of child abuse and video tapes of these interviews should be used as evidence.

'Traumatised by the system'

"Why do they keep having to tell their story over and over again?

"Cases must also be treated with urgently and dealt with quickly."

On a way forward, she said: "It is about looking at how we can make sure that children give good evidence but that they are not traumatised by the system.

"In an adversarial system they (the children) come out believing that everybody thinks they are a liar."

Phil Gallie
Phil Gallie: Concern for accused
Maggie Mellon, head of public policy for NCH Scotland, also called for a new system for children giving evidence in court.

She said: "It is little wonder such cases collapse when they depend on the evidence of young children who are subjected to hours of often hostile questioning.

"This underlines the absolute necessity to reform the court system.

"We want to see a child witness service established which would allow children to give their full evidence without having to appear in court.

"Safeguards for defendants can be built into this system.

However, South of Scotland Tory MSP Phil Gallie voiced other concerns about the trial.

He said he was unhappy that the defendants had been identified at the start of the case.

He said: "As far as I'm aware of the case, I regret very much that the names of individuals were made public before this case started, so from that point of view I have very grave concerns.

"I do regret that there was a disclosure of identities because at the end of the day they (the accused) are left with that stain that will undoubtedly exist in the community and that is very unfortunate."

See also:

25 Jul 01 | Scotland
Six freed as abuse case collapses
25 Jul 01 | Scotland
Sex abuse case charges in detail
05 Jul 01 | Scotland
Accused 'filmed' sex assaults
04 Jul 01 | Scotland
Men deny abusing boy and girl
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