Showing posts with label The Hon. Mr Justice Gilbart. Show all posts
Showing posts with label The Hon. Mr Justice Gilbart. Show all posts

Friday, 16 December 2016

How to be an Inmate?


Michael Burke must prepare his own narrative for cell-mates

by Brian Bamford – a former inmate at Strangeways HMP
IF Michael Burke, who was yesterday sentenced to 15-years jail having been found guilty of raping his own sister 'Selfie Queen' Karen Danczuk as a child, and sexually assaulting two other girls, is to avoid himself being brutalised and possibly raped in the British prison system, he must now be carefully preparing his own narrative to relate to the prison community on the wings. 
Only yesterday the Manchester Evening News (MEN) carried a story by a prison officer at Strangeways notorious Victorian prison in Manchester in which the unnamed source said 'staff are living in fear of violence and nothing is being done to stop inmates using drugs and mobile phones'.
'Out of Sight, Out of Mind'
English people tend to adopt the view of 'Out of sight, out of mind!' with regard to their own prison system, and the anonymous source told the MEN that 'It is clear the home secretary does not understand the issues staff face daily'.
The prison officer is reported to have said in a letter that 'prisoners have no respect for authority, are violent to fellow inmates and staff and take drugs such as spice.'
Furthermore, he wrote:  'There have been several incidents at HMP Manchester where staff have been threatened by prisoners and governors have done nothing to protect the staff.'
'Notoriety' of Defendant and 'Fame' of Complainant
Defending Burke, Nicholas Walker QC said Burke had suffered a downfall of a 'very public nature'.  And Mr. Walker added:  'It's a feature of this case he can't enjoy the luxury of anonymity as the others may enjoy'.  
The judge, Mr Justice Gilbart, told Mr. Walker QC that he was not sentencing Mr. Burke on the 'because of his notoriety' in the media but based of the evidence presented in Court.  Mr Justice Gilbart said of Mrs. Danczuk that though she was 'well known' the Court will protect those in the media, and she had been active as a Councillor. 
Karen Danczuk, the estranged wife of the disgraced Rochdale MP Simon Danczuk, had claimed her mother was distant, that her her father worked nights, and that her brother Michael had begun grooming her from the age of six for sex, before getting into bed and raping her from the age of nine as other siblings slept. 
Mr. Justice Goldbart, handing down the sentence to the defendant:  'Whether she (Karen Danczuk) was nine, ten or 11 at the date of the first rape is not clear, but on any view she was a young girl who not reached puberty.  After she had endured your attentions up to the age of 11 she stood up to you, you didn't touch her again.
'You have shown not a shred of remorse in your defence you spent much of your time claiming she had orchestrated a conspiracy against you, a claim I regard as entirely absurd.  Your second victim was a naïve 12-year-old ... you did not care whether she agreed or not, (went from heavy petting to) forcing yourself on her just as you had your sister.
'You ejaculated within her and you persuaded her and she persuaded herself that it was normal.
'You made (the third victim) submit.  Here too you alleged she was part of the conspiracy.' orchestrated by your sister.'
Mr. Justice Goldbart told Mr. Burke:  'You have an attitude to women that reveals a self-justifying lack of insight.'
Meanwhile, we must wait to see if any British newspaper carries another exclusive insightful interview with Karen Danczuk who claims to have suffered 'severe psychological harm'.
On the wings of a Total Institution
As Michael Burke goes into the cells to begin his sentence he will be entering what sociologists call a 'total institution'.  He will be striped, showered and searched before he gets to the cells on the reception wing.  He will be questioned as to any special dietary requirements.  I normally lie and declare myself to be a vegetarian in the hope that it may enable me to get more choice when the food is dished-up.
Once on the wings he must have a suitably convincing narrative to explain his predicament to his fellow cell-mates and other prisoners in the jail community. 
In Court Two of the Manchester Crown Court yesterday, Mr. Justice Goldbart, educated at the  University of Cambridge, may have preached to you about you having 'shown not a shred of remorse'.  That may well be the case, but the prison community is an entirely different jurisdiction from the Crown Court, and he will soon find out it applies its own rules and posses its own hierarchy and standards. 
Rule 43!
Michael Burke needs to prepare himself skillfully if he is not to end up segregated serving his ten-year sentence on Rule 43.*
To establish his status in the prison hierarchy Michael Burke will have to present a story which will  be acceptable and will gain him respect among the inmates.  To do this and survive on the wings, he needs to reaffirm his defence that a 'conspiracy' was 'orchestrated' against him by a group of people who had malicious intent.  In the context of an all-male community the idea of what the novelist Henry James called a 'capricious woman' would not be difficult for the average prison inmate to understand, (see 'The Princess Casamassima ).
For Mr. Burke to now suggest to his fellow prisoners that he is the victim of a 'conspiracy'  by an ex-girl friend and a former partner would not be something that the male prison community would find hard to understand, especially when one of the complainants has given an exclusive interview to the press.  Though it is not yet known if she will be paid for this.
Some substance may be given to this account by an exchange of e-mails in September/ October 2015, when Northern Voices was given a name of someone who had approached some women previously associated with Mr. Burke.
At that time we put the forward the following question to this individual:
'I have been given information from two separate sources that you were in contact with a number of Michael Burke's former girl friends or partners, some of whom subsequently went to the police.  'Could you confirm if this is true, and if it is, explain why you did this? 
'Look forward to your early response'
A reply came back to NV two days later in the form of a threat:
'These allegations are completely untrue, defamatory and may constitute a malicious falsehood if published.'
Considering this response and in the dangerous prison environment as described by the Strangeways prison officer above to the MEN, a conspiracy narrative could save Michael Burke's life.  Karen. Danczuk may have secured what she now calls 'closure' but she has done so by using the criminal justice system to deliver her own brother into the human jungle of the British prison system.  Meanwhile she can now get on with her life like she has been performing on 'Bear Grylls', or being paid to appear on 'Loose Women'.
As a sociologist/ ethnomethodologist as well as a former prison inmate, for practical purposes in prison I would advise Michael Burke to stick to the defence he presented in the Manchester Crown Court: that he is the victim of a 'stitch-up' by what the defence described as an 'attention seeker' and what the press call a 'Selfie Queen'.
Rule 43 states that any prisoner can apply to be taken into solitary confinement on a Vulnerable Prisoners Unit, for his own protection. Jailed police and prison officers, sex offenders and showbusiness celebrities often apply for this.

Thursday, 15 December 2016

Ex-School Governor Michael Burke Sentenced

KAREN Danczuk's brother, Michael Burke, was this morning given a 15-year sentence on eight counts of rape and one of buggery in Court Two of the Manchester Crown Court. 
Sentencing, Mr Justice Gilbart said that he did accept that former Labour party activist Michael Burke had ‘done something for the community’, with Mr Walker adding that he had also been a school governor.
Michael Burke, 38, of College Bank, Rochdale , was found guilty of historic raping his own sister Karen Burke, now Mrs Danczuk - the estranged wife of Rochdale MP Simon Danczuk.  He was also convicted of sexual assaults on two other women - one of whom was just 12 when she was attacked by him.
Handing down the sentence for Burke for eight rape charges and one of buggery, the High Court judge told him:  'Your first victim was your sister...what had been tickling games and hide and seek in and out of your bedroom turned into you wanting her to touch you and then, when you got to 14, to exploit her further.'
Karen Daczuk was legally entitled to anonymity as a victim of a sex assault, but had now formally waived it after Michael Burke was found guilty, after The Sun newspaper ran an exclusive story of her ordeal.
It is not yet clear if Ms. Danczuk has been paid for this story.

Thursday, 1 December 2016

Michael Burke Guilty of Rape!


£17K or £23K?:  It was The Sun that Paid It!
YESTERDAY Karen Danczuk, 33, the estranged wife of Rochdale MP Simon Danczuk and a former Rochdale councillor, waived her right to anonymity by speaking publicly after her brother’s conviction on rape charges.  
Mrs Danczuk, the estranged wife of Rochdale MP Simon Danczuk and a former Rochdale councillor, told the jury at Manchester Crown Court which convicted her brother of a series of sex attacks:  'Whereas my first time of having sex was with my brother.  It’s horrible.  Even now I can’t sleep naked.  I can’t even cuddle in bed.  Most people remember their first time having sex with somebody they love.'
She told a jury she was regularly molested in the family home between the ages of six or seven until she was 15 or 16 by Michael Burke, her brother who is five years older than her. 
After a three-week trial on Wednesday, the jury found Mr Burke guilty of eight counts of rape and another serious sexual offence against three women, including three counts of rape against his sister between 1992 and 1994. 
He was cleared of nine other serious sexual offences. 
Karen Danczuk initially revealed publicly she had been abused, without naming her attacker, in an interview with The Sun newspaper in February last year. 
The two other victims came forward shortly afterwards.  Neither can be named for legal reasons.  During the trial Mrs Danczuk gave evidence from behind a curtain around the witness box, shielding her from the dock where her tormentor sat, often shaking his head in denial. 
The mother of two boys aged six and eight, told of her unconventional and unhappy childhood, growing up in a terraced house in Middleton, near Rochdale. 
Northern Voices, which was covering the case on last Friday and the Monday of this week, heard in the summing-up by The Hon. Mr Justice Gilbart* that Karen Danczuk had been paid a sum of money for The Sun interview.  The amount is disputed but is said to be in the region of either £17,000 or £23,000. 
In her evidence Karen Danczuk said: 
'It started out like it was a game, it was not so much an attack, it was, like, innocent. 
'It was a game of hide and seek, think I was about six or seven. He would always take me into his bed. He would lie next to me, we would be under the bed covers for ages. The first time he was literally on top of me naked. 
'It was a slow process. That kind of went on for some time, the hide under the bed covers stuff carried on. It still haunts me now.' 
She said the abuse progressed to rape, aged 11, on a weekly basis, usually on a Sunday evening which was 'bath night' and continued until she was 16. 
The first person she told of these events was a clinical psychologist at Nye Bevan House in Rochdale in 2009 after she felt suicidal and depressed. 
She was cross-examined over two days by Nigel Power QC, defending her brother, who queried why she went first to the papers before the police, asked if money was her motivation and accused her of 'attention seeking'
She said:  'To this day I have grown up and fought my whole life to change my childhood.  I decided I would come forward, that was my choice. 
'Before I ever became famous I was seeking help, before I ever knew I would end up in the public eye. 
'This idea that it is just attention, this has ruined my life.  I have had a horrendous life, it’s a fact.  This is why I have had help from doctors because it’s a fact.  Days when you have, being dead makes more sense than being alive. 
'I think I finally felt ready to face it, I’m ready to see this through, he can’t get away with what he did. 
'My life has been hell for what he’s done, I don’t want anything, I want closure.' 
Meanwhile, today The Sun ran another exclusive story based on Karen Danczuk's account of how she suffered from her brother's attentions when they both were children in the early 1990s.
Mr. Michael Burke will be sentenced on December 15.  After the guilty verdicts, Mr Justice Gilbart told Mr. Burke:  'A custodial sentence is inevitable.' 
Read more:
http://www.dailymail.co.uk/news/article-3994112/Karen-Danczuk-weeps-speaks-rape-torment.html#ixzz4RmBWUyDO
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* According to his Wikipedia entry:  Sir Andrew James Gilbart (born 13 February 1950), styled The Hon. Mr Justice Gilbart, is a judge of the High Court of England and Wales.  He was educated at Westminster School and Trinity Hall, Cambridge.[1]   He was called to the bar by Middle Temple in 1972 and became a bencher there in 2000.  He was made a QC in 1991, a circuit judge in 2004, a senior circuit judge and Honorary Recorder of Manchester in 2008, a deputy judge of the High Court from 2004 to 2013, and his appointment as a judge of the High Court of Justice (Queen's Bench Division) was made in 2013.  Illness prevented him taking up his appointment until October 2014.  Although a Planning Law specialist at the Bar, and heavily involved in the long-running Manchester Runway litigation, Mr. Justice Gilbart was well-regarded by the Manchester Bar for his approach to criminal cases as the Recorder of Manchester.  During his tenure in that office he presided over many high-profile criminal cases, from murder to the high-profile Manchester Riots, in respect of which he set local sentencing guidelines which were later overturned by the Court of Appeal. 
He was made a Knight Bachelor on 10 November 2015[2]