xmlns:o="urn:schemas-microsoft-com:office:office"
xmlns:w="urn:schemas-microsoft-com:office:word"
xmlns="http://www.w3.org/TR/REC-html40">
This is perhaps one of the most tragic aspects of
current vaccine policy. Imagine, you
vaccinate your child, he or she dies from a vaccine reaction, and you go to
jail. What could be worse? - SM
http://www.sunday-times.co.uk/section/0,,9001,00.html
2
Babies die after vaccination and their mother languishes in jail
SUNDAY JANUARY 20 2002
I
am afraid Sally is giving up hope in prison
Stephen Clark continues to fight to prove the innocence of his
wife Sally, jailed for the murder of two of her
children
In
a few days time David Blunkett, the home secretary, is
expected to set a sentence tariff for Sally Clark, the
solicitor jailed for
the murder of her two sons when they were no more than
a few weeks old,
writes Margarette Driscoll.
Though the sentence set in court was mandatory life the home
secretary has the discretion to vary the actual time
served. He is currently
mulling over a thick file of submissions from family,
friends and expert
witnesses.
Ever since the jury reached a majority verdict of guilty at
Chester crown court in November 1999, there have been
public and private
misgivings about the case among lawyers, doctors and
families who have
suffered the tragedy of losing a child through cot
death.
The
Clarks have received hundreds of letters of support from the
public, many of which are included in the Blunkett
file. The unease in the
legal profession was evident last year when a
disciplinary panel of the Law
Society decided to suspend Clark; a solicitor
convicted of such a serious
crime would normally be automatically struck off.
More than two years after the trial Sally Clark still vehemently
protests her innocence, but having lost an appeal against
conviction last
October and spent her third Christmas in jail, she is
downcast. She told
her father recently she felt numb; she couldnt even
get angry any more,
says her husband, Stephen. I am afraid she is giving
up hope.
The
wheels of justice grind infuriatingly slowly. The Criminal
Cases Review Commission is to look at Clarks case but
she is at the back of
a long queue of potential miscarriages of justice.
One
encouraging sign is that the commission has ordered the
Crown Prosecution Service to preserve tissue samples
remaining from the
babies post-mortem examinations. The family hope they
can be used for new
tests, based on research into genetic factors in cot
death completed since
the trial, and other tests that might produce an
explanation for the babies
deaths.
A
new study by the Royal College of General Practitioners also
shows an intriguing correlation between the babies
deaths and national
incidence of lung infection. Christopher, Clarks
first son, died just short
of a five-year peak. Her second son Harry died at a
lower peak, but one that
the author of the study still regards as
statistically significant.
Christopher was originally certified dead of a
respiratory infection.
Meanwhile, Stephen, 40, juggles a new job
with a London law firm
with life as a single father to the couples surviving
son, who is now
three. Every week he takes his son to visit Sally at
Bullwood Hall prison in
Essex. When he goes in he runs to her. He sits on her
knee and reads a
book, says Stephen. For his sake shes keeping
herself going; he needs his
mum. But it must kill her every time we leave.
His
son talks about prison as Mummys house. Hes started
asking why Mummy cant come to our house, says
Stephen.
Its getting to the stage where I am going to have to talk to
him about all this and I havent got a clue what Im
going to say.
Last year Stephen left his job in Manchester. Fighting the case
and preparing the appeal had all but wiped them out.
He estimates that the
case has cost the couple £250,000 everything we
worked for even though
several legal and medical experts have given free
advice.
The
house and car had to be sold to pay legal fees and when he
moved south, to be near Sally, it meant starting
again. One consolation was
being offered jobs by several City law firms. The fact
that they were
willing to take him on despite knowing about Sally was
a welcome boost to
morale.
Sally has never seen the house that he and his son live in now,
but she helped choose it, poring over estate agents
details. Stephen took
paint charts into prison so she could choose. They
picked furniture
together, from brochures.
Sally also chooses all her sons toys and
clothes. Some time
soon well have to start thinking about schools so
Ill be taking in Ofsted
reports, says Stephen. I want her to stay involved
in every aspect of our
lives. Our house is very much her house; its got her
stamp all over it.
When she is released I want her to step into a life
that she is familiar and
comfortable with. Keeping a normal family life going
despite everything is
a way of fighting back.
Clark was convicted of murder without anyone being able to say
definitively how either baby died. The prosecution
maintained that both
babies had sustained physical injuries, deliberately
inflicted, even though
none was apparent when they were admitted to hospital.
The defence argued
that the pathology that alleged such injuries was
flawed and that any
injuries that did exist were due to vigorous efforts
at resuscitation.
There were nine days of complex and conflicting medical
evidence, some of which even Stephen, an experienced
lawyer, struggled to
understand. But in just a few minutes discussion of
cot death Professor Roy
Meadow, a world-renowned expert in child abuse, told
the court that the
chances of two such deaths occurring in a non-smoking,
middle-class
household such as the Clarks was one in 73m. Clarks
family, and other
independent observers, believe the statistic easily
understood but wrong
sealed her fate.
The
daughter of a senior police officer, Sally, 37, met Stephen,
a corporate lawyer, when they both worked in the City.
In 1993 they moved to
Manchester, where they joined a leading law firm and
bought Hope Cottage, a
pretty, detached house in Wilmslow. It was there that
Christopher died, in
December 1996, aged 11 weeks.
Stephen was out for the evening. Sally went
to make a cup of tea
at 9.30 and says when she returned, Christopher had
turned grey. A
post-mortem examination concluded that he had died of
a respiratory
infection.
Just over a year later, in January 1998, tragedy struck again,
at the same time of evening, when Sally was alone with
eight-week-old Harry.
Stephen was in the kitchen making a bottle for him
when he heard Sally
scream from upstairs. This time, the pathologist was
suspicious. Two months
later, Sally was charged with murder.
Last year a manslaughter trial in which a dentist and an
anaesthetist were accused of killing a five-year-old
girl collapsed when
Alan Williams, a pathologist, admitted having made a
mistake. Williams was
the man who raised the alarm about Clark. Meadow
recently acknowledged that
crucial evidence given by him on whether one of the
babies had been
smothered was based on data his secretary had
shredded.
Clark faces many years in jail but even some of those who
believe her guilty doubt whether this is the right
place for her. In three
recent cases of infanticide, the mothers were not
jailed.
Stephen refuses to entertain the possibility that she could have
been involved. Sally would never have harmed our
babies, he says. She
loved them. He has a faint hope that if the home
secretary is guided by the
principles of deterrence and retribution he could
conclude that both have
been satisfied by time served.
But
experience tells him a happy outcome is unlikely. Ive lost
my faith in the system, he says. If this could
happen to us, people with
friends, a bit of money and intelligence, it could
happen to anyone. At law
school I used to wonder how anyone ever got a
conviction, the standard of
proof was so high. Now I know its all a game about
whats admissible as
evidence. Its not about discovering the truth.
Copyright 2002 Times Newspapers Ltd. This service is provided on
Times Newspapers' standard terms and conditions. To
inquire about a licence
to reproduce material from The Times, visit the
Syndication website.
News Review
January 20, 2002
HELP CROSSWORD SEARCH
CONTACT US TERMS &
CONDITIONS