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He will not be appealing for fear of incurring more costs. He will continue to teach and research with the support of his university. But he insists that he was not malicious, and honestly believed the evidence he collected as an academic - evidence that was thoroughly discredited by the court - was presented in good faith. I would advise any academic to be extremely cautious about undertaking any public duty that might see them end up in court. I wish I could be more optimistic. Barker's review team - three social workers and a psychologist - was asked by the city council not to comment on the findings of the criminal trial but to deal with parents' complaints.

Hanlon's razor

That brief appears to have been ill-conceived. More than witnesses were interviewed in relation to complaints from some 40 parents. Central to the investigation were many hours of videotaped evidence of interviews with small children. That evidence, while taken seriously by the review team, was dismissed by the court, which concluded not only that many of the children were asked leading questions but that Barker's team had condoned questioning techniques that they knew to be misleading.

We were neutral at the start. I am absolutely certain of that. It could not have been any other way. Publication of the report, which concluded unequivocally that Reed and Lillie had been guilty of serious sex offences, including rape and involving dozens of small children, provoked a media frenzy. About six months after publication, however, Barker received a letter indicating Reed and Lillie's intention to sue for libel. While Reed and Lillie had sued both the council and the authors of the report, their action against the council failed because it was protected by qualified privilege.

The claim against the authors was upheld because the judge found they acted with malice. Although the judge found that the review team believed that the claimants were guilty of child abuse on a very extensive scale as summerised in their report at the time it was published, he found that they were malicious because "they included in their report a number of fundamental claims which they must have known to be untrue and which cannot be explained on the basis of incompetence or mere carelessness".

The judge said that as a witness, Barker "did not impress". He described his evidence as rambling and defensive. It was difficult to follow.

Much of it was waffle. More significantly, however, I am afraid that there were certain respects in which I found it impossible to believe what he was saying. The judge also said that some members of the team had formed the view from the outset that the claimants were guilty of child abuse on a very extensive scale and never wavered from that view, which undermined their good faith. Barker admits to huge disappointment in the finding of malice, not least because he failed to convince the judge of the team's integrity.


Mistaken Malice by K'Anne Meinel

He thinks, on reflection, that the implications of the judgment are that inquiries of the sort that the team was asked to carry out might in future be done only by lawyers used to the courtroom and the kind of approach that goes with it. The social work background and inquisitorial approach of the team contrasted sharply and ultimately very unhappily with the courtroom process in which the team eventually found itself. Recalling his six days of cross-examination, Barker says he was asked to relay in micro-detail events that had occurred several years before.

While I am a successful academic, I was not successful in the context of a libel trial. Barker admits that when he returned to the university at the start of term he was unsure what the reaction was going to be, but says he has been overwhelmed by support from colleagues. I have to hang on to that. Love Is Not A Game Pamela Wire. Waiting For CJ.

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