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Email from David Whelan to Ray Wyre, 27/03/07.

Re: David Whelan, BBC Frontline Scotland "Secrets or Lies" 1st April 2003.

Dear Mr Wyre

Thank you for your email dated the 24/03/2007 with regards the above.

What you apparently said and what was portrayed are clearly different and as I stated this had a direct impact on me. This program by Frontline was clearly not about "Historical Abuse Cases" but solely about the alleged miscarriage of Justice concerning the case of Mr John Porteous.

My issues is that how you were portrayed and your words as an "Expert" had a direct impact on me as a Victim.

To abdicate responsibility of your testimony to the Frontline program makers as someone who is regarded as an 'Expert" in these matters by others and in turn the program makers were questioning a verdict upheld in a court of Law.

I have serious difficulties with the fact that you as an "Expert" can provide, even a generalised opinion in such an arena without knowing any of the facts and evidence as presented in a Court of Law.

That is what the standard was being measured against here.

I also for the record wrote to you on at least two separate occasions to you personally as the "Expert" who appeared on this programme and to this day Mr Wyre you did not answer any of the questions put directly to you. Which in my view is unacceptable. I still await a response to those questions put to you.

I have never once raised the issue of compensation, you have brought this particular issue into the debate and this particular issue but I will give you our groups position on it as a group of victim/survivors at the heart of the matters abused in-care.

Only the Courts should decide in these cases or a Judicial system set up to investigate the matters which allows both parties and individuals being accused a fair and just hearing. On the basis that abuse is upheld. Then the current law is clear, concerning personal Injuries. Compensation should be awarded to the injured party.

We do not recognise Timebar. We also do not recognise Criminal Injuries Compensation as we believe it does not take into account the severity and impact that this particular type of abuse causes to children placed in cared (now adults) who have been abused by the care system and their carers.

Where convictions are upheld in the Appeal Courts in these particular cases then we believe that the organisation and its agents should resolve matters without further damage being inflicted on the victims/survivors including apologising unreservedly.

Experts who claim to represent both sides in our view cannot do so impartially in these particular historical abuse cases concerning Quarriers. We also note that "Experts" are commissioned by these organisations agents and not appointed by the Courts.

We also recognise that there are individuals who may be falsely accused. That is why we insist on a proper legal/judicial system to determine in all these cases.

Again you make a statement about the program - "This programme does not appear, to want to give both sides of the story. But that does not appear to be its intention" - when you have no knowledge of the full actual facts pertaining to this programme and programme makers.

I am sure even you would recognise that the BBC self regulates. As to the parts they did not uphold in relation to my complaints, we have enlisted the support of independent media "Experts" who take a completely different view.

I have also put these matters concerning the BBC Frontline Scotland and this particular programme "Secrets or Lies" in the hands of a Select Committee in Parliament responsible for the oversight and regulation of the BBC. I do not believe for one moment that this matter has reached its final conclusion yet.

"Experts" who are in the public eye and make particular pronouncements and judgements on these individual historical abuse matters without fact and evidence as provided in a Court of Law including giving generalised opinions.

We the victims and I in particular are fully justified in bringing such criticism if in fact it is warranted as it is in this particular case concerning this program, your testimony and how it impacted on me as an individual.

I have engaged with others in a non-confrontational but challenging way, including FACT (falsely accused carers and teachers) and others including the Scottish Law Commission to bring a better understanding to these historical abuse issues and my particular case.

Yours Sincerely

David Whelan

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