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Baby case judge hits out at British justice

Beale trial: Parents' remarks prompt court outburst

Daniel Jeffreys New York
Friday 08 March 1996 00:02 GMT
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The American judge in the case of Caroline Beale, who was granted probation after she admitted killing her child, yesterday launched a swingeing attack on Ms Beale's parents and the British judicial system.

Superior Court judge Robert Hanophy was incensed by comments from Ms Beale's father, Peter. Last Monday Mr Beale told reporters outside court he thought the US system of justice was "medieval" and said the US courts had fallen on his daughter like "a pack of hyenas". His wife, Daphne, turned on a New York prosecutor, Marjorie Fisher, and said: "You didn't win, my daughter can still hold her head up. She didn't kill her child."

This remark was widely reported in New York newspapers. As part of her plea- bargain Caroline Beale, 31, had to admit that she "recklessly caused the death of her baby". She was also asked if she was pleading guilty because she was guilty to which she replied: "Yes." Her mother's remarks cast doubts on Ms Beale's sincerity and yesterday Justice Hanophy was said to have reconsidered Ms Beale's sentence of five years probation and a year of psychiatric treatment. She could have faced 15 years' jail and some US newspapers say she was let off lightly.

In the event Judge Hanophy agreed to let the plea bargain stand, but only after he launched a stinging attack on her parents and the British system of justice, especially its handling of IRA cases.

As Ms Beale sat shaking, Judge Hanophy said in a direct reference to the Guildford Four case that the UK was "that great country that has arrested a great many people on the perjured testimony of their police and allowed them to spend 15 to 17 years in prison even after their innocence became apparent".

He also criticised the United Kingdom's Infanticide Act which experts say would have led to more lenient treatment for Ms Beale had her baby been born in England. Judge Hanophy said, praising the US system: "We aim to protect the children rather than excuse the killer. That is the primary focus in this country. I cannot fathom calling that barbaric or uncivilised."

He then turned on her parents, referring to Peter Beale as "a big mouth". He then announced that the Beales' house in Chingford will remain in the control of the New York courts for five years while their daughter completes her probation.

Yesterday Ms Beale's lawyer, Michael Dowd, instructed Mr and Mrs Beale to make no further comments to the press until their daughter arrived back home. Mr Beale said: "I could kick myself for using some of those words, especially calling the system medieval although that's what it is."

After Judge Hanophy's extraordinary outburst a British consular official, Michael Dwyer, met the judge in an attempt to cool matters down. Mr Dwyer, who has been invaluable to Ms Beale's case, urged Judge Hanophy to accept an apology from Mr and Mrs Beale that had been delivered by their daughter earlier after the judge asked her what she thought about the US system of justice.

The Beales are still trying to bring back the body of their grandaughter, Olivia Ann, which lies in a pauper's grave in Hart Island, New York, after being placed there by mistake in January.

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