McMartin Pre-School Trials is of RELEVANCE after Malaysian police made allegations of abuse - including sexual abuse at 18 care homes.
Children were sodomised and forced to do the same to others at the 18 care homes in Selangor and Negri Sembilan that were raided by police. According to Inspector-General of Police Inspector-General of Police Tan Sri Razarudin Husain, this was only the tip of the iceberg of the horrific abuses the children were allegedly subjected to at the homes linked to the Global Ikhwan Services and Business Holdings (GISB). "They were forced to molest other inhabitants, this is what we gathered from intelligence and statements. Those who were sick were not allowed to seek medical attention until their condition became critical. "There were a few children, aged five years old, who were burnt with a hot spoon when they made a mistake. The caretakers also touched the children's bodies as if to conduct 'medical checks'. - Star, 11/9/2024
Likewise, in the McMartin case, there was allegations, now deemed false allegations, about child abuse in ONE pre-school
...allegations against other employees at the preschool [2]. And, though they lacked the evidence to prosecute Ray, the police pursued Johnson’s allegations that the preschool staff were perpetrators of crimes ranging from child pornography to orgies in secret underground tunnelsHowever, now the case is seen as
NOT many privately owned companies in Malaysia can genuinely claim to have a global presence, even if they boast multi-million ringgit assets or employ thousands of staff. GISB Holdings Sdn Bhd (GISBH), commonly referred to as the Global Ikhwan Group, is a rare exception. The private Muslim conglomerate, with assets totalling approximately RM325 million worldwide, has built a commendable network of 415 business outlets across 20 countries in Asia, Europe, Africa and Australasia....The group employs 5,346 staff under its 25 subsidiaries. Among its prized assets are, a desert oasis in Saudi Arabia, restaurants in London, Paris, Istanbul, Dubai and Makkah, accommodations in Turkiye, a hotel in Sarajevo and a 120-acre (48.56ha) estate in Perth. - Malaysian Reserve, 19/8/2024
What will the impact of these allegations on the business in Malaysia and overseas, its 5,346 employees, etc..? Would people start 'boycotting'? After all, what happened in Malaysia was reported by media in many different countries...
True or not true - when it comes to such issues the impact against alleged perpetrators, and in this case also the company would be great...
What is disturbing is that the source of information, that media relied on, is the Malaysian police - and we must be concerned as to whether the police actions, of an allegation still not proven in court to be true. Will what the police did result in the suspects being punished first before the Courts determine the guilt after a fair trial? Will PM Anwar reprimand the police?
As Anwar rightly pointed out ‘The police investigate, the judges deliver the sentence. Before a sentence is passed, suspects should not be punished beforehand,” he said in his speech during the 25th SUHAKAM anniversary here today (BERNAMA, 9/9/2024) .Police must be careful and use words such as 'allegations' or 'suspected' - and, not use words that will mislead the public into believing that 'it is the TRUTH'. Remember the presumption of innocence until tried and proven guilty in court - Only the court determines a person or GISB are guilty...and until then it is just MERE suspicions by the police, prosecution or even the government of the day.
Malaysian police do LIE - as was demonstrated in so many cases before this. See also how the findings of Coroner and the Court in When police shoot and kill - Minister must apologize and Charge the police killers in court - Let Court decide on guilt or defence. Criminalize extrajudicial killing(with deterent sentence) - A Statement of 18 Groups
One reason suggested for this crackdown on the then Al-Arqam, and now GISB was because the Malay Muslims involved were not persons that depended on the government to succeed in business - they did it on their own. True or not true?
Is this crackdown about child abuse, or is it because of deviant Islam? Internal Security Act (ISA) was used against members of the Malaysian Darul Arqam in 1994, and the movement was banned. However, interestingly I could not find any criminal prosecution against members of the then Al-Arqam.
Former members of the Global Ikhwan Services and Business Holding (GISB) will be called soon to facilitate investigations into the company and the group's ideological doctrine, Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Moktar said. The former members, he said, will be called by the special committee that was formed recently to conduct a thorough investigation and study of GISB's doctrines to eradicate deviant teachings."The (special) committee formed under my authority will resolve and finalise the study related to GISBH. - NST, 16/9/2024CONFUSING, investigate the child abuse allegations - the Ministry responsible for Children should be involved - not the Religious Affairs Minister. SUHAKAM, who also has a CHILD RIGHTS COMMISSIONER must also ACT now --
Remember the IMPACT of false allegations and irresponsible reporting as happen in the McMartin's case. The person who committed crimes alone should be prosecuted - not the Company that owns the establishment UNLESS the police or government can tell us UNDER what law and section and for what crimes they are being investigated?
Letters to the Editor: The falsely accused McMartin family is still waiting for justice
To the editor: As a journalist, I covered the McMartin Preschool case for five years for various magazines. While I am relieved to see that most in the media have finally seen the light about this case, and identify it now as a gross miscarriage of justice, I remain astonished by the complete lack of accountability of those who perpetrated this fraud. (“Wild claims of mass child molestation rocked an L.A. beach town. Truth was the first casualty,” July 17)
As The Times’ article rightly described, the case involved “the epic failure of trusted institutions: law enforcement, courts, the child-therapy establishment and the media.”
The McMartin defendants lost more than their preschool and their reputations. They lost their homes, savings, their freedom and emerged as “monsters” who had rocks thrown through their windows and death threats. Defendant Ray Buckey was held in solitary confinement with no bail for five years.
His sister’s hair was set on fire while she rode to court with other inmates in the sheriff’s van.
And yet, to this day, despite awareness now that they were innocent victims of hysteria, ambition and incompetence, no one in authority has stepped up and done anything for the McMartin family to make up for this gross injustice. That is shameful.
Mary A. Fischer, Los Angeles - LA Times, 27/7/2024
Almost 40 Years Later: Key Takeaways from the McMartin Preschool Trials
By Gregg Woodnick and Isabel Ranney
As parents return to work, children across the nation are going back to school and back into the hands of caregivers, which creates an atmosphere ripe for abuse allegations (not to mention the continuous rise of QAnon). It is important for parents and caregivers to be reminded of the McMartin Trials as things return to normal post-COVID because, if McMartin teaches us anything, it is that child abuse investigations have come a long way, but there is still more to that can be done to prevent false allegations.
SATANIC PANIC
In the late 80s to 90s, preschools and daycares across the nation faced
immense public scrutiny. “Satanic Panic”—a widespread conspiracy that
people were being sexually and physically abused in Satanic and occult
rituals—created an environment ripe for parents to believe their
children were molested, physically assaulted, and forced to participate
in all sorts of bizarre, untoward scenarios at their child’s daycare or
preschool [1]. The molestation allegations reached their apex in 1983
and resulted in the longest and most expensive trial in California
history: the McMartin Preschool Trials.
THE CATALYST
Judy Johnson had no proof McMartin preschool teacher Ray Buckey molested
her son but that did not stop her from calling the police in 1983, nor
did it prevent her from making allegations against other employees at
the preschool [2]. And, though they lacked the evidence to prosecute
Ray, the police pursued Johnson’s allegations that the preschool staff
were perpetrators of crimes ranging from child pornography to orgies in
secret underground tunnels [3]. Although Johnson would later be
diagnosed with paranoid schizophrenia, her allegations jumpstarted seven
years of litigation and triggered national panic over the safety of
daycare facilities. After the trials concluded in 1990 with no
convictions, law enforcement reevaluated how they investigated child
abuse and states reviewed their CAPTA required mandatory reporting
statutes.
THE INVESTIGATION
“Please question your child to see if he or she has been a witness to
any crime or if he or she has been a victim” read the letter the
Manhattan Beach Police Department sent to the parents of 200 students at
the McMartin school [4]. These letters caused McMartin parents to
demand an investigation into the allegations against Ray and the school.
In response, the District Attorney hired Children’s Institute
International (CII) consultant Kathleen MacFarlane to interview current
and former preschoolers.
It should be noted that MacFarlane was not a licensed therapist of any type in the United States nor was she licensed in California as a social worker [5]. Nevertheless, using questions designed to elicit allegations, puppets, and anatomically correct dolls, MacFarlane encouraged children to show her “yucky secrets” and to admit to being abused. MacFarlane’s coercive interviewing techniques resulted in 384 out of around 400 students to be deemed a victim of sexual abuse [6]. A sampling of MacFarlane’s leading and information-seeking questions is provided below [7]:
– “We know about that game […] cause we just have had . . . twenty kids told us about that game . . . . . Do you think if I ask you a question, you could put your thinking cap on and you might remember?”
– “Can you remember the naked pictures?” […] “Why don’t you think about that for a while, okay? Your memory might come back to you.”
– “Do you think some of that touching that – Mr. Ray might have done some of that touching? Do you think that’s possible?”
Ultimately, only McMartin preschool teachers Ray Buckey and his mother, Peggy, went to trial after an exhaustive preliminary hearing led to charges being dropped against the five other defendants. Although some of children testified in open court, the lack of substantive evidence (no photographs or secret tunnels were located) and the clear manipulation of the children during the interview process resulted in Ray and Peggy’s acquittal in 1990 [8].
CHANGES IN POLICE INVESTIGATIONS AND INTERVIEW TECHNIQUES
Today, the letter that the Manhattan Beach Police sent to the parents of
McMartin students would never have happened. Since McMartin, there has
been an increased awareness about how letters of such a salacious and
alarming nature would trigger panic in any reasonable parent. Now, any
allegations of child abuse by staff would be handled delicately and
discretely and in accordance with the CAPTA requirement that child abuse
and neglect records are confidential [9].
Now, the Department of Child Services (DCS) often interviews children before their parents are even aware there has been an allegation of abuse and puppets and dolls are used sparingly, if at all. The DCS Program Policy in Arizona specifically requires interviews to take place in a safe and neutral location, if possible, to help ensure the child is not coached to respond a certain way. While these changes certainly help minimize false allegations, it has not eliminated them.
To this day, the impact of McMartin lives on, as daycares are still susceptible to child abuse allegations and some states, including Arizona, have lawyers that advertise themselves as “Daycare & After-School Sexual Abuse Lawyers.”
[1] https://www.nytimes.com/2021/03/31/us/satanic-panic.html
[2]
https://books.google.com/books?id=qnBYYsw9VaUC&lpg=PA5&ots=taWZOnhIbi&dq=mcmartin%20preschool%20trial
(Ray Buckey also happened to be the twenty-five year old grandson of
McMartin preschool founder Virginia McMartin and the son of Peggy
Buckey, the preschool Director. All three, in addition to Ray’s sister
and three other teachers, faced child abuse allegations; Judy Johnson’s
allegations became more erratic over time, resulting in a diagnosis of
paranoid schizophrenia, which prosecutors kept hidden from the defense
and the press).
[3] http://law2.umkc.edu/Faculty/Projects/FTrials/mcmartin/mcmartinaccount.html
[4] Id.
[5] http://ipt-forensics.com/journal/volume7/j7_2_1_4.htm
[6]
https://scholarworks.utep.edu/cgi/viewcontent.cgi?article=1014&context=james_wood.
(A sample interview with a child demonstrates statements such as “You
must be dumb” and “I heard from several different children that they
took their clothes off” were used to elicit abuse allegations.
Additionally, about half of the children were “confirmed” sexually
abused after a medical examination. The doctor who conducted these
examinations said her conclusions were based not on physical evidence
but on the children’s “medical histories and her belief that ‘any
conclusion should validate the child’s history.’”)
[7] https://famous-trials.com/mcmartin/910-sampleinterviews
[8] http://law2.umkc.edu/faculty/projects/ftrials/mcmartin/mcmartinchrono.html
[9] https://www.childwelfare.gov/pubPDFs/confide.pdf
Gregg Woodnick has been practicing law in Arizona for over 20 years. He is a former adjunct law professor and has lectured for Yale University, Midwestern College of Osteopathic Medicine, Arizona State University and Northern Arizona University.
Isabel Ranney is a law student at the Sandra Day O’Connor College of Law at Arizona State University, Associate Editor for the Law Journal for Social Justice, and clerk at Woodnick Law.
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