Dame Lowell Goddard disappointed there was 'no government defence' of her in the United Kingdom

By John Edens
Stuff
November 8, 2016

http://www.stuff.co.nz/national/86252715/dame-lowell-goddard-disappointed-there-was-no-government-defence-of-her-in-the-united-kingdom

Kiwi judge Dame Lowell Goddard says it was disappointing there was "no government defence of me in England" when she resigned as chair of the historical sex abuse inquiry.

Goddard quit in August as head of the United Kingdom inquiry (IICSA) into cases of historical sex abuse.

In a letter sent to the UK Home Affairs Committee, Goddard effectively ruled out appearing in person before British MPs and referred to "malicious defamatory attacks" by some media.

She was the third head of the troubled inquiry, resigning after 18 months in the £360,000 (NZ$612,000) job.

In a foreword from her husband Christopher Hodson QC, he said the letters and documents were being released as a final step.

The cache of letters and correspondence was sent to media on Tuesday. The most recent relates to the committee's oral evidence hearing request to Goddard, who has been providing written correspondence after leaving London and returning to New Zealand.

In a letter dated November 7 to the head of the select committee, Yvette Cooper MP, Goddard writes:

"I wish to make it very clear that I have never declined to provide oral evidence to your committee.

"I was not required to remain in England, my terms of resignation were finalised on August 11, and I arranged my personal affairs and returned to New Zealand."

Goddard said her focus was on "comprehensive formal reports", which she described as the effective way of informing the committee while protecting the best interests of the inquiry and conforming to legal matters.

She said the proposal for an oral evidence session did not identify any content, or a need, and repeated a request from a previous chair.

Advice from senior lawyers in New Zealand was to decline any oral evidence session.

In the letter, Goddard referred to a developing disagreement between the new chair Professor Alexis Jay and the committee.

"Professor Jay has identified that members of the inquiry should not be called before the [committee] as that would impair the work of the inquiry. I agree. In my opinion such action would compromise both credibility and independence.

"As a High Court judge in New Zealand for many years before I resigned to take up the chair, I have a duty to maintain judicial independence. That is why I have volunteered detailed written reports (in preference to oral communication) so that no dispute on powers or damage to IICSA's independence could arise.

"I am not aware of any matter which remains unanswered. Meanwhile I have been the subject of malicious defamatory attacks in some UK media.

"I have drawn the [committee's] attention to the falsity of these and their apparent purpose.

"I am disappointed that there has been no government defence of me in England, despite the fact that information refuting some of the more serious allegations has been held by the Home Office and your committee since the time of my initial recruitment."

The letter contained legal advice from her senior counsel, which said there was a concern that an oral evidence session could lead to accusations being repeated in a privileged environment - in other words the allegations could be repeated due to immunity from prosecution under centuries-old parliamentary law.

Hodson, in an email, said Dame Lowell would not be responding to any more requests for comment and her "role in the IICSA is now finally at an end".