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Sex abuse trial of former Swaylands School workers Colwyn Baker, David Hennessy and Nigel Putman hears defence arguments

14:00, 05 March 2015

updated: 14:25, 05 March 2015

A jury hearing the trial of three former child care officers accused of sex abuse at a residential school for boys has been warned to beware of money being a “significant motivator” for alleged victims.

Sarah Elliott, QC for one of the defendants - Colwyn Baker - said thousands of pounds had been paid out in compensation after her client was sentenced in 1994 for sex offences committed at Swaylands School in Penshurst.

Baker, now 70, was “dealt with” for four offences of indecent assault and one of gross indecency involving three boys.

Defendants Nigel Putman and David Hennessy
Defendants Nigel Putman and David Hennessy

“It is an obvious point but the fact he has those convictions doesn’t mean you should conclude he is guilty of what he is accused of in this trial,” Miss Elliott told the jury of seven men and five women at Maidstone Crown Court after the prosecution opening of the case.

Baker, David Hennessy, 73, and Nigel Putman, 61, face a total of 49 charges involving 24 boys.

Prosecutor Philip Bennetts QC said there was a “multitude of sexual abuse” at the school between 1963 and 1993 which was so extensive, it became almost the norm.

Hennessy, he said, was sentenced in December 1993 for four offences of indecent assault and two other serious sexual offences involving one boy.

Three former workers from the former Swaylands School are standing trial
Three former workers from the former Swaylands School are standing trial

Miss Elliott said Baker admitted his previous offences, so there was no trial.

“Fast forward 20-odd years to now and the reason you are here is because he has pleaded not guilty to these charges,” she continued.

“He says: ‘I didn’t do these things and these witnesses are not telling the truth.’”

Publicity was generated in 1993 and 1994 over an investigation at the school following Baker’s pleas.

“We invite you to be cautious when considering allegations from people for whom money may be a significant motivator..." - Sarah Elliott QC, defending Baker

“It won’t surprise you to know compensation was sought and paid,” said Miss Elliott. “Barnet Council, whose school it was, have paid thousands out in compensation and there may be more claims in the pipeline.

“We invite you to be cautious when considering allegations from people for whom money may be a significant motivator. We invite you to be aware of the possibility of collusion between witnesses.

“You will hear evidence of ex-pupils making contact with each other on Facebook and Friends Reunited and so on. Keep your eyes open for contamination of their accounts.”

Further complainants came forward after Baker was arrested in 2012. Lawyers’ “adverts” asked: “Did you attend Swaylands School? Were you abused? There may be compensation available to you.”

Miss Elliott said sexual allegations were possibly the easiest to make. It was often one person’s word against another’s.

“Think of the difficulty of defending yourself against such an allegation, other than to say: ‘I didn’t do it.’ Mr Baker is an easy target because he has admitted offences in the past.”

As it was a school for boys with emotional and behavioural difficulties complainants were not going to be “average witnesses”.

The case was heard at Maidstone Crown Court
The case was heard at Maidstone Crown Court

There may also be witnesses who wanted to shift the blame for things they had done at the school, Miss Elliott added.

Baker, of Morningside, Edinburgh, denies 22 charges of indecent assault on a male, one of indecency with a child and three other serious sexual offences.

Hennessy, of Westfields, Narborough, Kings Lynn, Norfolk, denies 18 charges of indecent assault on a male, one of indecency with a child and one other serious sexual offence.

Putman, of Kings Road, Slough, Berkshire, denies three charges of indecent assault on a male.

The trial, which is expected to last three months, continues.

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