Fettes abuse accuser hails 'bittersweet victory' over extradition

A former pupil of one of Edinburgh's most prestigious private schools has called the handling of abuse claims against a former teacher "incompetent and utterly unprofessional".

A group of former Fettes College junior school pupils were twice told it was "not in the public interest to prosecute."

But after a U-turn from the Crown Office, the 82-year-old suspect can now be extradited.

He is currently living in South Africa.

Fettes College has accepted liability in cases of historic sexual abuse and civil claims are now proceeding.

The former pupils have been in a battle with the Crown Office for months in an attempt to find justice for physical and sexual abuse they allege happened at the junior school in the 1970s.

Prosecutors said that there was a time-bar on some historic abuse claims and that the age and health of the accused and the effect of the Covid-19 pandemic meant it was not in the public interest to prosecute.

In January, the former pupils pushed for a review of the case, but the decision was upheld.

They did their own research and discovered there was no such time bar to the alleged crimes.

Now, the BBC understands the Crown Office has reversed its decision and is actively pursuing legal action to bring the alleged perpetrator back to Scotland to face trial.

One of the men who claims he was abused spoke to Radio Scotland's Drivetime with John Beattie programme.

Alan (not his real name) said it was a "bittersweet victory".

"It's good news in that, finally, the right decision has been made. But at the same time, I am left with a very bitter taste in my mouth because we have been protesting and protesting with the Crown Office that the original decision was wrong and the subsequent decision they made after the right to review was wrong because the law in South Africa changed."

He added: "Whilst I was delighted to see that result in a letter, I was absolutely furious that there was no acknowledgement at all that we, the victims, were right.

"The whole thing smacks of utter incompetence and utter unprofessionalism. It has been a battle."

Alan now hopes to see the alleged perpetrator in a Scottish court.

He said: "My primary objective was to let this man know he couldn't get away with what he did to us and if that means for the remainder of his life he is looking over his shoulder and in a state of anxiety and worry, then so much the better."

Alan has also made a formal complaint to the Lord Advocate seeking an apology for how he and other accusers were treated.

He said: "We have had to dig up the past, all of us, talking to the police, reporting it to the police, being part of the Scottish Child Abuse Inquiry, and making lengthy and detailed statements and interviews.

"It was passed to the Crown Office in the interests of administering justice. And then they don't and their decisions are flawed - not just once but twice - and despite repeated attempts to make them sit up and pay attention to what the law actually is, we have just been knocked back and knocked back.

"We have not been treated fairly at all, or with integrity or professionalism."

Fettes College has accepted liability in cases of historic sexual abuse.

Laura Connor, of Thompsons Solicitors, represents some of the former pupils now making claims.

She said of the extradition decision: "The Crown's decision to now apply for extradition for an accused serial sex offender is very welcome, but serious questions must be asked about why this didn't happen months ago.

"Many of our clients, working with my team and journalists, discovered there was no block on this extradition going ahead. That is despite being repeatedly told by the Crown they were unable to proceed because of the law in the country where the accused was living.

"Survivors effectively had to do the Crown's investigation for them and prove that their stance was wrong. "

A spokesman for the Crown Office and Procurator Fiscal Service said: "It is the duty of the prosecutor to keep cases under review and to respond to changes in applicable law and available evidence. "This has been a complex investigation and COPFS appreciates that it has been a difficult time for all those involved. "Officials have maintained contact with the complainers over the status of the case. "In order to protect any future proceedings and to preserve the rights of the complainers, the Crown will not comment further at this stage."