Monday, 18 April 2016

Secrets & Lies

The new issue of Stand is out now. You should buy it, of course. I am delighted they gave me the opportunity to pen this piece about the implications for sunderland AFC about the Adam Johnson trial. I note Johnson has appealed. I also note the judge's comments, when handing down sentence, of Johnson's utter lack of concern for the impact of his actions on his victim....


A couple of years back, an earnest, young, would-be entrepreneur of my acquaintance, fresh out of University and brimming with idealistic innovations, came up with the idea of launching a football magazine that would cover the whole North East region, from the Premier League to Sunday morning stuff. As part of his publicity strategy, he wrote to the 3 main clubs in the region, asking for their thoughts and comments about his proposed publication. Middlesbrough were full of support, wishing him all the best but asking, reasonably enough, that he refrain from trying to sell the thing on club property. Newcastle United, fairly typically, didn’t bother to respond. Sunderland on the other hand, replied with alacrity, though tellingly via their solicitors, who sent a strongly-worded cease and desist letter, which was enough to make our nascent tycoon ruefully abandon the project altogether, his enthusiasm conspicuously dimmed.

I’ve recounted the above story many times to NE football fans, who uniformly regard the responses of the various clubs as both predictable and par for the course; Middlesbrough are renowned and respected for being community-focused and outward-facing, while Newcastle United share their opinions on any subject about as frequently as a Trappist with laryngitis; as for Sunderland, well I’d best be careful what I’m saying here. You see the Wearside club have a reputation for being prone to consulting with M’Learned Friends at every possible opportunity. Thus it is no surprise that such a litigious lot had as their recently departed chief executive Margaret Byrne, a trained criminal lawyer.

Ms Byrne has not recently practised her trade, having left behind the role of a duty solicitor in north London when she took the job of company secretary with Sunderland in 2007, before her rapid promotion to the role she occupied until recently. That said, she no doubt retains sufficient knowledge of current statutes to enable her to speak with confidence and authority on matters of law. Certainly, as was stated from the witness box at Bradford Crown Court, since Byrne was made aware of the child sex offences Adam Johnson committed and has been convicted for, not only by the former footballer himself, but also by investigating officers from the Durham Constabulary, her continued employment with the club was rendered untenable. From the moment those claims made on the stand by the club’s former employee were proven true then, regardless of the content of any weasel-worded apology, Sunderland as an institution and Byrne in her role as a senior executive of the club, were guilty themselves of having betrayed the support, the city, the club’s proud history and traditions, but most of all, they have betrayed a 15 year old victim of the predatory paedophile they paid £60,000 per week for the 11 months after his initial arrest until his guilty plea. This is even before one considers the impact of allowing Adam Johnson to play in the Premier League after Byrne, who herself earned £663,000 basic during the period February 2015 to March 2016, was given full transcripts of the 843 Whats’App messages between Johnson and the 15 year old victim of his child sexual abuse.

Let there be no doubt about this case; the 15 year old girl, a devoted Sunderland fan who idolised Johnson, is a victim, who deserves not only our sympathy and her inalienable right to the privacy required to rebuild her shattered life and demoralised self-esteem confidence. She also warranted, as an absolute minimum, a full, frank and sincere apology from Sunderland FC, not only for the abuse she endured by one of their employees, but the scarcely credible situation of allowing  Johnson to turn out for the club, despite the knowledge of his sexual offending that Byrne was aware of. Her subsequent comment that she was ‘astounded’ when Johnson pleaded guilty simply does not square with a trained criminal lawyer’s understanding of the implications contained in Johnson’s statement containing. 

If Adam Johnson had worked in a job whereby a criminal record check by the Disclosure and Barring Service was a condition of employment, standard safeguarding policies would have unquestionably ensured he was suspended without prejudice as soon as he was arrested.  This suspension, without prejudice, would have continued until such time as the case was concluded. Obviously in an instance like Johnson’s, the employee would have been summarily dismissed for gross professional misconduct the moment a guilty plea was entered. Additionally, bearing in mind the nature of Johnson’s offences, an internal investigation would have taken place from the start of his suspension, rather than after the fact when the truth of the club’s Machiavellian malfeasance came out. In any major public sector inquiry, those at the top would be held accountable, despite Sunderland’s risible insistence the blame lay primarily with Johnson, who "very badly let down" the victim by "his despicable actions."

Contrast the essential and rigorous approach of the public sector with Sunderland’s cynical method of dealing with the case. While Johnson’s contract may have stipulated he could only be suspended for a period of 2 weeks, there was absolutely nothing in it to suggest he was guaranteed a place in the side. However, he continued to play, week in, week out; indeed, on the Saturday before the trial began, Johnson scored a goal at Anfield as the Black Cats came from 2-0 down to rescue a precious draw. It may be the point that keeps them up, which is the whole sickening, tawdry reason why Sunderland needed Adam Johnson in the period between arrest, being charged and the trial. It is impossible to conclude that Sunderland’s actions in repeatedly fielding Johnson were based on anything other than fiscal considerations; £3.2m is a hell of a lot of money to give to someone you know has sexually abused a child while an employee of your organisation, but it’s small beer compared to the riches available from Premier League membership. Just exactly how did the conduct of the club she supported make Johnson’s victim feel?

The lack of understanding shown by many people regarding the mechanism of the legal system in this country is depressingly predictable. Those claiming Johnson was “innocent until proven guilty” failed to understand the detailed investigation the police undertook, as well as the Crown Prosecution Service’s deliberation as to whether there was enough evidence to suggest a realistic possibility of conviction and whether it was in the public interest. Consequently, the absence of a guilty verdict is a red herring when assessing the morality of Johnson’s continued presence in the Sunderland side. There had been many, many meetings, interviews and statements taken before Johnson appeared in the dock. Margaret Byrne knew this. Despite Byrne’s insistence to the contrary, I find it inconceivable that she would not have advised the club’s owner Ellis Short and the then manager Dick Advocaat about the nature of Johnson’s conduct, though Sam Allardyce claims he was not informed about the detail of the Johnson case when taking over the manager’s job.  One wonders if he would have played Johnson if he’d been fully conversant with the facts; it would be a good thing to know, when judging the conduct of the club in totality.

As a trained lawyer Margaret Byrne should have understood every single implication of the case, from the probable dates of pre-trial hearings to the potential sentence that could be handed down. However, in the wake of the verdict, Sunderland FC have opted to admit as little as possible, which is simply not acceptable, not least for the sake of the victim and her right to justice and closure. The first mealy-mouthed statement released by the club after the verdict was as semantically mendacious as it was amoral.

Ignoring the fact that Durham Police confirmed what was said during Johnson’s testimony from the witness box, namely that the club were fully aware of what Johnson accepted had happened between him and the victim, as well as the narrative of their contacts on social media, Sunderland sought to distance themselves from any accusations of unethical conduct by claiming they sacked Johnson as soon as he entered a guilty plea. This may or may not be true, but it does not alter the fact that the club, in the shape of its chief executive, were aware of what Johnson admitted had occurred between him and the victim; conduct that would see him required to sign the Sex Offenders’ Register and be imprisoned.  To know this and then say they believed Johnson would plead not guilty is contemptible. Did Byrne take Johnson to one side after the meeting and say “this is our secret?” If she did, she has belatedly done the right thing. If she did not, and did share her knowledge of Johnson’s offences with others at the club, then she has been cast in the role of sacrificial lamb. Please don’t have any sympathy for her though. Basically, Sunderland were only concerned with ensuring their continued place in the Premier League. Having a £10m winger who scores and creates goals, even if he is a paedophile, increases the chances of Sunderland staying in the top flight.

What will happen next is educative when considering the base amorality and utter absence of ethical business practice in the professional game in this country. The PFA’s ungracious press release made it clear that their loyalties lie with the disgraced former footballer. As a trade unionist myself, I see the fundamental need for unions to represent their members and support them when appropriate, though I find it inconceivable that the National Union of Teachers , for instance, would seek to defend one of their members convicted of child sex abuse. Similarly the Premier League will not wish to get involved with Sunderland, as any whiff of scandal may tarnish the sales potential of the brand on a global basis. Rather they will seek to abrogate responsibility to the club, for whom it was “an internal matter.”

I’m not suggesting Sunderland be deducted points or fined, as that will not serve as adequate restitution for the victim in this case by any stretch of the imagination, but it would be nice to think Sunderland could spend maybe a fraction of the £3.2m wages Adam Johnson earned between arrest and dismissal, to fund a programme of counselling, or even just a phone line, to provide support and assistance for other victims of child sexual abuse, to help this poor, injured individuals come to terms with their ordeal and hopefully move on with dignity. I sure as hell hope Adam Johnson’s victim can do that, as Sunderland FC certainly won’t, despite sacking Margaret Byrne. The club’s name will forever be associated with the venal greed that has disfigured our game. Twenty five years ago, Sunderland used to describe themselves as “the caring club;” no more. Never again.




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