'Legal bid' over Ben Needham case

'Legal bid' over Ben Needham case

Updated on the 02  December
2014
11:44
Published 02/12/2014 10:
Lawyers representing the family of missing toddler Ben Needham, from Sheffield, have said they may take legal action to try to force the Government to make a decision about funding a new police investigation.


Ben vanished on July 24 1991 after travelling to the Greek island of Kos with his mother and grandparents.
Over the years there have been a number of possible sightings and a range of theories about what happened to the youngster, who would now be 25.
Earlier this year, South Yorkshire Police asked the Home Office for financial help to follow up information the family believe has never been properly investigated.
Now the family has engaged a human rights barrister Ian Brownhill, who spotted their plight on their campaigning Twitter feed and offered his services for free.
Mr Brownhill told ITV Calendar News one option is to go the High Court to obtain an order to force the Home Office to make a decision.
He said: "It's effectively a power whereby the court can review the legality of something the Government or a public authority is doing, and we would effectively go along to the High Court and say it's not fair, it's not legal that the Needham family, and indeed Ben Needham himself are waiting for an answer on this funding."
Mr Brownhill said he is writing to Home Secretary Theresa May to ask her to make a decision.
Some commentators have contrasted Ben's family's position with the extensive Metropolitan Police resources devoted to investigating the disappearance of Madeleine McCann in Portugal in 2007.
Ben's mother Kerry, 42, told the programme: "We have seen what is available for one family of a missing child, and we have had nothing like that, nothing at all, even though there is all these comparisons between the two cases. And we're still getting nowhere and I ask why?
"At the time of Ben's disappearance we were abandoned. No British Ambassador turned up on Kos, not even anyone from the British Consulate. No-one was sent from the British authorities to assist us, advise us, to help us to support us - nothing."
Ben sister Leighanna, 20, said: "It seems like a never-ending game - they (the Home Office) just like to keep playing us along, dragging their heels.
"We've not had any help in 23 years. Ten months is a ridiculous period of time and it's very very frustrating, not just for myself but all of my family"
The family have said they want South Yorkshire Police to investigate leads including a file they have handed in that lists eight separate sightings from unconnected people of a boy who could potentially be Ben with the same Greek family.
The Home Office backed a South Yorkshire Police operation in 2012 when land was excavated on Kos, near the farmhouse from where Ben went missing. No trace of the little boy was found.
Last year, a DNA test on a young man featured in video footage shot in Cyprus proved negative.
Policing minister Mike Penning said: "In autumn 2012 the Home Office agreed to give South Yorkshire Police a Special Grant to assist their investigation into the disappearance of Ben Needham.
"We have been in contact with South Yorkshire Police over recent months regarding a further Special Grant request and this was received last month. It is currently under consideration."

This is a very strange case.

There was never any credible report of an abductor - the farmhouse was I think on a quiet country road, quite remote.

This Guardian report in 2009: http://www.theguardian.com/lifeandstyle/2009/mar/29/missing-child-ben-needham

...accurately reported these events:

QUOTE 

At about two-thirty, Stephen left on his moped to go for a swim, a beer and a shower at Kerry's flat. Ben wanted to go with him; he'd been on the bike before, and now he wanted to go with his uncle. A few minutes after Stephen left, Christine registered that Ben had gone quiet and went outside. He was nowhere to be seen.

UNQUOTE

The following comes from another report:
 
"Ever since the police questioned Stephen, their idea that he might have had a hand in Ben's disappearance has haunted him. 'Did I take him, did I pick him up and put him on my bike, did I drive down that lane? I was questioning my own sanity. It was always there. How could a child disappear, how could he just vanish? Did I forget him somewhere or have an accident? Did I run over him or fall off my bike? I've asked myself that again and again'."

That is the theory that the Greek police pursued - that Stephen had ridden off with Ben on his motorbike, and there had been an accident. That was what the South Yorkshire Police search two years ago on Kos was all about.

This was written about a TV Documentary in 2001 on the case:

QUOTE 

"Revisits the case of Ben Needham, who disappeared ten years ago when he was twenty one months old whilst the family were staying on the Greek island of Kos. No trace of him has ever been found, although there have been several reported sightings and false trails. Ben's uncle Stephen Needham undergoes hypnosis to see if he can revive any memories of the day that may prove useful. He has disquieting images of killing Ben in a motorbike accident and burying him, but since police suggested this to him on several occassions during past interogations this may not signify anything".

UNQUOTE 

aquila wrote:Firstly, Ben Needham and his mum weren't visiting Kos. They were living there.

Secondly, read Kerry Needham's book.

Thirdly, once you've done that make up your own mind.

Fourthly, isn't it strange that Kerry Needham is encouraged now in the media?

I have so many things I'd like to say but sadly it might be considered libelous.

Seems that you are thinking what I am thinking, and probably many more.  The problem is, you cant say anything because it may be considered libellous.  In addition to that, no-one wants to be the first to say it.

There is nothing wrong with quoting from a book though, is there?

Would things have been different if Bens' disappearance  had occurred 15 year later when social networking was more advanced?

I haven't really followed Ben's case and I haven't read the book, but I believe that people should be treated equally and I applaud the lawyer who has offered to help for free to try and get a prompt answer from the government.

10 million for one, 10 million for others IMO.

aquila wrote:What bothers me is the photoshoot and the media involvement in potentially creating a story. I'm probably not explaining myself very well here and I'd love nothing more than the truth of what happened to Ben Needham to be found. This is in no way a rabid/cynical observation.

When you involved the media, allow them to photoshoot you and to glam you up, effectively packaging and managing your image and start marketing your case like that, your case is commodified into consumerism for the media to sell papers thereby taking the seriousness out of the focus at heart.  This is all about PR and spin, very much a la mode McCanns.  

If Ben's family hope to pressure the authority to cough up, or to influence public conscious so as to keep missing Ben high profile, and in so doing use affected public sentiments to sway the authority, glamourised photoshoot is not the appropriate way.

Kate and Gerry managed their public image and used clever PR machinery to spin in the Press for self serving interest, nothing to do with search for Madeleine.  If Ben's mum hope to be taken seriously emulating the McCanns is bad taste.

Ben's mum had done hell a lot more for Ben in terms of search than Kate ever did for Madeleine and it seems she'd been ill advised to go down the route of Kate.

I wonder whether Ben's family is aware of the released police files and public skepticism over the Mccanns.  Piggy backing onto the Mcs may not be such a good idea when things go pear shape for the Mcs.

aquila wrote:Yes Aiyoyo, it's a form of grooming which is all too sadly apparent in the media. What' really revolting imo is there will possibly be a media 'Ben's mum' v 'The McCanns' in terms of finding a missing child - which is not about either missing child.

It's about manufacturing a story - and depending on who is pulling the strings - a good story about Ben Needham might just be the heart string puller to bury anything horrible going on with a libel trial in Portugal and an OG investigation.

I feel very sad at becoming so cynical.

I don't agree with you that the media grooming of Ben's family has anything to do with burying bad news for the Mcs.  

Why would the media want to suck up to the Mcs by burying bad news for them?  What's in it for them?

Surely capitalising on the Mcs bad news is going to sell papers better than rejuvenating Ben's case to generate sale figure.

aquila wrote:

Oh gawd, I need to eat some chocolate to cheer myself up.

Oh, I see.

Enjoying your chocolate ?

Personally i believe Ben Needham died on the day he went missing.
Whether this was accidental or deliberate i do not know.

There was building work going on in the area and it is possible he gained access and died there.

Stranger abduction is incredibly rare and if abducted by a paedophile, the child is killed with in a couple of hours most of the time and dumped often haphazardly to be found by searchers.

occasionally the body is moved by local wildlife and subject to predation which would make recovery all the harder.

If the killer was local, the body would invariably be dumped somewhere they are familiar with and feel safe in.
They know the area and would know how often it is visited by locals/wildlife etc.

Depending on the area,  wells. mines, ponds and lakes are often used as out of sight out of mind, there is no risk to the body being discovered prematurely due to leaf fall/harvest/drought or similar.

I would be interested to read the initial statements from all those looking after him at the time and also neighbors and possible witnesses.

I can't recall off hand if they have used cadaver dogs or if they have where they searched.

What is certain is, that after all this time Ben is dead.

Unless he was abducted by a family member such as parental abduction, if it was a paedophile, once he grew past their preferred age if he hadn't been killed already, he would have been killed, or, depending on preferences, perhaps passed on to those who like an older age range.
However,  given the length of time that has passed, it is unlikely he would have been released by his captors as he was now too old, or he had escaped.

He would have left some sort of trace.
Someone would have noticed perhaps  children's clothing being bought by someone who did not have children or a child of that gender or age.
it is unlikely he would have been kept locked in a basement for 23 years since he would no longer  if you pardon my bluntness, be fit for purpose.

The question therefore has to be, who had access to him during the time he was there?
When was he last seen by an independent witness?
Did anyone show a change in behavior or language after he disappeared?
Did anyone leave or move from  or around the area?
Was there anyone who stood out as not being a local or known in the area?

Who had access to  machinery used during the building work?
Did work practices change in the early days of him going missing?
Did anyone do something unusual or unexpected?
Did anyone show a unusual interest in the search?
Did anyone offer or was known to have searched alone and in a specific area?
Apart from Ben, did anything else go missing such as items of clothing or tools?
Was anyone  found in an unexpected place?
Was anyone found where they shouldn't have been?