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09/09/01 - Reply to SHAUN ARMSTRONG v Bernard O'Mahoney

Bernard O'Mahoney

September 09th 2001

Re SHAUN ARMSTRONG v Bernard O'Mahoney
LV1 90276 Chancery Division

Dear Sir,
I am concerned the Claimant may succeed in this action by default, i.e. I do not respond in the correct manner by the end of the 14 day period. As you can see from the form I have returned, the claimants solicitor forgot to enclose the leaflet which explains how to complete the form I wish to now 'set out' my argument in the hope it clarifies my position for all parties.

Re Particulars of claim from defendant;

1. Is admitted.

2. Is admitted.

3. Is admitted. This was part of an investigation which was being conducted by the News of the world and myself into the death of 3 year old Rosie Palmer who was sexually abused and murdered.

4. Is admitted.

5. Is denied. The Claimant talked about not only his life but his plan to commit perjury by lying about his mental state and the fact he was guilty of murdering Rosie Palmer when it was his intention to plead Not Guilty. I understand there can be no confidence in iniquity. The following are extracts from a telephone conversation with and letters from the Claimant:

a) Reporter, "So what are you going to plead ?" Armstrong, "Well I don't know that, you see, they haven't got a case against us yet. The only thing their going to build the case on is forensic evidence if they can get any. I've been in here seven months and they haven't got a damn bit of evidence yet."

b) Armstrong, "My Counsel is trying to get me a plea of guilty with diminished responsibility. The reason (for the murder sic) was not mental, it was due to the fact that I had drank for two days solid, partying for my birthday, at different peoples houses and pubs and clubs. I cannot remember going home or the crime. My Counsel are preparing psychiatric reports that I was not responsible for my actions at the time and that I had a temporary breakdown. They are trying to extend the reasons for my breakdown so I have to do less time, a hell of a lot less. So I have given them full reign to do and say whatever the hell they have to - to get me off with as little time as possible."

c) Armstrong, "Would you prefer me to go to Court and plead guilty? That way there would be no extenuating circumstances and I'd get life with a recomendation of 25 to 30 years. That, my love, is exactly what would happen if I were to go there without a story of how drunk, how ill and down I had been. Even the fact that I had been on my own totally for three years, without even a damn date, and that it was my birthday, all go towards cutting the amount of time I will do."

d) Armstrong, "They haven't got a cat in hells chance of a guilty plea to murder. But please Laurna, don't tell anyone, or else I'm in deep shit ok? God knows that I'm not insane, but if I could get away with it I'd jump at the chance."

e) Armstrong, "Yes, I have told you the truth about what I have done, of this there is no doubt, as to why I did it, my excuse to you, was and is, that it was my birthday, I had been drinking for two days solid and I just snapped."

f) Armstrong, "Yes love, I am responsible for the crime I am accused of both physically and mentally I am as fit as a fiddle. I had hoped that you already understood that, however, I don't know what I am going to plead yet, what my Counsel is trying to do is to get me a plea of guilty with diminished responsibility"

6. Is admitted.

6.1 Is admitted.

6.1 Is admitted.

6 2. Is admitted. The book is not solely about this case, it looks at three or four paedophile murders. The subject is of great concern to many. This was highlighted by the vigilante attacks last summer on paedophiles homes following the murder of Sarah Payne and the sex register disputes. I had hoped Armstrong would reflect on his crime, show remorse and add some useful imput which may help others who may have such tendencies.

7. a) Is denied. There can be no confidence in iniquity, particulary when it involves the sexual abuse and murder of a child. I am morally and legally obliged to disclose all such information to the police which is what I did. Armstrong, when confronted with the evidence of his letters, pleaded guilty and did not oppose or Appeal against their use. b) Is denied. The Claimant forfeited his "right to respect for his private and family life" when he chose to sexually abuse and murder three year old Rosie Palmer. The subject matter was published in most, if not all National Newspapers at the time of his trial and is therefore, already in the public domain. It was the Claimants actions and the Claimants actions alone, which propelled him into the media spotlight, I cannot conceivably be held responsible for that.

8. Is denied. There can be no financial benefit for the Claimant as he is legally aided and if he were successful, his fees would be recovered by the Legal Aid services for costs incurred. Further, it would be immoral to permit him to gain from letters which are a clear indication of his attempts to pervert the course of justice, (commit perjury) and his willingness to put the victims family through the misery of a trial which gives an indication into his true feelings about the crime and his complete lack of remorse. I will not profit or even pay my costs out of any revenue from the book as I have agreed to donate every single penny from it to a childrens charity in the North East where Rosie Palmer and another victim, Paul Pearson lived. Therefore, the Claimant couldn't claim from 'my profits' as indicated in his writ.

9. Is denied because of my denial of claim 8.

Part 1.
There can be no confidence in iniquity.

Part 2.
The information is not confidential as there can be no confidence in iniquity, the information is already in the public domain. The letters are evidence in a murder case and the defendant is not entitled to them.

Part 3.
I cannot comment on the sum the claimant says he should be awarded but I would if he could explain how he arrives at that figure. I belive that the facts stated in this response to the Claimants particulars of claim are true.

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