Court rules taxi driver falsely accused of rape can receive compensation
in legal first
By Luke Salkeld
Last updated at 5:41 PM on 20th May 2009
A taxi driver falsely accused of rape could receive up to £100,000 when
he becomes the first victim of a malicious allegation to receive
criminal injuries compensation.
Clive Bishop, 49, says his life was ruined after a drunken 17-year-old
passenger claimed he raped her while driving her home.
Kirsty Palmer later admitted she made up the allegations and was jailed
for ten months for perverting the course of justice.
But Mr Bishop says her false accusation led to the collapse of his
business as he was forced to spend months living under a cloud of 'slurs
and lies'.
He was then twice refused a payout from the Criminal Injuries
Compensation Authority (CICA) - because he had not received any physical
injuries.
But that ruling has now been successfully overturned.
The landmark decision is the first time the authority has agreed to
compensate for the mental trauma of a false criminal accusation.
It is not yet known exactly how much he will be paid, but his lawyers
estimate it could be as much as £100,000.
Mr Bishop, who has been a foster parent to ten children with his wife
Sue, was arrested a few hours after he dropped Palmer, a mother-of-two,
at her house two years ago.
Months later, she confessed that she drunkenly lied to a neighbour that
she had been raped, which led to the police arriving at Mr Bishop's
house at 4.30am where he was arrested in front of his wife.
Mr Bishop said: 'I kept trying to explain to the police that it was
nonsense.
'But I kept being told to shut up. I was in shock but convinced that
they'd realise I hadn't done anything and let me go.'
Mr Bishop was questioned for 12 hours before being subjected to
'humiliating' intimate forensic examinations and then bailed.
His taxi was also seized for forensic examination and he was under
police scrutiny for a further three months.
Ostracised by his local community, Mr Bishop says he tried to return to
driving his taxi, but found himself unable to find work after the
allegation was made.
But he was twice refused compensation for the devastation caused by
Palmer - because he not received any physical injuries.
Last week however. the CICA finally agreed to award him compensation at
a closed hearing in Taunton.
He will now undergo a psychological evaluation to determine the amount
he will be eligible to receive before officially applying for
compensation later this year.
The amount he gets will depend on the psychological damage he suffered
from the incident as well as his lost earnings.
Mr Bishop, from Walton, Somerset, said: 'It's been such a difficult time
for me and my wife. They claim you are innocent until proven guilty but
in reality that is not the case.
'People always assume the worst and we had to live with three months of
slurs and lies about my character.
'That is why this ruling is so important to me - I could not ever drive
a taxi again so this decision will make a huge difference to my life.
I'm just so very happy and relieved.'
He added: 'I've been to hell and back since the claim was made but now I
am finally able to put the whole thing behind me and start my life
again.
His lawyer Russell Pearce added: 'This is without doubt the right
result.
'It is the first time that a person who has been falsely accused of
committing a crime has allowed to claim compensation from the Criminal
Injury Compensation Authority.
'It is a landmark case - especially for all those who have suffered the
extensive trauma that a false allegation can bring.
'This now means that in the future other people will be able to make an
application, which is very important.'
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