Rape confession 'concealed'

Christine Grahame: "Disturbing information"

Social workers had a written confession that a man raped a woman with learning difficulties - at least two years before he was convicted of sexually abusing her, according to an MSP.

Christine Grahame said that Scottish Borders Council was in possession of the admission by James Mercer, who was the woman's carer, but failed to act on the information.

But the council's chief executive has denied that anything has been concealed from social work inspectors.

Mercer, 35, Ross Douglas, 26, and Alexander Maben, 39, were jailed for a total of 24 years in August 2002, after being found guilty of torturing and sexually abusing Miss X over several months in the early part of the year.

Case history 1990: Mercer charged with raping woman. Case does not come to court November 2001: Woman lives with Mercer after her mother's death February 2002: Woman's injuries discovered August 2002: Mercer, Maben, Douglas jailed October 2002: "Failings" found in council's lifelong care dept June 2003: Council action plan approved

The woman had gone to live with Mercer, who has been described as borderline mentally handicapped, in his Newtown St Boswells flat after her mother died in November 2001.

Her suffering during drunken binges only came to light after the three men spent hours abusing her one night in February 2002 and she was seen the following day by a friend.

She was taken to hospital where she was found to have 71 separate injuries of various ages.

The men's trial heard that Mercer had been charged with raping the woman 13 years previously. The case did not reach the courts.

Ms Grahame said the rape admission had been made by a source with direct knowledge of the case but who wanted to remain anonymous.

'Fathered child'

"This disturbing information was passed to me yesterday by a source who also told me that the council's social work department will still be in possession of this confession," she said.

"According to the source, the child protection unit within the council has concealed this information which relates to Mercer and his relationships with Miss X and Miss Y.

"The source claims that Miss Y had a child to Mercer some time in 1999, which within 40 minutes of birth, was removed and has now been adopted.

Mercer, Maben and Douglas tortured and abused Miss X

"This drastic action was taken because of serious concerns for the child's welfare, including the existence of a signed confession by Mercer that he had raped Miss X.

"Obviously this information raises extremely serious issues including the fact that Miss X was allowed to stay with Mercer despite the alleged existence of an admission of rape."

Earlier this year, Ms Grahame was given a report compiled by 10 of the council's social workers who accused managers of ruling by intimidation.

They said that despite several reviews, other vulnerable adults could be at risk because the lessons of the Miss X case had not been learned.

Chief executive's statement

The council's chief executive, David Hume, said on Tuesday: "I received a letter and a news release from Christine Grahame MSP late this afternoon.

"The allegations she makes are of a very serious nature and I will be passing her letter to Lothian and Borders Police and the Social Work Services Inspectorate for them to consider and act on as appropriate.

"I have also asked for a response to these allegations from the director of lifelong care and the head of the interagency child protection unit.

"The council does not believe that any information concerning this case has been concealed.

"All the information held by the council concerning this case, including all the case files, has already been made available to the Mental Welfare Commission for Scotland and the Social Work Services Inspectorate."

Ms Grahame has also called for a judicial inquiry into the operation of the council's social work department.