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Chief Justice jails ‘monstrous’ serial child sex abuser for 39 years

Graham Southwell outside court during his trial last year. Photo by Johnny Bugeja

A serial child sex abuser who carried out premediated assaults and rapes on young children was on Tuesday jailed for 39 years by the Supreme Court.

Graham Southwell, 63, of Varyl Begg Estate, was convicted on 19 counts of child sexual abuse, including rape, sexual assault, and sexual activity after a month-long jury trial which concluded last October.

Jurors found Southwell had sexually abused five children - Master X, Miss X, Master Y, Miss Y, and Miss Z - on separate incidents spanning almost 30 years in various locations across Gibraltar.

Months later, in what Chief Justice Anthony Dudley described as one of the most complex sentencing exercises in his career, the matter was finally closed.

In two separate sittings on Tuesday, the court heard about the devastation, pain, trauma and shame Southwell had inflicted on both the victims and their families.

Four personal statements prepared by victims were read out to the court by Prosecutor Johann Fernandez.

Each statement detailed the profound impact the abuse had on the victims, which they have carried throughout their lives.

Master X, whose case related to 13 of the charges including rape, had written about the deep emotional scars left in the wake of the eight years of assaults he suffered.

“[Southwell] took more than just my childhood innocence,” Master X’s statement said.

He described the psychological effects this has had on him and the impact on his entire family, adding he was haunted by Southwell who he had trusted.

Master X said he felt like a “shadow of a person”, had struggled with his self-worth, had trust issues, and that Southwell’s actions had “destroyed countless lives”.

“I stand here as a broken boy and as a survivor,” Master X said.

Southwell had sustained a campaign of abuse over years, during which he attacked children across his various professions and even charity volunteer work.

He preyed on children, entrusted himself into their families, and premeditated the assaults by luring children into various local homes when working as a handy man.

Master Y wrote about his anxiety and depression after one of these encounters, adding he had tried to transform his pain into a source of strength and purpose.

Miss Y said she had been “locked in a mental prison for years” following the child sexual abuse.

“Time does not heal, I’ve just learned how to cope,” she said.

She called it a painful and isolating experience, describing Southwell as a “wicked and treacherous” man.

“He sickens me,” she wrote.

“Even hearing his name makes my skin crawl.”

Miss Z said she has suffered PTSD since the assault and wakes up from nightmares most nights.

“I can’t close my eyes without going back to that day,” Miss Z said.

Southwell’s lawyer, Robert Fischel, KC, submitted guidelines on sentencing and highlighted his client’s ill health.

When reviewing case law, Mr Fischel told the court that there “doesn’t appear to be a case in this jurisdiction that appears to be as serious as this”.

He then pointed to UK case law and added that historical sexual offences are notoriously difficult due to the significantly harsher sentences today compared to when the offences were committed.

Mr Justice Dudley called Southwell’s actions a “horrendous course of conduct”, to which his lawyer Mr Fischel concurred.

“It is not an easy case to defend,” Mr Fischel said.

In sentencing, Mr Justice Dudley described Southwell as “a sexual predator” who had inflicted “a horrendous level of abuse”.

“If ever there was a campaign of sex abuse and rape this must be it,” the Chief Justice said.

He said a victim’s description of Southwell as a “wolf in sheep’s clothing” was absolutely right.

Mr Justice Dudley said he admired the five victims’ “resilience and courage” and noted that although the sentence “cannot undo the great harm, it will bring an element of closure”.

He also told the court that his sentencing powers were limited due to the some of the offences having taken place under the old law.

The Chief Justice added that Southwell’s mitigation extends to his ill health as he has vascular issues and is at risk of losing his leg.

The public gallery in the Supreme Court was packed with people waiting to hear the Chief Justice deliver the sentence, including some of the victims and their family and friends.

There were tears in the gallery as, charge by charge, the sentences were handed down.

Southwell stared straight ahead.

The Chief Justice said the total sentence was 39 years, of which Southwell is to serve no less than half before he is eligible for parole.

By that point, “[Southwell] will be at least 82 years old and not pose any danger,” Mr Justice Dudley said.

According to the Gibraltar Courts Service, this is “certainly” the longest determinate sentence - meaning a sentence of a fixed length - imposed “in recent history”, other than cases where life sentences were handed down.

The Commissioner of the Royal Gibraltar Police, Richard Ullger, commented on the sentence on Tuesday afternoon.

He said he hoped it sent a clear message that RGP officers will relentlessly pursue justice and prosecute those who sexually assault children, whenever that abuse took place.

“Our thanks go out to everyone who was involved in supporting this extremely complex, protracted and sensitive investigation,” he said.

“Most importantly, we want to thank the victims in this case, who have shown such tremendous courage in reporting these heinous crimes and for their trust in the RGP to bring Southwell to justice.”

“Our Safeguarding Team have worked hard to collect evidence and it is an example of the unseen policing that many of our specialised teams do.”

Detective Sergeant Jo Ullger, who heads the RGP’s Safeguarding Team, added that she commends the victims for their bravery in coming forward and supporting the investigation.

“I hope this sentence will bring them some closure and help them to move on with their lives,” she said.

“As this case shows, we treat all reports of non-recent sexual offences seriously and any allegations will be thoroughly investigated.”

“This case has taken an emotional toll on our Safeguarding Team and we are pleased with today’s sentence.”

Anyone who has been a victim of sexual abuse – no matter how long ago – is urged to report it to the RGP by calling 200 72500 or reporting it on the RGP website: www.police.gi/report/crime

Mr Fernandez was assisted by Cecile Gomez.

Mr Fischel was assisted by Isabella Lombard.

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