A paedophile who was convicted at two separate trials of abusing children in residential care has told an inquiry that Sir Keir Starmer had created a situation where anyone accused of historic abuse was “damned”.
The Scottish Child Abuse Inquiry is investigating abuse in residential settings including boarding schools, religious establishments and foster care.
The current phase of the inquiry is examining the provision of residential care in establishments for children and young people with long-term healthcare needs, additional support needs, and disabilities.
Brian Dailey, 78, was convicted in 2017 and also 2022 of a total of 21 charges, of which 16 were sex offences, spanning 1969 to 1984.
Seven of the complainants had been pupils at Woodfield Ladymary in Edinburgh where he was a houseparent.
In 2017 he was jailed for 10 years and in 2022 he was sentenced to 15 years at the High Court in Glasgow, which was later reduced to 12 years.
Dailey appeared at the inquiry by videolink on Tuesday and said “children do tell lies”, insisting he will protest his innocence until he dies.
He also told the inquiry: “I’ve never raped anyone.”
Dailey criticised the Prime Minister and said: “Keir Starmer, when director of public prosecutions, said any child had to be believed. Children, believe it or not, do lie.”
Justice is devolved in Scotland and Sir Keir covered England and Wales in his former role as head of the Crown Prosecution Service.
Inquiry chairwoman Lady Smith said: “You have convictions for offences against 13 complainers from four different institutions over 15 years, are you suggesting they got together to make it up?”
Dailey said: “I’m not suggesting anything, children tell lies, if adults keep believing these lies the children can get more and more drawn into the lie and find themselves totally abandoned with nothing else to do but continue this lie.”
Lady Smith said: “Are you suggesting that if children have been abused they shouldn’t come forward?”
Dailey said: “That is a complete fabrication. There was a time when responsible adults didn’t just believe what children said.
“I have every sympathy for children who have been abused but they should be treated properly. There are some of us who are innocent but they get caught up.
“As soon as they hear the word ‘historic abuse’ they say ‘he is guilty’, he is damned from the word go, everything he says is taken as rubbish.”
The UK Government did not wish to comment.
Counsel inquiry Ruth Innes KC read from Dailey’s statement, which said: “I never abused a single soul.”
Dailey said: “That’s my position, it always has been and it will be until the day I die.”
Earlier on Tuesday, the inquiry heard from a teacher who was acquitted of abusing children and who claimed many allegations were made due to people hoping for compensation.
The man, who was referred to using the pseudonym Harry after he was acquitted at a trial at the High Court in Edinburgh, said he was unaware of abuse occurring when he worked at Starley Hall School, a residential school in Fife, but believed now that it must have gone on.
Giving evidence, he said he recalled a school worker telling him he had been charged with abuse and did not know the outcome.
However he told the inquiry he believed police had “coached youngsters” to make allegations, after he was charged in 2022, but later cleared.
Harry said: “It seemed they were told ‘if you have been abused you can claim compensation’.”
A Police Scotland spokesperson said: “All reports of sexual abuse will be thoroughly investigated by Police Scotland irrespective of when a crime took place.
“Victims will be fully supported by specially trained officers and partner agencies throughout.
“We are very aware of how difficult it can be to report being a victim of child abuse. We will listen, we will investigate.
“Police Scotland is fully supportive of, and engaged with, the Scottish Child Abuse Inquiry.”
The inquiry continues.
