Jersey Child Abuse Committee of Inquiry (Submission of VFC).

In December 2015 the Jersey Child Abuse Inquiry invited
members of the public to make submissions under phase 3 of its work. The Inquiry had set three questions, each of which had a 500
word response/answer limit.

VFC, as readers would expect, made a submission (below) and attempted to answer the questions which did prove a little taxing as they reinforced the realisation that the ordinary folk of Jersey have no realistic chance of cleaning up the rot that has set in. We don't elect the people who run the island (the judiciary/Crown Appointees/Law Offices). We can't hold any of them to account and, as we don't have a Party Political System, we can't change our government.

Although the MSM get a bit of a kicking in the submission it must be said that the JEP has turned itself around in recent times under the new Editor Andy Sibcy. It's reporting of the Child Abuse Committee of Inquiry has been, for the most part, fair, accurate and challenging. The JEP has (rightly) come in for a lot of criticism on this Blog for its past atrocious reporting during Operation Rectangle and related issues but credit has to be given where it is due. Not least for this excellent editorial exposing disgraced former Home Affairs Minister Andrew Lewis.

News items are now being published in the JEP that would never have seen the light of day under its previous Editor/Deputy Editor. Probably one of the most telling points that the JEP is starting to get things right is that I've never heard so many members of "The Establishment Party" attack it so much. Back in 2007, 2008, 2009, 2010 The Establishment wouldn't have a bad word said about the paper. Sibcy is making his own mark on the paper, and so far, as far as VFC is concerned, it is for the better. That's not to say that I agree with everything it prints (or doesn't) it just means that credit should be (and is) given where it is due.

BBC Radio Jersey has also made an attempt to distance itself from its sordid and ghastly past reporting during the Rectangle era. Its reporting of the COI has also, for the most part, been fair, accurate and challenging. Items are being broadcast, challenging the likes of the Bailhache Brothers, and the Establishment Party, again that would never have seen the light of day under its previous Editor. 

ITV/CTV remains under the same management.

So back to VFC's submission to the COI.

"For Jersey to deliver a high quality system of care for children that would set an example to the world:

What would be required?

It could be argued that Jersey has had adequate Child Care policies/provisions and legislation in place all through the decades of horrific treatment, abuse and paedophilia, inflicted on children in the care of the States Of Jersey.

The problem is that those who rule Jersey are unelected and unaccountable. A recent Jersey Evening Post article published a “Christmas Message” from four of our leaders they were: The Dean (Bob Key) unelected, unaccountable who has a seat, and is able to speak/sway votes in our parliament. The Bailiff (William Bailhache) who is Chief Judge, unelected unaccountable, Crown Appointee, Civic Head and unelected speaker of our parliament. The Lieutenant Governor Unelected, unaccountable Crown Appointee who sits in the Island’s parliament and is (as far as I understand his role) supposed to be the eyes and ears for The Crown and ensure good governance and the rule of law in Jersey/Crown Dependencies. Despite being shown/made aware of alleged judicial/political corruption at the highest level he has turned a blind eye, he has, and is, failing in this duty and has no accountability. The Chief Minister (Ian Gorst) the only elected, accountable (at the ballot box) “leader” out of the four leaders.

Some kind of outside (or even inside) accountability would be required in order to make the islands’ children safer. The Inquiry has seen, and heard, evidence from a number of witnesses who have explained that those who are in a position to hold perpetrators to account ignore policy/legislation and instead of dealing with the perpetrator in the correct fashion, more often than not, will be friends with the perpetrator, and in order to avoid any bad publicity or uncomfortable situations will either turn a blind eye, or merely move the perpetrator sideways rather than sack them or report them to the police.

What would be required is for the Jersey authorities to abandon “The Jersey Way” and face up to its sordid and ghastly past and set about cleaning up the politicised and corrupt judicial system. Authorities need to start putting the people/children of Jersey before the reputation of Jersey.

What would need to change?

Jersey needs an independent prosecution service as in the UK. Too much power is given to the (politicised/conflicted) Attorney General who, as the Inquiry has seen/heard, evidence of, has many questions to answer as to which cases are/aren’t prosecuted in the courts. There needs to be affordable legal representation for victims of crime and the Jersey Government/Law Offices’ Department. An ability to bring private prosecutions against those cases the AG refuses to prosecute. As things stand the AG’s decision NOT to prosecute CANNOT be appealed, he has the final say and cannot be held to account for his decision. Jersey needs regular outside INDEPENDENT scrutiny for all its departments and in particular the judiciary. For instance, according to the Home Affairs Minister, the Jersey police force has had NO outside scrutiny/review for SEVEN YEARS. The Inquiry will be aware that (pre-Harper and Power) the Force was accused of complicity in the cover-up of Paedophilia and other such crimes. If the force (or any other public authority) is not regularly, and independently, scrutinized there is potential, and strong possibility/probability that the rot and corruption that Jersey is so infamous for will (if it’s possible) only get worse and send us back to how this all started in the first place.

There needs to be a separation between the legislator and the judiciary. This has been recommended in a number of reviews/reports including Clothier and Carswell. The parliament needs to have an elected/accountable speaker who does not have a conflict of interest.

Jersey needs to be cleaned up but who can clean it up is the sticking point. Constitutionally the UK (as mentioned above) has responsibility for the rule of law and good governance in all Crown Dependencies including Jersey. The UK exercised this power not so long ago when it stepped in at the Turks & Caicos Islands but is abdicating its duty when it comes to Jersey. My personal view is that the current UK government is probably as corrupt as our judiciary (the real power in Jersey) and the Island, or its children, would be no better off if it was to attempt to restore good governance and the rule of law.

There needs to be a cleaned up judicial system that protects whistle-blowers and doesn’t subject them to secret Kangaroo Courts for speaking up for victims of alleged horrible crimes. A judicial system that won’t force gagging orders on those who try to protect their children. A judicial system that will make a criminal out of those who harm our children and not those who try to protect them.

Jersey would benefit from “Mandatory Reporting” which I believe is being considered in the UK. This would make it a criminal offence to turn a blind eye to Child Abuse and will act as a deterrent to those wishing to cover it up and will be a protection/safeguard for children. That said we’d still need a non-corrupt/politicised judiciary.

What part could you play?

The people of Jersey are powerless to play any part of changing the system. We cannot change our government because we don’t have a party political system. We can’t vote out the Attorney General/The Law Offices’ Department or the lieutenant Governor because NONE of them are elected or have any kind of accountability. We have a mainstream media who question nothing and see it as their job just to copy and paste government Press Releases. It has buried damming evidence and alleged corruption of the authorities for years.

The only part that can be played by ordinary citizens is to try and put some kind of pressure on those in charge by reporting their failings on Social Media. Realistically there is nothing that can be done to rid this island of the rot and that is a sad, and frightening, reality because it means children are no safer now (nor will they ever be) than they were in the 40’s/50’s/60’s/70’s/80’s/90’s/noughties."(END)

So we ask readers; what is the answer, how can Jersey be cleaned up? We know what's wrong with the island but we want to know how can it be put right? How do we get out of the problem and into the solution? Can the Child Abuse Committee of Inquiry deliver a report that is capable of cleaning Jersey up? Can it give us a fit for purpose non corrupt/non politicised judicial system? Is that in its remit? How can children/whistle-blowers/VictimsSurvivors and ordinary members of the public be protected against the corruption of this island?

Did you make a submission to the COI? Do you want it published on this Blog? Why not make a submission answering the three questions for publication on here? The COI is no longer accepting submissions so we'd like to hear some of your solutions in cleaning up Jersey and protecting children who, as things stand, are no safer today than they ever were.