Jersey Jurat Candidate Tim Kearsey.

A Jurat is a Lay Judge who sits with Commissioners/Bailiffs/Deputy Bailiffs/Judges in the Royal Court of Jersey. The Jurat's task is to judge on the facts of a case, need no legal training for the post, and are elected by an Electoral College consisting of Lawyers and politicians.

There is a train of thought that the Electoral College is no more than an "Old Boys Network" and the elections are just a formality in that the candidate who the Establishment want elected gets the post. Regular readers will be aware it is VFC's opinion that our "justice" system is politicised and corrupt and is in dire need of "a good clean out." How much of a role is played by Jurats is, as yet, unclear, due to the secretive nature of the election and indeed the candidates.

In what is believed to be a first for Jersey we (Citizens Media) have interviewed a candidate for the post. We are not aware of this ever having been done previously, either by Citizens Media, or the local State Media, and feel privileged to have been granted the interview and able to bring our readers another first and another exclusive.

Candidate Tim Kearsey is a down-to-earth 41 year-old working class man with a social conscience and a desire for reform. He is breaking the mould when it comes to the usual line-up of candidates who tend to be upper middle class (former Victoria College students) and pensioners or not far off pension age. He wants to engage the public with the role and make them aware of what it entails and what a great start he has made by engaging with Citizens Media...........Or any media.

For those who would like to learn more about the role of the Jurat, the Establishment line can be viewed HERE. If you want to learn more about the role, and the Jersey "justice" system in general we recommend readers/viewers take a look at what Sir Geoffrey Nice QC writes about it HERE.

Team Voice wish Candidate Kearsey the best of luck with his election campaign and thank him for taking the time out to engage with Citizens Media. Unfortunately we believe the chances of him being elected, and zero, are about the same. The election is a mere formality and the post has already been decided but nothing ventured nothing gained.

A Guest Posting from Lord Reginald Hamilton Rawley Tooting-Jones III

We are pleased to have our old friend "Lord Reg" back to join us in this special Guest Posting:

"A vacancy for Jurat has arisen and there is a rumour that it will be a contested election - possibly with a candidate being fielded by the loony left. This would be highly irregular as preferred candidates  are normally the domaine of the righteous right. 

Readers will be relieved to know that the law specifically states that women and non-anglicans can hold the esteemed office. Very progressive!

'Qualifications for the office of Jurat

(2) For the avoidance of doubt, it is hereby declared that –


(a) a person, by reason of the fact that the person is not a member of the Established Church, shall not be disqualified for being appointed Jurat;


(b) a woman, by reason of her sex or marriage, shall not be disqualified for being appointed Jurat. '

The full 1948 Royal Court (Jersey) Law can be found HERE. It makes for verY interesting reading.

We wish both (or all candidates) the very best of luck! We will be watching with interest...

Press Release of Deputies Trevor and Shona Pitman.

PRESS RELEASE: DEPUTIES SHONA & TREVOR PITMAN

SUBJECT:  APPLICATION TO APPEAL OUT OF TIME DUE TO JURAT’S CONFLICT   OF INTEREST

DATE:       15^TH JULY 2013 (Embargoed until 11am)

CHALLENGE TO A JUDICIAL SYSTEM NOT-FIT-FOR-PURPOSE

Deputies Shona & Trevor Pitman have today announced that they have lodged an application to Appeal out of Time as Litigants in Person against the decision by the Inferior Number of the Royal Court (a judge and just two local jurats) to dismiss their defamation case against the Jersey Evening Post and 1^st Jersey Limited: the estate agent, Broadlands; this resulting from the infamous ‘4 x the salary, darling!’ advert published in the newspaper.

The Deputies told the media: ‘We have taken this decision in the light of evidence coming to light that the senior Jurat on the case, John Le Breton, had a very serious Conflict of Interest; rendering the Inferior Number incompliant with Article 6 of the European Convention on Human Rights This being that he has an evidenced, longstanding relationship, both social and working, over many years with a director of the Jersey Evening Post’s owners – yet chose not to reveal this nor recuse himself as required.

The grave seriousness of this failing is further highlighted, stated Deputy Shona Pitman, by the fact that, in contrast, both the Bailiff and Deputy Bailiff did recuse themselves from sitting on the case simply because of the public perception of potential bias due to their ‘political relationship’ with the two Deputies as States Members. ‘Under the Conflict of Interest rules both Crown Officers were right to recuse themselves; even though neither one of us has ever socialised with either judge in private; let alone visited either Crown Officer’s home to do so. Jurat Le Breton, however, did both with a director of a defendant company in the case. It is simply unacceptable.’

Yet the above conflict of interest is not the only concern regarding Jurat Le Breton that the Deputies have had brought to their attention by members of the public since the conclusion of their court case. In managing to obtain a copy of the government suppressed 1999 Stephen Sharp Report into horrific child abuse at Victoria College; the Deputies say that it became apparent that Le Breton actually had an evidenced history of refusing to consider evidence in making judgements. This relates to the case against a former friend and teaching colleague, the predatory paedophile Andrew Jervis-Dykes who plied young boys with alcohol on boat trips before sexually abusing them – even videoing abuse..

Deputy Trevor Pitman said: ‘That a man is allowed to be put forward to become a Jurat by a former President of the Education Committee – a States Member and Constable who was actually on the Victoria College Board of Governors at the time of Jervis-Dykes’ appalling abuse – and subsequently allowed to sit by two successive Bailiffs for a period of 14 years is quite horrifying. Let us not forget here, weighing up evidence is the cornerstone of a jurat’s role. Yet John Le Breton not only refused to look at evidence against this paedophile he then made it his business to actually write to authorities in Jervis-Dykes’ defence. This support included arguing that the paedophile had in fact ‘served the College in an outstandingly competent and conscientious way’; and even claiming that if the police did not prosecute there may be ‘no case (for Jervis-Dykes) to answer’!

The Pitmans state that having no money left to further engage a lawyer following a three year long legal battle they have, with the support of a dozen concerned political figures and justice campaigners, instead brought the revelations to every relevant justice authority in an attempt to get what they state is a clear and serious miscarriage of justice rectified.

‘We have written outlining what has come to light since the court case concluded to the Bailiff, the Island’s  Chief Minister, the UK Justice Minister (Lord McNally), and even last month, the Lieutenant-Governor who is the Queen’s representative on the Island. With the exception of Lord McNally – who we were blocked from meeting by the Chief Minister’s Office – we have even met with all of these individuals. All have in effect made excuses as to why they can do nothing no matter what the evidence. Indeed, in the case of UK Justice Minister, Lord McNally he incredibly simply offered to refer us back to the Bailiff – the very individual who allowed this to happen by his failure to ensure that Jurat Le Breton complied with the rules on Conflict of Interest and recused himself.’

‘It is because of all of this,’ concluded Deputy Trevor Pitman, ‘that we are now left with no option but to attempt to challenge this as Litigants in Person. Neither of us are legally trained and the strain of having to now do this – coming as it does after years of fighting for justice and on top of our political work – will be huge. Yet we have no option. To not do so means financial ruin – which is possibly what some involved would like. It is not lost on either of us that as public figures we actually have some degree of a platform to try and challenge this huge injustice – something most ordinary people do not.

Justice simply should not be down to whether one has deep pockets or be dependent upon who an individual is; whether they have ‘rocked the political boat’ or not. Of course, since making public what has gone on behind the scenes in our case we now know that we are far from being alone in suffering such abuse of the justice system.

It is quite clear that a Mistrial should be called in our case as it has not been compliant with Article 6 (the right to a fair trial) of the European Convention on Human Rights. I am learning of more people suffering serious legal abuses on an almost weekly basis. In fighting for justice ourselves we hope we are also giving hope to all others utterly betrayed by a justice system that is meant to protect everyone but which does not. We will endeavour to help anyone else we can. Indeed, we will fight all the way to Strasbourg if necessary until Jersey gets its judicial system in order’. (END)

In the exclusive, and in-depth interview below, we discuss the contents of this latest Press Release, the untenable and conflicted dual role of the unelected, all powerful Bailiff position. Tax-payer funded "secret" court case and more.

The Deputies previous Press Release calling on the UK government to intervene to restore good governance and the rule of law to Jersey can be viewed HERE.

UK Government Are Asked To Intervene.

Two Jersey politicians have released a Press Statement (below) asking for the UK to fulfil its constitutional obligation and restore the Rule of Law and good governance in the Crown Dependency of Jersey.

Below the Press Release is an in-depth, and exclusive, interview with the two politicians, Deputies Shona and Trevor Pitman, who have experienced, first hand, the cost, both financial and emotional, of attempting to obtain justice in Jersey.

PRESS RELEASE:

Jersey Corruption: UK Government fails constitutional obligations

on ‘good governance’

Two Members of Jersey’s Parliament have today called for the UK government – which has overall responsibility to ensure ‘good governance’ in the Channel Islands - to urgently investigate what they describe as the ‘spiralling evidence of the wide-spread breakdown of law within the island’s justice system.’

Child Abuse Scandal

The Deputies say that ‘justice in the island’ (which came under the global spotlight with the unfolding of the ‘institutional’ child abuse scandal in 2008) ‘is being betrayed by a mixture of top level incompetence, corruption and intimidation. Much of this being a direct reaction from those in the island’s Establishment desperate to bury any dissenting opposition to getting to the truth about decades of child abuse cover-ups.’

‘Far from ensuring justice for the people of Jersey our Law Office has become the tool of choice for the clique at the apex of power to try to silence and, if necessary, drive from office or ruin those who dare challenge the established order; or persist in fighting the cause of the ever-growing number of people coming forward to complain of corruption; whether relating to child abuse or abuse of the legal process.’

This has already seen the former Chief of Police (the initiating officer of the child abuse investigations), Mr. Graham Power QPM forced from office by an illegal suspension that failed to result in any disciplinary charges. It has also seen a former Health Minister, at the centre of revelations about the abuse, ousted; and currently being silenced by a blatant misuse of the Data Protection Law within ‘top secret’ Royal Court hearings – all being paid for out of the tax coffers. Files and records relating to children abused within the Jersey care system have conveniently ‘gone missing’ from within both the Police system and government departments. Evidenced cases against abusers have inexplicably not been pursued by the island’s Law Office.

Banning of US Journalist

This manipulation of justice has even seen the contrived banning of a respected US journalist, Leah McGrath Goodman, from the island once it became apparent she was researching child abuse cover-ups and the island links to Jimmy Savile. A ban only lifted following the intervention of UK MP John Hemming and an international petition campaign initiated by Deputy Trevor Pitman himself. Trevor Pitman states that along with two other political ‘backbench’ colleagues the number of complaints alleging corruption received from members of the public has reached deeply disturbing proportions in recent months.

Legal System - Corruption

These complaints have included alleged tampering with court transcripts; destruction of and refusal to look at evidence; inconsistency in sentencing; and even perjury and collusion between lawyers. The recently leaked "BARTON REPORT" of a disciplinary hearing involving police at the centre of the illegal bugging allegations in the ‘Drug Baron’ Curtis Warren case even revealed claims of falsified and unsigned statements being presented instead of original documents.

Yet the Deputies say the cold, hard evidence of the justice system being in desperate need of external investigation; and the depth of the obstacles facing victims of the cover-ups was only brought home to them after they pursued the island’s only, and hugely influential, pro-establishment newspaper, the Jersey Evening Post to court for defamation along with one of its millionaire clients. The newspaper and its estate agent client Broadlands had mocked the couple after Trevor Pitman’s election, falsely claiming they had increased their salary four-fold by entering politics when in reality they had taken a drop in income of thousands.

Jurat Supports Paedophile in Previous Job as Vice-Principle

‘It was shocking enough given the evidence that we then found ourselves losing the case,’ say the Deputies; ‘we subsequently then discovered that the Senior Jurat (lay judge) John Le Breton had been allowed by the Bailiff’s Office to sit in judgement of the case even though he was a personal friend of the newspaper’s longest-serving Director; the two regularly socialising together and even going to dinner at each other’s home. All of this being evidenced’.

An even bigger shock for the Deputies was the subsequent leaking of a government suppressed report (the 1999 Sharp Report) into another horrific child abuse scandal at the island’s Victoria College (an exclusive ‘fee-paying’ secondary school).  The report revealed that John Le Breton, as Vice Principle had refused to look at evidence against a friend and colleague, the predatory paedophile, Andrew Jervis-Dykes. 

He instead wrote in support of him claiming amongst other things that: Jervis-Dykes had served the College in an ‘outstandingly competent and conscientious way’; that unless police decided to prosecute, the abuse would be seen as ‘an unsubstantiated allegation’. Le Breton even appealed for the paedophile to be allowed to stay on at the school and if he had to resign be allowed to do so with ‘some dignity’. Incredibly Le Breton was put forward for the Jurat role by a politician who was both on the College’s Board of Governors at the time and a former president of the government’s Education Committee!’

The Deputies add, ‘when you bring this to the attention of the Chief Minister, Bailiff (Head of Judiciary and Legislature) and Deputy Bailiff, where both Crown Officers just happen to also be friends of the Jurat in question - you are told: ‘if you don’t like it – appeal’.  The Crown Officers know full well, that the above information not only came to light after our case and has implications far beyond this alone; but that it would necessitate at least another £30,000: monies that most ordinary people do not have.

Jurat Le Breton was allowed to sit by two successive Bailiff’s for a period of 14 years – including sitting on some child abuse cases until retiring just after the Pitman’s’ case. ‘This demonstrates just how unfit for purpose Jersey’s system of election and monitoring of Jurats is’, says Deputy Shona Pitman, adding ‘how in the 21^st Century can Jurats be elected in secret by only politicians and lawyers – many of whom will regularly be friends of those proposed?’

UK Justice Minister fails obligations of good governance

Yet even with the backing of around a dozen equally appalled fellow politicians and prominent justice campaigners, the Deputies say that the injustice they have been dealt is as yet failing to be adequately dealt with as it should by the UK justice Ministry. ‘The evidence in our case is overwhelming,’ say the Deputies, ‘just as it is in many other cases. Yet even when presented with all of the details (as outlined above) and letters of support from other concerned public figures, the excuse from Lord McNally has been that as “Jersey has its own justice system we can’t really interfere’’ (see enclosed correspondence).

‘Most absurd of all perhaps’, add the Deputies, ‘is that ‘the Justice Minister instead offers to ‘forward our concerns’ to the Bailiff – the very individual who has allowed all of this to happen! What this shows is the deeply troubling attitude to justice from those holding power within the justice system here and the UK Minister responsible for ‘good governance’ in a small and apparently ‘insignificant’ jurisdiction’.

‘At the bottom line’, conclude the Deputies, ‘if these failings are allowed to continue, if successive Bailiffs and other Crown Officers can allow an individual who refused to look at evidence against a predatory paedophile yet supported him – to sit as a Jurat for 14 years; including on subsequent cases of abuse what hope, we ask, have the victims of Jimmy Savile and the Haut de la Garenne child abuse scandal of getting justice here? What hope has any ordinary citizen who rocks the Establishment boat? The answer must be a resounding none. It is time the UK government stepped up to the plate and fulfilled its obligations. Should they not do so then it can only be concluded that Westminster must be complicit in all of this.’ Full story: www.thebaldtruthjerseyblogspot.com

For further information contact: Deputy Trevor Pitman 07797 824243/ (01534) 863436

                                                        Deputy Shona Pitman 07797 778561(END)

This Press Statement has been issued to the island's State Media and Bloggers (Jersey's only independent media) It remains to be seen what, if any coverage or investigation, it receives other than that  from the independent Bloggers.