Thursday, 16 January 2014

Submission To Ministry of Justice Select Committee (Part 1).


On the 8th of July 2013 I made a submission to the Ministry of Justice Select Committee as did others to include Deputy Mike Higgins which was published HERE and former Deputy Trevor Pitman which was published HERE. The then Deputy Pitman's submission would only get to see the light of day on his own Blog as with mine it was not accepted by the Select Committee or published on its website.

The three submissions, taken together, provide ample evidence of a BREAKDOWN IN THE RULE OF LAW and good governance in the Crown Dependency of Jersey yet the UK government continue to fail in its obligation to intervene.

The UK Justice Select Committee's Report has now been published (minus a number of submissions and redacted submissions) which can be viewed HERE. Needless to say everything is pretty rosy in Jersey according to the Report.

Here is my submission.

To Ministry of Justice Select Committee on Crown Dependencies developments since 2010.

Following the Committee’s recent visit to Jersey I am motivated to make this submission being very disappointed that the Committee Members have not met with the general public and the Committee chose to meet with government officials almost exclusively.

There is a great deal of discontent on the island that the Committee will only be aware of by meeting with members of the public, especially since there is so little public awareness of the Committee’s task or Terms of Reference.

Most importantly my strongly held view is that there should be MORE intervention and supervision of Jersey Government and administration by outside bodies such as the Privy Council. This especially applies to the administration of justice, the legal system and the lack of impartial tribunals in Jersey.

There are many specific individual cases such as, what many see as the “illegal” suspension of the former Chief Police Officer, Graham Power QPM who’s force was investigating the Haut de la Garenne Child Abuse atrocities. Mr. Power’s suspension has, by the evidence been shown as a political coup in order to discredit him and his Deputy Chief Officer, Lenny Harper, to cover up the atrocities of paedophilia/Child Abuse that were able to go un challenged for decades on this island.

Subsequent to the alleged illegal suspension of Mr. Power, former Health Minister and Senator Stuart Syvret, (opposition politician) has been persecuted over the years for trying to address child protection failures of the State. His injustice, and persecution, continues to this day. This includes “secret” court cases.

Currently Deputies Trevor and Shona Pitman (opposition politicians) face financial ruin as a result of a court case in which the alleged conflicts of a Jurat were not revealed. The same Jurat’s deficiencies were referred to in “The Sharp Report” on Sex abuse at Victoria College where he sought to protect the dignity of a paedophile and refused to look at evidence against the said paedophile, a senior teacher at the college, where the Jurat was also employed.

I have cited, only three instances here to indicate that injustice occurs at senior levels in Jersey’s administration, but I must stress that there are many more instances at all levels in Jersey society where justice is denied. The reasons are many, and include, conflict of interest by those in authority, especially the Crown Officers, obscurity of the laws, lack of adequate legal and political representation.

The Jersey government has embarked on a programme to achieve greater independence from the UK government and UK institutions. This might suit the narrow interest of a few but will definitely NOT be in the interest of the majority of Jersey residents.

Over the centuries islanders have taken their grievances to such bodies as the Privy Council and this facility must be preserved and enhanced. The reliance on the Jersey institutions has proved to be inadequate.

In my view substantial reforms are needed so that the Jersey public have an easier, and more direct access to bodies, such as the Privy Council, and that much clearer guidelines be established to set the parameters for UK supervision and oversight. The Select Committee might not be the body, but there should be established an outside agency more willing to review individual cases that are often termed as “internal matters”

Regarding more general reforms the UK Government should accept, more readily, its responsibility for the good governance of the Crown Dependencies. In Jersey, reforms such as, separation of the Bailiff’s powers, more clearly defined appointment and supervision of all Crown Officers, modernisation of the legal system, abolition of Jurats, removing the monopoly of Jersey lawyers, creation of an adequate Legal Aid system, greater accessibility to independent tribunals and the establishment of a truly democratic States Assembly are all urgently needed. Such reforms seem to be beyond the ability, or outside the current constitutional limits of the prevailing Jersey administration. They will ONLY be achieved following outside intervention.

It is my, strongly held view that the UK is failing in its obligation to ensure good governance and the rule of law in Jersey. Indeed I would go as far as to say the UK is turning a blind eye to, what looks to be political and judicial corruption. The UK has shown it has the power to intervene as it has in Sark and the Turks and Caicos Islands.

08/07/13(END)

In Part Two I will publish the subsequent e-mail exchange between myself and the Select Committee Clerk who didn't even acknowledge receipt of my submission for FIVE MONTHS which made it impossible for the submission to be accepted.

Deputy Mike Higgins' SUBMISSION.

Former Deputy Trevor Pitman's SUBMISSION.

The Uk government stepped into the Turks and Caicos for far less.

27 comments:

  1. Disappointing, but not unexpected.

    The Committee are cowards and do not want to hear as they would then either have to act or face up to their cowardice.

    They are prisoners of Lord Denning's "appalling vista", which, of course, in the longer run, simply turned out to be the truth.

    The people of Jersey deserve better. At least, I hope they do.

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  2. The UK knows how corrupt Jersey is but while the money keeps rolling into the City of London from the tax haven the UK will continue to tolerate it. When the money dries up so will the UK's complicity.

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  3. Can you make a formal complaint against said clerk who acknowledged submission too late?

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    Replies
    1. I probably could but won't bother wasting my time.

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  4. I have just read the report and it is a disgrace.

    The Jersey authorities seem to have played this one very cleverly. Their implied threat of seeking total independence has wrongfooted the Committee into defending current practice and virtually guaranteeing the continuation of a hands off policy by the UK.

    The Jersey authorities also have a raft of complaints about UK domestic and international legislation and treaties, where they are not adequately consulted, or their interests adequately represented internationally and where they need, and are grudgingly getting some limited delegated powers of independent negotiation internationally.

    The net effect of this strategy is to put both the Committee and the UK MoJ in a defensive position, and distract the Committee from even contemplating that there might be anything wrong with the system of governance in Jersey.

    The Committee has therefore dealt with the few complaints it has bothered to notice as complaints about individual cases, like those of their domestic constituents, rather than as individual illustrations of a system not fit for purpose.

    The Committee has simply proved to be a box ticking exercise where both partners in the marriage (Lord McNally's imagery) acknowledge some difficulties but agree to continue living together in mutual tolerance and harmony.

    This may suit the two administrations, who are, after all, the only bodies considered in this report, but it may not be in the longer interests of the people of Jersey.

    Verdict: the report is not worth the paper it is written on and may in the longer term contribute to undermining any chance of the people of Jersey getting a decent system of governance.

    ReplyDelete
    Replies
    1. "Undermining any chance of the people of Jersey getting a decent system of governance" is called The Jersey Way.

      Delete
  5. "partners in the marriage (Lord McNally's imagery)"

    Well they are not staying together for the good of the step-children are they?

    The Jersey people deserve at least one good 'parent'.

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  6. Jersey has made the front cover story in Newsweek which can be read HERE

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    1. A beautifully written restrained piece which says it all, with plenty of spaces left between the lines for the reader to fill in for themselves.

      Can't wait for part two.

      Congratulations to Leah. Well worth the wait.

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  7. It would appear that the Committee has been very selective in what submissions it accepted. My submission was not accepted on the grounds that it related to a specific case where the judicial process had failed. Following the rejection I responded by stating that my submission was proof of the failings but it was still rejected. One is left to wonder how many other submissions were rejected.

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    1. Bob.

      That and the submissions that were only accepted after they had been redacted and the fact the Committee wouldn't meet with the public as well as being wined and dined by the great and good should demonstrate the Report isn't worth the paper it is written on.

      Delete
    2. I too had sent in 2 submissions, which were rejected and both sent in within the time frame stated. I even took the trouble to email a copy to all 12 members of the Justice Select Committee to ensure that each member had a sight of what was sent in, so each member of the Select Committee has a copy of my submissions, but still no joy. What does one have to do to obtain Justice in this corrupt UK Crown Dependency State of Jersey ???

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    3. If you want to send me your submissions I would be happy to consider them for publication on the Blog?

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    4. Why doesn't Bob publish his submission on his blog?

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    5. With the two submissions referred to above Bob Hill's submission VFC and Trevor Pitman's submission plus any others could be published on here as a one stop shop showing what the select committee is covering up.

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    6. VFC, I will be sending you one of my submission which was sent to the Justice Select Committee shortly
      Having problems with the internet at the moment

      Delete
  8. This failure to acknowledge receipt of your submission highlights the fact that we all place far to much 'faith' in E-Mail, I have to say any document of such importance should always be sent 'Recorded Delivery' that way there is no chance of saying "Never got it...sorry". We use E-Mail for nearly everything these days (but we should all bear in mind this method is NOT secure and was intended as a simple interoffice means of communication when initiated) even down to confirming very serious legally binding agreements, one day this will come back to bite. Just because you receive confirmation from FRED that you can have all his money does not mean FRED sent it. A signed letter with Royal Mail recorded delivery is the only way to go.

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  9. VFC

    Did suspended Jersey Police Chief Graham Power submit his case, plus his affidavit to: The Justice Select Committee?
    Because this surely is the biggest judicial failure of all

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  10. The problem is The Justice 'Selective' Committee ..... not lack of 'faith' in multiple emails.

    Suits Jersey ...... Selective Justice

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  11. The sock puppets are already on overtime, trolling the Newsweek article on the Pitmans. I tried to submit http://voiceforchildren.blogspot.com/search?q=Fresh+and+fleshed. Maybe you'd like to pitch in VFC?

    See http://mag.newsweek.com/2014/01/17/jersey-taxes.html

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    Replies
    1. I left a comment a couple of hours ago with a link to official police report and it is awaiting moderation.

      Delete
  12. http://www.theguardian.com/media/2014/jan/18/jimmy-savile-abused-1000-victims-bbc

    Revealed: how Jimmy Savile abused up to 1,000 victims on BBC premises

    Executives turned a blind eye to attacks, according to former judge's 'shocking' finding.

    Here you go. Finally the BBC are exposed.

    BBC Jersey will you report on this? Will you hell.

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    Replies
    1. BBC Jersey will no doubt be too busy either PROMOTING HATE-SITES or BURYING DOCUMENTS to have time to report how the BBC has harboured, protected and enabled one of the most prolific paedophiles the world has ever seen.

      Delete
  13. VFC

    The trolls have indeed hit the comment section on the Newsweek article, trotting out the discredited coconut excuse to bypass the presumably now "lost" bones and teeth of children excavated there. I hope you, Leah, and others with credibility contribute your superior evidence to counter the standard troll spin now published. Your documentation should go a long way to demonstrate the way the oligarchy spin machine continues to bury sinister facts by simply attacking the messengers.

    Elle

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    Replies
    1. Elle.

      I am still awaiting publication of my comment, as are others, I am told.

      Delete
  14. I placed one also, but linked a local forum early yesterday. Me thinks maybe that linking a blog ( being America but world wide distribution ) they may well be worried about blog postings that ……….. being the USA leave them open to litigation.

    I notice that no other links to any blogs or local forums have been published.

    Shame.

    ReplyDelete

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