Wednesday, 22 June 2016

Francis Oldham QC. Closing Statement.



Francis Oldham QC.


Today saw the final Public Hearing of Jersey's Child Abuse Committee of Inquiry with Counsel to the Inquiry delivering its final submission to the Panel. The submission, and transcript, should be available on the Inquiry's website soon.

Today's submission from Counsel addressed a number of issues including the correction of the Law Offices' Department assertion where, in its submission it was claimed, that former Senior Investigating Officer Lenny Harper offered no evidence of corruption. Counsel to Inquiry read out a list of evidence (as contained in Mr. Harper's own evidence) to back up Mr. Harper's claims.

Counsel to Inquiry went on to suggest the Panel might want to question the honesty of former Home Affairs Minister, and current Deputy, ANDREW LEWIS who has given a number of different accounts to different bodies which, on the face of it, can't all be true.

Perhaps one of the biggest stings (for the Establishment) was the closing statement made by the Chair Francis Oldham QC. The Chief Minister's Department, States of Jersey Police and the Law Offices' Department have all asked for a dialogue with the Inquiry before the publication of its final report. I believe the three parties (who are in effect under investigation by the Inquiry) want sight of the panel's final report 28 days before it is made public.

This twenty eight day window could (to those of us skeptics) give the Law Offices' Department/police/Chief Ministers Department the opportunity to launch legal proceedings/injunctions on the panel, or its report. Which could mean that it never sees the light of day, or at least would have been redacted the living daylights out of after going through the Law Office washing machine a few times a-la Napier/Wiltshire.

Thankfully Francis Oldham QC (below) sought to enforce the independence of the Inquiry/Panel and rebuff that/those requests and, it appears will not be having any dialogue with these Interested Parties. She will NOT be giving them the report 28 days before publication. She will NOT be sending out any Maxwellisation or Scott Letters to those who might be criticised in the final report. Those who have been criticised have had the opportunity to respond to that criticism already, Francis Oldham explains in the video.

Some much needed confidence was gained in the independence of this Inquiry as a result of the Chair's closing statement today.

The final report should be published by December this year.








59 comments:

  1. This sounds encouraging for truth and worrying for those who want to re-written history to spare the Establishment guilty.

    We all saw the scandalous disappearance of the Pitman witness statement and documents. We can't afford any similar antics here nor a Sharp/Napier style three times re-writing.

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    1. The proof of the pudding will be in the final report .......IF it is already "toned down" (save for the inevitable nailing the expendable patsies) then there is no real need for the establishment to "OK" it.

      Today's submission from Counsel/Counsel to Inquiry, as reported in the body of the blog is the only encouraging detail I see so far.

      Otherwise Francis Oldham's statement is just PR/lawyer speak waffle. The reality is that so much of her CoI's behaviour has already smacked of mock independence.

      -failure to consult or adequately respond to stakeholders
      http://voiceforchildren.blogspot.co.uk/2014/07/jersey-child-abuse-committee-of-inquiry.html

      -failure to provide unconditional legal representation

      -failure to subpoena key witnesses (e.g. Ex Health Minister Syvret)

      -failure to adhere to the Salmon principle (The six cardinal principles of fair procedure under the Tribunals and Inquiries Act 1921...)
      http://uk.practicallaw.com/1-385-1407

      -failure to take evidence from innumerable establishment low lives and incompetents

      -failure to treat witnesses fairly/thoroughly e.g. Trevor Pitman, Bob Hill (who suffered a devastating stroke shortly after)

      -etc.

      -etc.

      The jury is out.

      The proof of the pudding ...........etc

      Delete
  2. Deputy Andrew Lewis must be sh*tting himself.

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    Replies
    1. Well he is definitely IMHO full of it.

      Delete
  3. If the Enquiry is already vindicating Lenny Harper and tripping the establishment up over their lies I am very much looking forward to the final report. No wonder the establishment wants to interfere with the report before it's published!

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  4. Glad to see you are finally accepting this Inquiry as legit and real.

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  5. Wow, well this is really encouraging that they are not going to let our government see there report before they reliese it. So they can't get it brushed under the carpet. If there's still room under the carpet ? But I bet the panel are going to have a fight on there hands to get published without it being heavily redacted. Stand firm and hold on the the ride of your panels life! Because our government are no way just going to let you publish something that is going to dam so many of our so called Great and Good.

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  6. This is the excellent JEP Editorial.


    Yesterday the lawyer representing the States at the Independent Jersey Care Inquiry made her closing comments.
    Advocate Beverley Lacey urged members of the panel to consult with her client about their recommendations before publishing them. She said that recommendations made ‘in a vacuum’ did not have the same chance of being implemented.

    Whether well intentioned or not, these comments display a singular lack of understanding of the panel’s role and the sort of misplaced ‘we-know-best’ paternalism which reveals just how out of step government is with public expectations.

    An independent, expert panel was appointed to hear week after week of testimony so that it could, without fear or favour, examine the evidence, come to reasoned conclusions and make recommendations. It is there to tell this Island what it ought to do in the wake of harrowing abuse and the brushing under the carpet of unpalatable truths.
    That the government appears, at the very least, to want to control the outcomes and influence the recommendations according to what it thinks it might be able to achieve is jaw-dropping in its naivety and arrogance.

    Nothing will undermine the authority and credibility of the panel quicker than the whiff that there is an overly cosy relationship between the inquiry and the government that appointed it, or that the independence essential to its effective functioning has been compromised.

    If the government of this Island does not understand that, we risk having wasted several millions of pounds. End


    Rico

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    1. A very good editorial.

      Though as was highlighted in the course of the previous blog post put in to context by the JEP editor evidently condoning the on line abuse of those who bravely gave evidence to the COI via obviously false comments.

      Leopards really don't change their spots as the saying goes. Nor hyenas their natural behaviour.

      Delete
    2. Good call from the JEP. I fully support its editorial and it got it bang on right.

      Delete
    3. Good call for sure but a little late for redemption. Hardly sits well with the JEP's years of rabid misrepresentation of Harper and those others who stood up for the victims from the beginning. A case of not wanting to be seen on the losing side when the ship goes down?

      Delete
    4. The JEP got (rightly) slammed by this Blog for its disgraceful propaganda during, and after, Rectangle under the previous editor/deputy editor.

      There has been a marked difference, for the better, under the current editor and will (rightly) be given the credit it is due by this Blog. History will record its role during this dark period in Jersey’s history.

      Delete
    5. I might concede you have a case. Until you stop to consider the same old full blown repeating of the obvious anti Harper lies about coconuts only weeks ago.

      Your new Pravda editor knows this all to be hokum yet carries on just like his predecessor. What positive change is that?

      The paper's on line approach as a say what you like troll fest is no different to the darkest days of 2008 to 2012. So what change there?

      Delete
    6. I am not saying that it is perfect or that I agree with everything it prints or doesn’t print. What I am saying is that the above editorial would NEVER have been published under the former editor/deputy editor and that it called it bang on the money. I haven’t looked at its online articles in an age because, as you say, it is just a Troll-fest that really lets the paper down.

      Delete
  7. THE DRUNKEN UNEMPLOYABLE22 June 2016 at 18:29

    Very encouraging. At least on the face of it. Proof will be in the pudding.

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  8. The might wanting to criticise Patsy Lewis should be interesting. Still time to avoid taking the fall alone for others handy work Andy...

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  9. Without the efforts of the Voice, Rico Sorda, Bob Hill and supporters in the States and elsewhere it is unlikely that this Inquiry would have happened at all. The Jersey Establishment attempted to stop it happening and when narrowly out-voted in a back bench revolt they have then repeatedly attempted to either diminish the Inquiry's impact or to bring it within the Establishment family. Their latest attempt to effectively obtain a right to edit the final cut typifies their arrogance and impertinence. Worse still is their suggestion that this would be the best way of achieving the implementation of any recommendations. The implications of this latter statement are clear. The Establishment is suggesting that if they are not involved in the final edit then recommendations may not be implemented. This is further evidence that they just do not get it. These issues have now passed beyond the control of Jersey and final decisions are likely to be taken elsewhere and imposed with or without the approval of those who have hitherto considered themselves to be untouchable.

    The closing statement from the chair of the Inquiry displays a strong determination to publish the truth without fear of favour. Well done to all of those whose courage and determination has enabled this to happen. Well done to the Davids who now have Goliath on the back foot. We are approaching a very interesting time in the Island's history and its opportunity should not be lost. Stay vigilant. Stay focussed. And be ready for the final push when the time comes.

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    1. The establishment 'get it' they just don't care and will only start 'caring' when the people back them up to the wall. Which most of us never would even contemplate.

      Delete
  10. Your Jersey readers may be twiddling their thumbs waiting for the Report to be published. But thy should not become idle. The next phase of the project must start then - to reform the governmental and administrative institutions of Jersey so that such a scandal can never happen again. For most, attention must be directed towards the next General Election and that ancient call to become politically organised. WE simply must not sit around waiting for others to do the work. That so few have even attended the hearings of this Inquiry is not a good sign. Ignorance is still widespread about what happened and just a few like Carrie Jill have carried the campaigning burden for many. We must not kid ourselves. 250 people paid to see and hear Owen Jones back in January but where are they now and where will they be over the next two years or so? Political activity is not just an entertainment....https://youtu.be/SxdcEMNnicQ

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  11. Well done VFC, and thank you for this very important posting. I take on board your comments re the JEP but it will take a very long time (if ever) before I trust it. Yesterdays paper had a large photograph of Lenny Harper with the headline Harper completely out of touch with modern policing. Contrast this with the closing submission from Alan Collins on the Inquiry website, it can be found on the last entry for May but you have to scroll down to near the end. Perhaps an IT savy individual could provide a link. It is worth reading in its own right as a summary of key issues.

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    Replies
    1. Here is THE LINK to the page but you will still have to scroll down when you get there.

      Delete
    2. Miss Sharrock D' Runk23 June 2016 at 12:43

      These links are most helpful, thank you. Lewis' ramblings ought to see him prosecuted or perhaps certified they are THAT ludicrous. Talk about being in denial.

      Delete
  12. I think I did not make myself clear in the earlier posting the JCLA submission of the 16/3/2016 challenges the propaganda put out about Lenny Harper (from about page 26) JCLA submit that if not for Power and Harper much of what we now know would never have seen the light of day. This view is repeated by them on the excellent interview b Tom Gruchy and available on this blog. We must also forget that the COI would never have taken place without the hard work and perseverance of the JCLA ,the bloggers and the few politicians with integrity.

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  13. Grey haired and jobless23 June 2016 at 09:43

    I think the JEP editorial is bang on the money though they do need to sort out the editing of their hateful on line comments. Fake multi accounts created to offend are not hard to weed out if the will is there.

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    1. It can get very complicated though. The Troll there accused me of being a Troll. :-)

      See here and scroll down to King of Kings 24/5/2016 at 10:52am.

      Only joking. Of course they could prune the comments. Though I was surprised they didn't prune me. Something must be changing, however slightly and slowly.

      Delete
  14. Big T's T shirt23 June 2016 at 12:57

    Is there any indication of when the COI will publish their report, or do we just have to assume sometime between now and December 31st? Also, will there be a public launch here in the island open to we plebs?

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    Replies
    1. There has been no indication that the final report will be published before December this year. I believe the Panel will be over here to present the report.

      Delete
  15. Polo. I don't know if we have ever met because I don't know who you are not do I need to. Thing is I usually agree with your thoughtful comments nine times out of ten.

    Can't agree that things are changing at the JEP though. Just look at the volume of cyber abuse they are allowing targeting the few who we would think of as the good guys.

    I'll give you just one example though I could give a hundred. It doesn't take Professor Hawking's to work out who the offensive bogus TPs bounced cheque or The Bald bankrupt are does it?

    Nothing but childish abuse about Lenny, Graham, Stuart, Monty and the Pitmans themselves are posted under these fake IDs. Editor Andy Sibcy will know this full well. But because the target(s) are people the paper hates and could not bully it is allowed.

    Clear evidence any new dawn at the JEP is a false one.

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    1. Anonymous at 15:04

      You're probably right.

      But my recollection is that, maybe a good while back, comments such as those I left would not have survived, and people then were complaining about this.

      I guess the JEP is part of the establishment DNA and not likely to change to any significant degree. Current minor changes may simply be an effort not to completely alienate some of the public who are now better informed thanks to the Jersey bloggers.

      Just in passing, I'm getting some trolly Jersey stuff in comments on my own blog but I have a good moderation tutor to guide me through it. Fairness does not require publishing every turd that is thrown at you.

      Delete
    2. The JEP online forum is not moderated for regular users. Once you've registered your id and posted half a dozen comments (that have been moderated) you are "trusted" and remain that way until a complaint is made against you.

      Delete
    3. Can't argue with the facts set out above. The JeP pandering to everyone's least favourite death threat troll to peddle his jealous hatreds is indicative of how in the establishment's pocket they are. The abuse aimed at Neil and Rico within the troll accounts highlighted above says it all.

      Delete
    4. Anonymous at 15:30

      I don't think I'll be trusted much longer. I've just posted in a comment on JEP the letter from Advocate Sinel that they refused to publish in full. :-)

      Link

      Delete
  16. A Rag Too Dirty To Be Cleaned Up23 June 2016 at 16:09

    What anonymous posting at 15.30 tells us shows us the shocking truth of a website that simply encourages abuse. But here's a test for those who would convince us the JEP is a changed dinosaur. If any of you post on the JEP pages register a complaint of abuse about the offensive account names and content someone has named above. Then see what happens. I can tell you it will be nothing. The newspaper supports what JH does because if the targets as a reader pointed out.

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  17. "Today's submission from Counsel addressed a number of issues including the correction of the Law Offices' Department assertion where, in its submission it was claimed, that former Senior Investigating Officer Lenny Harper offered no evidence of corruption. Counsel to Inquiry read out a list of evidence (as contained in Mr. Harper's own evidence) to back up Mr. Harper's claims."

    errrr..... So the Law Offices' Department are lying?

    Think about the gravity of that.

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    Replies
    1. you mean you are actually surprised? lie is what they do for a living.

      Delete
  18. Rico Sorda's latest blog posting of four weeks ago, is so topical. Therefore it should be reposted.

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  19. It is very telling that the COI have blown the LOD and co out of the water correcting their lie that Lenny Harper provided no evidence of corruption. Did the JEP report that I wonder?

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    Replies
    1. Maggot April 7023 June 2016 at 21:51

      Think we know the answer to that question.

      Delete
  20. If the States/Crown Officers have effectively instructed lawyers to lie to try and undermine Lenny Harper this demands questions in the States by honest members. Hope one or more of the five step up.

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  21. Most of the corruption issues concerning police officers involved disciplinary procedures rather than criminal cases going to court. That is not to belittle the seriousness of such corruption. Corruption at any level in any police fore is very concerning given that the police are responsible for ensuring that the rest of us do not engage in corrupt practices ourselves. There is a tendency to deal with such issues as a disciplinary matter, especially where individual officers admit guilt. Officers are told that they are more likely to be dealt with through the disciplinary process rather than through the the judicial process where they come clean. To be fair police offices in Jersey have generally been prepared to "fess up".

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  22. "The Independent Jersey Care Inquiry has now ended its consultation and public participation stage.
    The Panel of three led by Frances Oldham QC has gone away to spend the rest of the summer and autumn writing their report and we await the outcome with nervous anticipation.....

    But if Alan Collins is correct about the lack of a legal basis for most of the "detention" of children in Jersey care homes and other institutions over the decades then Jersey could be facing law suits and compensation claims that will make the Inquiry costs look very small.

    The interview below discusses his final submission to the Inquiry on behalf of the Jersey Care Leavers Association and he certainly spelled it out to the Inquiry Panel.

    But, is it really possible that virtually every child sent into Jersey care, or detention since 1945 (ie within the TOR of the Inquiry) has been detained "illegally"?

    Is it possible that the entire legal profession of Jersey from the Crown Officers and the Courts to every solicitor and advocate, the Police, so called trained social workers et al have failed to notice the lack of rules of procedure or the rights of appeal?

    Alan Collins cited some extreme examples such as a child remanded for 1,272 days and there are many hundreds of such examples to test before a court.
    Assuming of course that, like child abuse itself, such cases are not time-barred and that there is a tribunal empowered to consider them.

    The questions posed by Alan Collins should be attracting the urgent attention of the Jersey government now and the public needs to be advised of the official response ASAP. This cannot be allowed to remain "in the air" until the Inquiry Panel forms its own view."


    FROM:
    http://tomgruchy.blogspot.co.uk/2016/06/child-care-in-jersey-so-you-think-its.html

    with "pouring salt on the slugs" interview

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  23. Further to my earlier comment about disciplinary rather than judicial proceedings being taken against corrupt police officers, the LOD would not necessarily have been aware of the disciplinary proceedings being taken within SOJP. That does not however excuse the assertion made by the LOD that no corruption existed. Surely they had a duty to check the real position before making such a sweeping statement.

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  24. It is great that the COI has shown that Harper was right and demonstrated evidence of corruption. Think they knew this truth all along. Probably only one living in true denial was out troll. Just wonder what now for Jersey after the Brexit vote if I can expand the debate? Locally we will have a lot of very worried Poles etc so our COM need to get their act together. How reassuring that we have Philip 'I don't remember' Bailhache as our foreign minister. Not.

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  25. Let's not buy the bull here. With Brexit our finance industry is in the process of swirling down the bath plughole. If only we had more competent people in the council of Ministers I might not feel so worried. Time to get someone who actually understands economics in as Treasury Minister or maybe even Chief Minister. Probably someone like Deputy Higgins?

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    Replies
    1. Think you have a point. Very worried for finance as I work in it.

      My own concern had always been that we really don't appear to have a Plan B. I guess if the JDA was still around they would now be (rightly) saying "Well we told you we needed a Plan B to fall back on but you wouldn't listen".

      Funny how the world turns. At present I'm just pleased the flat I was going to buy fell through. Hopefully we can get some stability back soon but I just can't see it being very fast in coming.

      Delete
  26. Who can we use as our patsy this time?24 June 2016 at 12:49

    Look out Brexit might be an off the wall excuse to delay publication of the COI report!

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  27. Do we know if anyone is asking questions of Gorst next week about Lacey's attempts on the Establishment's orders to try and interfere with the independence of the COI report and it's publication?

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    Replies
    1. Someone should ask First about the useless Routier letting slip the COM going behind the back if both States and public to open the immigration flood gates. We need an election this autumn or this island is finished.

      Delete
  28. JEP now passing themselves off as fighting for Jersey's children with a Saturday special. Hope they give credit to you and the others they have regularly vilified.

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  29. Bit quiet tonight. Everyone in shock after Brexit? Where does Jersey go from here I wonder? Maybe we should be inspired and move to vote our whole motley crew out like the UK decided to kick the Establishment in the gonads?

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  30. Too little too late?
    Can someone put a scan of the article online please

    Topic: JEP investigating
    http://planetjersey.co.uk/forum/index.php?topic=4034.msg60962#msg60962

    "Things are looking up for the JEP if they [keep] on doing things like this. We will have a good paper to read in the future but if it is only a one off then sorry i will not buy another one.
    Wait and see what the police are going to do about this?"

    http://jerseyeveningpost.com/news/2016/06/24/exposing-online-predators-jep-special-investigation-this-weekend/

    Sick. The JEPaedo trying to mop up brownie points after what they have done (since collaborating with the Nazis).

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  31. Hi Voice

    I thought you would be interested in a victimised whistleblower victory of David over Goliath

    48-year-old nurse Vasanta Suddock represented herself in the High Court and won her appeal against THE NURSING AND MIDWIFERY COUNCIL (NMC)and the care home Interim managers (Ernst & Young/HCMS)

    Justice Geraldine Andrews quashed the allegations which she found were made up by people 'acting in bad faith' who 'set out to ruin her hitherto unquestioned reputation and career'.

    www.torquayheraldexpress.co.uk/nurse-wins-year-battle-clear/story-29313875-detail/story.html

    Justice Andrews judgement:
    www.bailii.org/ew/cases/EWHC/Admin/2015/3612.html

    The NMC had struck off the respected matron on the basis of false and malicious allegations of misconduct and bullying brought in response to her complaints of substandard care.

    The NMC who colluded with the Jersey establishment to ensure that Jersey's "Nurse M" could carry on practicing!

    Where is he now?
    I do hope that your Mr.Syvret was not right ..............again.

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  32. Jon's wet mattress25 June 2016 at 19:56

    Brexit is great news. At last the UK sheeple said enough is enough. But will the Jersey sheeple - the biggest sheep in the world - follow suite? Nah!

    ReplyDelete
  33. Jon's wet mattress25 June 2016 at 21:20

    Reading your last three excellent blog postings I decided to check out the supposedly reformed on line version of the Filthy Rag.

    What did I find. A very good editorial as voice rightly said undermined by reams of purile Bean hatred. And all posted by someone with a mind clearly as weak as his Stella drowned bladder.

    You need help Johnie dripping. Why the sheeple tolerate you I don't know but then I'm not a bean a by cry. Beautiful island still being ruined by bent cops, courts and politicians.

    Toodle pip.

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    Replies
    1. On that note.

      Jon; It's all going to end in tears.

      Delete
  34. Can you tell me is it right that the COI website will be accessible forever aS it should be?

    ReplyDelete

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