Deputy Mike Higgins' Evidence.

The House of Commons Select Committee that reviews the Justice Ministry which has responsibility for good governance in the Crown Dependencies are on the island.

The Select Committee, in the coming days, will be meeting with Chief Minister, Senator Ian Gorst, the unelected Lieutenant Governor Sir John McColl, Law Officers and unelected Bailiff Sir Michael Birt. Then they will be meeting with States Members. The Select Committee WILL NOT be meeting with the public.

Jersey politician, Deputy Mike Higgins, among others, has submitted a written submission (below) which makes for extremely alarming reading, yet an oh so familiar tale of alleged corruption in Jersey's government, Civil Service, Judiciary and elsewhere.

Deputy Higgins has told us; "I have been contacted by more than 15 people, to include, former Police Officers, family members of serving Officers and members of the public. The number of cases is growing on a daily basis." The Deputy went on to say; "I am swamped with allegations/evidence of the breakdown in the rule of law and am working round the clock in an attempt to address them all."

Deputy Higgins said "I have attempted to raise these matters in the States (Island's parliament) and the Home affairs Minister, Senator Ian Le Marquand, refuses to answer, or evades, questions regarding allegations of perversion of the course of justice by the Chief Officer and Deputy Chief Officer of the States of Jersey Police and whether he will call in an external Police Force to investigate these allegations. Indeed the Minister has gone one step further and stated he doesn't believe that questions such as these should be asked in the States and would like to see Standing Orders (rules) changed to prevent them being asked in future."



Written evidence from Michael Higgins Issues relating to Good Government.

My name is Michael Higgins. I am a Deputy representing St Helier Districts 3 and 4 in the States of Jersey, the Island’s Parliament. I was first elected to the States in 2008 and subsequently in 2011. We all currently serve a three year term of office.

By way of background I was a Commissioned Officer in the Royal Air Force Volunteer Reserve (Training Branch) for twelve years. A lecturer in Economics, Law and Banking at Highlands College in Jersey for 18 years and a member of the Legal and Policy Team at the Jersey Financial Services Commission (the Island’s Financial Regulator) for 12 years before entering politics.

The purpose of my submission is to draw to the Committee’s attention my serious and grave concerns, which I know are shared by a number of my colleagues and many Islanders, about various aspects of the governance of Jersey and in particular the Criminal Justice and Legal Systems, the lack of separation of powers between the Legislature, Judiciary and Executive and the recent Referendum on the Structure of Government.

As each one of these topics would take volumes let alone 3,000 words to elaborate on the purpose of my submission is to request that the Committee be prepared to accept highly detailed evidence based written submissions into these areas in the near future (dossiers are currently being compiled) and to hear oral evidence either in Jersey or in the United Kingdom, so that the Committee can judge the validity or otherwise of our concerns.

To give you an appreciation of some of my personal concerns I will list some of those relating to the to the States of Jersey Police which are primarily based on evidence I have received from numerous sources:

1. The failure of the States of Jersey Police and the Jersey Financial Services Commission to properly investigate allegations of fraud by a financial institution;

2. The failure of the States of Jersey Police to properly investigate allegations of perjury by Civil Servants in a Court of Law, especially when it was alleged some of their former colleagues were involved;

3. The failure of the States of Jersey Police to properly investigate or even accept complaints of perversion of the course of justice and other unlawful activities by serving officers;

4. The failure of the Data Protection Commissioner and her staff to properly assist members of the public who put in subject access complaints to the States of Jersey Police in order to pursue cases against the Police when they are blatantly obstructed by the police;

5. Possible abuses of the Regulation of Investigatory Powers (Jersey) Law, which is modelled on the UK legislation by the States of Jersey Police;

6. The failure of the Home Affairs Minister to take any action, or if he has done so, any effective action in cases where he has been advised by former police officers that serving police officers have been perverting the course of justice;

7. The loss of evidence from police custody relating to child abuse (Haut de la Garenne) and which is highly relevant to the States Compensation Scheme for victims of abuse;

8. The collusion of civil servants and politicians to remove a Minister from Office which was revealed by a former Chief of Police;

9. The swift and in my view illegal removal of the same former Chief of Police;

10. The working of the legal aid system which means that ordinary citizens have almost no chance of getting any justice in the legal system.

Whilst the Committee may have difficulty in believing that such things are going on in a well regulated financial centre with its own democratically elected government and parliament all I ask is that the Committee be prepared to accept the written submissions when they are completed and hear oral evidence from those with the concerns rather than the normal Executive members and Civil Servants the UK authorities normally hear from and have contact with.

I am turning to the Committee for assistance because it is exceptionally difficult to successfully address these issues in Jersey and external assistance is needed to end the abuses that are occurring in this Island. Unfortunately what I am describing is nothing new but most people are afraid to raise their heads above the parapet as they know they will experience a whole range of subtle and not so subtle pressure to keep quiet or go away.

May 2013(END)

Despite that last paragraph, Deputy Higgins has told us that a growing number of those submitting evidence to him ARE now willing to "put their heads above the parapet" and are prepared, if needs be, to appear at any tribunal/hearing/court and swear their evidence under oath. The Deputy has also said "if this is what they can do to former policemen and members of Jersey's parliament then what are they doing to the more vulnerable members of the public?"

Although the Deputy has said he is swamped with evidence of wrongdoing he would still like to hear from anyone else who has been wronged, or failed by, the States of Jersey Police, the Criminal and Civil Justice System or the Data Protection Office and has evidence to support their claims.

Deputy Higgins can be contacted by e-mail at michael.higgins@jerseymail.co.uk

The Justice Select Committee's remit, and further submissions can be read HERE.

HAS LE MARQUAND “GONE NATIVE” IN THE STATES POLICE?

A “Parliamentary Sketch” by a friend of "The Voice."

For the benefit of anyone who does not know, Senator Ian Le Marquand is Jersey’s Minister for Home Affairs. Under the current arrangements he is the person to whom the Chief Officer and Deputy Chief Officer of the States of Jersey Police are politically accountable. The leadership of the Force is accountable to the Minister. The Minister is himself accountable to the States (the Jersey Parliament.) That is the arrangement. Or at least that is how things are supposed to be. But not apparently how they actually are if the Minister’s responses to questions in the States today Tuesday 19th Febrary 2013 are anything to go by.

The background to the questions is straightforward enough. Three police officers have recently been cleared of disciplinary allegations by an independent Tribunal. The Tribunal followed an independent investigation by Hampshire Police. As it happens the allegations concerned their actions in a high-profile case during which the actions of the same officers were criticised by the Courts. Not surprising therefore that there has been some quite legitimate interest in how these apparently conflicting outcomes can be reconciled. Step forward the Minister for Home Affairs. Who could be better placed to explain things to States Members and the public at large? Except that “explaining things” is not exactly a Le Marquand strong point.

On 29th January 2013 questions from States Members brought little information from the Minister. Le Marquand refused to release the written judgement of the Tribunal or to provide any meaningful information. He did however offer the following in response to a written question. In his answer he said “the public can be fully confident that the issues were properly investigated by an outside police force.” Not much “wriggle room” there you might think. Well, with hindsight that appears to be depend on the slipperiness of the wriggler and just how much he is allowed to get away with.

No sooner was the ink dry on the Ministers refusal to release the Tribunal judgement than the same document was leaked to a local leading Blogsite and PUBLISHED. (I hope nobody is ever foolish enough to trust the Jersey Government with any real secrets given their poor record on holding on to the meagre secrets they actually possess, but I digress.)

The published judgement revealed that the hearing was surprised that the Jersey Authorities, including the Police, had apparently failed to fully cooperate with the Disciplinary Investigation which they had themselves commissioned. This failure to cooperate had hindered the investigation and the work of the Tribunal. Additionally, there was a recorded concern at the accuracy of some of the typed, but not signed, witness statements which the hearing was asked to take into account.

No surprise therefore that at the next available sitting of the States interested Members invited the Minister to re-visit his earlier answers and to provide more information. A fair and reasonable exercise of the democratic process you might think. Well not according to the democratic ideals of Senator Le Marquand. Astonished back-benchers were told that their questions “should not have been asked” and were, they were repeatedly told “outrageous” and a “waste of time.” (Readers might be able to form their own view as to who was actually being “outrageous” in these exchanges, but worse was to follow.)

                                        

Deputy Shona Pitman had the nerve to draw to the Ministers attention to the Tribunal findings which appeared to say that the Force had not cooperated with the Hampshire investigation and had therefore prevented that investigation, and the subsequent Tribunal, from being as effective as they could have been. While, in observance of the conventions of the Assembly, nobody was named, all concerned knew that the lead for the Force in respect of the Hampshire investigation was the Deputy Chief Officer, Barry Taylor. But no worries, our worthy Minister had a full and complete answer. These outrageous allegations had been fully and comprehensively investigated by none other than, the Deputy Chief Officer, Barry Taylor. No readers, I am not making this up. I am not that good a fictional writer. Nobody could make this up (someone else’s catchphrase I know but on this occasion he might not mind.) Listen for yourself in the recording on “The Jersey Way” which should be available later tonight HERE or read it in Hansard. Yes, he actually made that claim. He told the States that the esteemed Deputy Chief Officer had spent a good deal of time on the matter. He had listened to the transcript of the hearing and he had spoken by telephone with the Presiding Officer of the Tribunal. At the end of these enquiries the Deputy Chief Officer had been able to exonerate himself totally from any allegation that he, or for that matter anyone else in the Force, had failed to cooperate with the Hampshire Investigation. The Minister appears to have accepted this outcome without question, which is not surprising given that he later told the Assembly that it was his role in the matter to “defend my senior officers against serious allegations.” So that surely deals with that “outrageous” allegation? Well it does if you are an obsessive autocrat who has lost even an elementary grasp of some of the basic principles of democratic accountability.

If on the other hand you think that the right to vote is not in itself a guarantee of democracy and for any system to be genuinely democratic there needs to be active processes which include checks and balances, and proper accountability, then you might have a problem.

So what is going on here? Has the Minister simply “lost the plot” "gone native" in the police and totally forgotten that it is for the Force to be accountable to him and for him to be accountable to the States? Or is there yet another “cover up” with some bigger secret waiting to be revealed? It is difficult to be sure, but there are some basic facts which, while not providing all of the answers, at least give some of the background.

Le Marquand was selected to be Minister for Home Affairs by the new administration which came into office in 2007. It is now 2013. Having been rejected for any other significant position in Government he hangs on in the first and probably the only position he will hold in the Government of the Island. Like his predecessors he is involved in the selection and appointment of senior police officers, and like his predecessors he follows UK guidelines which encourage such appointments to be made on a fixed term basis, usually of no more than five years. The reasons recorded in the UK for this policy are in the public domain and make reference to such issues as “unrecognised staleness” and the danger of Chief Officers potentially becoming too close to other senior figures and members of their own staff. Is it time for Le Marquand to take a long look at himself in this context, or if he will not do so, for somebody else to do it for him? Is there anybody out there who seriously thinks that he is now adding value to the governance of the Island by his increasingly strange behaviour in the States and elsewhere? Or is he making us all a laughing stock as he slips further towards the edge?

More to the point, can Jersey’s democratic institutions prove themselves capable of dealing with the Le Marquand problem or are they just spellbound, waiting in trepidation for the next twist in the downward spiral which is the governance of Jerseys Home Affairs Portfolio?

If it were not so serious it would be funny and entertaining. But it is serious, and nobody should be laughing.

Curtis Warren....The fall-out continues.

In continuance of our Curtis Warren car bugging saga we offer our readers another exclusive. Another exclusive trusted to Bloggers as Jersey's Mainstream media's credibility and trustworthiness  continues to plummet.

Below is a redacted letter, sent by a serving Police Officer, to an island politician that tells us not everything is rosy down at Police HQ.

It raises further questions concerning the conduct, honesty and ethics of those at the top of the Police Force and Law Officers Department. The letter suggests not all are happy with the leadership of Chief Officer Mike Bowron, Deputy Chief Officer Barry Taylor and Home Affairs Minister Senator Ian Le Marquand.

We are unable to substantiate ALL the claims in this letter but have been able to substantiate enough for it to be considered authentic. Readers are encouraged to draw their own conclusions as to its authenticity.

"Re: Curtis Warren Enquiry

I am writing to ask if you can please ask some questions in the States, as I feel there still needs to be some 'answers' and that the Attorney General, The Home Affairs Minister, Chief Officer Bowron and Deputy Chief Officer Taylor have to-date not been truthful.

Firstly in the Secret Disciplinary Hearing, Deputy Chief Officer was asked 'Who is the complainant in this matter" DCO Barry Taylor didn't even think about the answer, he replied The Attorney General'. The Home Affairs Minister claimed on the 29th January 2013 that Deputy Chief Taylor was confused with the question.

Paragraph redacted

The Home Affairs Minister claimed in the States that he has a 'Duty of Care' towards Police Officers. Why then has he not responded to a letter written to him by one of the Officers who has had his pay reduced due to illness as a result of the Disciplinary?

During the Disciplinary Hearing Chief Officer Bowron's lawyer Adv. (name redacted) lied in a deliberate attempt to tarnish the Officer's characters !!!! Adv. (name redacted) must have been instructed to do this - it is not usual for a Lawyer to act in this unprofessional manner!

What Duty of Care from Chief Officer Bowron, Deputy Chief Taylor and The Home Affairs Minister has been shown to the three Police Officers and their families?

Nothing had changed from the Curtis Warren investigation, arrest and conviction so why did Chief Officer Bowron commence an internal investigation? (redaction)   

Attorney General advised the Police Officers that they could not attend the Privy Council Hearing. They actually had flights booked and had to cancel them. One of the Officer's has this week written to the Attorney General to remind him of this fact - Why could the Attorney General not remember this?

It also appears that Chief Officer Bowron and Deputy Chief Officer Taylor have been breaking all the rules. For example one Officer (name redacted) was 'dismissed' by Deputy Chief Officer Taylor for taking time off for sickness and was hospitalized. He appealed, and Chief Officer Bowron said Deputy Chief Officer Taylor's decision stands. This is in breach of the Police Force Jersey Law. He has been unable to appeal to the Home Affairs Minister as he states he must liaise with the Chief Officer, the Chief Officers advises him to liaise with the Home Affairs Minister ! 

Paragraph redacted.

Chief Officer Bowron has had the crime figures manipulated to make himself look good, I understand that (name redacted) could not work with him so has moved to (another States Department).

Finally, Chief Officer Bowron and Deputy Chief Officer Taylor are the worst, most spiteful bullies the States of Jersey Police has ever seen, and both should now do the decent thing and RESIGN.

I am not able to give you my name, as I do not want to be bullied and picked on like the Warren Officers, it's not a good place to work just now.

Can you please bring a VOTE OF NO CONFIDENCE to the States against The Home Affairs Minister."(END)