{"id":195,"date":"2008-03-28T03:58:43","date_gmt":"2008-03-28T02:58:43","guid":{"rendered":"http:\/\/blog.staggeringstories.net\/?p=195"},"modified":"2008-03-28T03:58:43","modified_gmt":"2008-03-28T02:58:43","slug":"from-stuart-syvrets-blog","status":"publish","type":"post","link":"https:\/\/blog.staggeringstories.net\/?p=195","title":{"rendered":"From Stuart Syvret’s blog…"},"content":{"rendered":"

ok, for those that don’t know, Stuart Syvret is a Senator in the Jersey States and was sacked last year, ostensibly for sending out abusive emails etc…however, its become fairly obvious that it was because he was on the point of exposing what has been happening in Jersey. His blog is a source of interest. Aside from information it does show a man who is very driven – possibly too<\/em> driven, alas. But he does make a lot of sense.<\/p>\n

Im copy\/pasting his latest blog entry because this one really does seem to show just how nasty Jersey politics can get, how underhand and how incestuous…<\/p>\n

ANOTHER LAST – EVEN MORE DESPERATE – THROW OF THE DICE? <\/strong><\/a><\/h3>\n

CHILD ABUSE: IS THE JERSEY ESTABLISHMENT TRYING TO SABOTAGE PROSECUTIONS? <\/strong><\/p>\n

Those following the Jersey media will have seen that Senator Frank Walker, Jersey\u00e2\u20ac\u2122s Chief Minister, has decided that now is the time to begin proposing the establishment of a \u00e2\u20ac\u02dcCommittee of Enquiry\u00e2\u20ac\u2122 \u00e2\u20ac\u201c a quasi-judicial process which can be instigated by the island\u00e2\u20ac\u2122s parliament, and would work somewhat like a UK parliamentary \u00e2\u20ac\u02dcSelect Committee\u00e2\u20ac\u2122.<\/p>\n

The purpose of this exercise would be to undertake a detailed examination of all the issues concerning the Jersey child abuse disaster.<\/p>\n

On the face of it, this may seem a good idea; \u00e2\u20ac\u02dcwhy shouldn\u00e2\u20ac\u2122t there be a public enquiry into this catastrophe?\u00e2\u20ac\u2122<\/p>\n

The answer to that question is all about timing.<\/p>\n

As explained in previous posts, I spent much of the first half of 2007 pursuing my own investigations into child protection failures. These efforts ultimately prompted the Jersey oligarchy to dismiss me from my post as Minister for Health & Social Services.<\/p>\n

During that episode, I had concluded that a Committee of Enquiry would be extremely useful. However \u00e2\u20ac\u201c at that stage I was not aware of the covert police investigation; rather, I had reached my own conclusions concerning the catastrophic state of child protection in Jersey following extensive communications with whistle-blowers, victims and witnesses.<\/p>\n

A public enquiry seemed \u00e2\u20ac\u201c rightly \u00e2\u20ac\u201c back then to be a good means of exposing the truth.<\/p>\n

However \u00e2\u20ac\u201c when the States of Jersey Police Force took me into their confidence in November of last year \u00e2\u20ac\u201c and explained in detail what they had been doing \u00e2\u20ac\u201c it was immediately apparent that they were going to expose the truth \u00e2\u20ac\u201c and that there would be prosecutions.<\/p>\n

Therefore \u00e2\u20ac\u201c so as not to jeopardise that process, I parked the idea of seeking to establish a Committee of Enquiry.<\/p>\n

Not because the polity in Jersey does not require such ruthless scrutiny \u00e2\u20ac\u201c it does. And we must, indeed, have such an enquiry \u00e2\u20ac\u201c but only when the timing is right.<\/p>\n

At present, the Police have only made one arrest in connection with their major investigation into historic child abuse. They have stated publicly that they are going to make a substantial number of further arrests.<\/p>\n

In theory \u00e2\u20ac\u201c at least \u00e2\u20ac\u201c this should lead to prosecutions \u00e2\u20ac\u201c and in the case of the guilty, appropriate punishments.<\/p>\n

But \u00e2\u20ac\u201c that process \u00e2\u20ac\u201c arrests, prosecutions, appeals \u00e2\u20ac\u201c will take perhaps three years \u00e2\u20ac\u201c and even that might be optimistic.<\/p>\n

So \u00e2\u20ac\u201c why not establish a Committee of Enquiry soon? There are lessons to be learnt, surely, and we need to discover the facts \u00e2\u20ac\u201c and make necessary improvements as soon as we possibly can?<\/p>\n

Well, there are several \u00e2\u20ac\u201c extremely good \u00e2\u20ac\u201c reasons as to why a Committee of Enquiry should not be spoken of now. Not least because the causes of the disaster – and the failure of public administration to deal with it \u00e2\u20ac\u201c are already obvious to any thinking person. We know \u00e2\u20ac\u201c even if Frank & Co don\u00e2\u20ac\u2122t \u00e2\u20ac\u201c what changes must be made.<\/p>\n

But dealing with the main issues. Firstly, the public enquiry would be a quasi-judicial process. We must ask, therefore, how appropriate would it be to establish such a body which would be working in parallel with the on-going police investigations, charges and prosecutions?<\/p>\n

Obviously \u00e2\u20ac\u201c it is quite impossible to see these two processes working on the same subject matter \u00e2\u20ac\u201c simultaneously – without badly damaging the prosecutions.<\/p>\n

Such an exercise would risk seriously distracting from \u00e2\u20ac\u201c and more significantly, contaminating and hindering \u00e2\u20ac\u201c the efforts of the Police.<\/p>\n

But \u00e2\u20ac\u201c even if the Committee of Enquiry was not actually put into action now \u00e2\u20ac\u201c but instead its establishment was simply agreed \u00e2\u20ac\u201c this process \u00e2\u20ac\u201c the public discussion \u00e2\u20ac\u201c and the political debate in the islands parliament – would seriously run the risk of furnishing defence lawyers with a variety of reasons for asserting their clients wouldn\u00e2\u20ac\u2122t get a fair trial.<\/p>\n

Further \u00e2\u20ac\u201c even if the suggested Committee of Enquiry were to be established \u00e2\u20ac\u201c surely we should have a good understanding of the facts – an informed grasp of the issues \u00e2\u20ac\u201c to enable us to draw-up appropriate Terms of Reference for the Committee?<\/p>\n

We could only be fully informed of these considerations \u00e2\u20ac\u201c after the conclusion of any criminal trials. For it will be, in court, that a great deal of the important information will emerge.<\/p>\n

So \u00e2\u20ac\u201c on these grounds alone \u00e2\u20ac\u201c now is simply the wrong time to be even speaking of a Committee of Enquiry.<\/p>\n

But \u00e2\u20ac\u201c there is a far more profoundly worrying dimension to this proposal. .<\/p>\n

Now, brace yourselves \u00e2\u20ac\u201c I don\u00e2\u20ac\u2122t think Frank Walker is culpable for this huge error.<\/p>\n

He will have been advised to take forward the concept of a Committee of Enquiry by various – very senior – Jersey establishment figures.<\/p>\n

And one can \u00e2\u20ac\u201c very easily \u00e2\u20ac\u201c speculate as to the motives behind such \u00e2\u20ac\u0153advice\u00e2\u20ac\u009d.<\/p>\n

Forgive me for going into boring, technical matters \u00e2\u20ac\u201c but these are of fundamental importance.<\/p>\n

I am going to quote some pieces of Jersey legislation.<\/p>\n

And my reason for doing so is to demonstrate a stark \u00e2\u20ac\u201c and profoundly disturbing – fact.<\/p>\n

Which is this:<\/p>\n

Any person summoned before a Committee of Enquiry, or who gives evidence to such a committee \u00e2\u20ac\u201c immediately gains immunity from criminal prosecution for any matter being considered by the Committee.<\/p>\n

So \u00e2\u20ac\u201c have a quick read of the law quotes below \u00e2\u20ac\u201c and understand this:<\/p>\n

If \u00e2\u20ac\u201c by some chance \u00e2\u20ac\u201c the States were to embark upon a Committee of Enquiry \u00e2\u20ac\u201c before all of the judicial processes were exhausted \u00e2\u20ac\u201c potentially guilty people \u00e2\u20ac\u201c maybe abusers, or those who have perverted the course of justice by concealing such abuse, or who have committed Misconduct in Public Office \u00e2\u20ac\u201c will become beyond the reach of the Law \u00e2\u20ac\u201c beyond justice by dint of the immunity from prosecution conferred upon them by the Committee of Enquiry.<\/p>\n

Here are some of the relevant legal quotes:<\/p>\n

34 Immunity from legal proceedings:<\/p>\n

No civil or criminal proceedings may be instituted against any member of the States \u00e2\u20ac\u201c<\/p>\n

(a) for any words spoken before or written in a report to the States or a committee or panel established under standing orders; or<\/p>\n

(b) by reason of any other matter or thing brought by the member before or within the States or any such committee or panel by petition, proposition or otherwise.<\/p>\n

In plain English this means that any member of the States of Jersey \u00e2\u20ac\u201c and this includes \u00e2\u20ac\u201c really rather fascinatingly – unelected members of the States, such as the Law Officers \u00e2\u20ac\u201c will become immune from prosecutions.<\/p>\n

But of greater concern is the following piece of legislation which has the same effect \u00e2\u20ac\u201c that of conferring immunity from criminal actions \u00e2\u20ac\u201c upon any member of the public \u00e2\u20ac\u201c this including public employees and senior civil servants, for example \u00e2\u20ac\u201c who comes before a Committee of Enquiry.<\/p>\n

8 Privileges and immunity of person appearing before or producing documents to a committee of inquiry:<\/p>\n

(1) A person asked or required to give evidence or produce documents before a committee of inquiry shall be entitled, in respect of such evidence and documents, to legal professional privilege and privilege against self-incrimination.<\/p>\n

(2) An answer given by a person to a question put to that person, or an oral or written statement made by that person, or a document produced by a person in the course of his or her appearance before a committee of inquiry shall not, except in the case of proceedings for the offence of perjury or for an offence under these Regulations, be admissible in evidence against that person in any civil or criminal proceedings.<\/p>\n

(3) Paragraph (2) shall not apply to evidence given or documents produced by that person which he or she knows to be untrue.<\/p>\n

So what does all this mean?<\/p>\n

It means that perhaps dozens of potentially guilty people \u00e2\u20ac\u201c abusers and those who concealed abuse \u00e2\u20ac\u201c will \u00e2\u20ac\u201c with one mighty bound \u00e2\u20ac\u201c become immune to prosecution for their offences.<\/p>\n

The victims will \u00e2\u20ac\u201c again \u00e2\u20ac\u201c be betrayed.<\/p>\n

It\u00e2\u20ac\u2122s a very \u00e2\u20ac\u0153clever\u00e2\u20ac\u009d wheeze \u00e2\u20ac\u201c isn\u00e2\u20ac\u2122t it?<\/p>\n

I could name a variety of people who will be praying for the States assembly and the Jersey Council of Ministers to be that stupid.<\/p>\n

Frank has claimed that he simply wants to get agreement to the establishment of such a Committee; not actually launch it whilst the criminal and judicial processes are continuing. But there is simply no point \u00e2\u20ac\u201c absolutely no good could come of \u00e2\u20ac\u201c the States even debating the topic now.<\/p>\n

Of course, Frank\u00e2\u20ac\u2122s motives are probably quite \u00e2\u20ac\u0153innocent\u00e2\u20ac\u009d in that it\u00e2\u20ac\u2122s a text-book move from the political spin-doctors hand-book:<\/p>\n

\u00e2\u20ac\u0153Government in crisis? Right \u00e2\u20ac\u201c let us show our mastery of events by establishing an \u00e2\u20ac\u0153independent inquiry\u00e2\u20ac\u009d\u00e2\u20ac\u009d.<\/p>\n

I\u00e2\u20ac\u2122m inclined to believe that Frank is guilty of the spin \u00e2\u20ac\u201c but not the more dangerous objective of compromising prosecutions \u00e2\u20ac\u201c and conferring criminal immunity upon those who should feel the full weight of the law.<\/p>\n

I could not, though, express the same opinion of those who have advised him in this matter.<\/p>\n

Their motives \u00e2\u20ac\u201c I am sure \u00e2\u20ac\u201c are altogether darker.<\/p>\n

The Jersey Council of Ministers is meeting tomorrow, that is, Thursday, 27th March, and will be considering the idea of the Committee of Enquiry.<\/p>\n

Let us hope that wiser council will prevail \u00e2\u20ac\u201c and they recognise that such a Political \u00e2\u20ac\u201c quasi-judicial \u00e2\u20ac\u201c investigation must be put back upon the shelf \u00e2\u20ac\u201c until such time as the criminal aspects of this disaster have run their course.<\/p>\n

A process likely to take several years.<\/p>\n

Stuart Syvret.<\/p>\n","protected":false},"excerpt":{"rendered":"

ok, for those that don’t know, Stuart Syvret is a Senator in the Jersey States and was sacked last year, ostensibly for sending out abusive emails etc…however, its become fairly obvious that it was because he was on the point of exposing what has been happening in Jersey. His blog is a source of interest. […]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-195","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/blog.staggeringstories.net\/index.php?rest_route=\/wp\/v2\/posts\/195","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blog.staggeringstories.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.staggeringstories.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.staggeringstories.net\/index.php?rest_route=\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.staggeringstories.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=195"}],"version-history":[{"count":0,"href":"https:\/\/blog.staggeringstories.net\/index.php?rest_route=\/wp\/v2\/posts\/195\/revisions"}],"wp:attachment":[{"href":"https:\/\/blog.staggeringstories.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=195"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.staggeringstories.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=195"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.staggeringstories.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=195"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}