Monthly Archives: April 2009

PHIL BAILHACHE:

THE ETHICS OF A BANGKOK PIMP?

You be the Judge!

Well – what a fascinating and entertaining day it’s been!

For those of you not immediately familiar with the day-to-day workings of the Jersey legislature – let me bring you up-to-date.

Today Phil Bailhache lost the plot – as usual, because he was being challenged and being held to account; a cultural phenomena utterly alien to this man and his brother.

Phil & Bill are neo-Victorians – men who believe it is still 1898 – and that we, the scumbag, uppity proles, should simply defer to them – as our ‘social superiors’.

The culture-shock evinced by both men whenever someone challenges their “authority” is a wonder to behold.

Incidentally, whilst I’m on the subject of the Bailhache Brothers – people in Jersey will be very familiar with the irreversible fact that, at the time of my unlawful arrest and detention – and the consequent searching of my home without a search warrant – Bill Bailhache issued a flat and unambiguous denial of any prior knowledge of the raid.

Following this manifest lie from him, I sent him an e-mail – in which I described him as a liar and a crook.

This plain statement of fact was simply seized upon by the Jersey oligarchy and its media – such as BBC Jersey – and used to peddle lies against me, whilst denying me any right of reply.

But – dear oh dear – what happened today in the Assembly?

Bill Bailhache admitted that, in fact, he did have prior knowledge of the raid.

QED.

A brazen liar – straight out of the mould of Jimmy Perchard.

Now – onto Phil!

He has been obstructing my efforts to table a proposition seeking a Committee of Inquiry into the unlawful killing of a patient at the Jersey General Hospital.

He doesn’t like me stating facts in the accompanying report – so has taken and assumed to himself – an unelected, unaccountable functionary – the supposed ‘power’ to sensor and edit that which elected members write in their reports.

No such power exists anywhere in the standing orders of the States of Jersey.

So, this morning, I made a perfectly reasonable request to him – namely that he provide me with a written explanation as to which standing order he was relying upon in his obstructions of my report?

Naturally – he was wholly unable to answer this question – so in his fury the best he could do was assert that he “would not correspond with someone who had written to him that he had ‘the ethics of a Bangkok pimp’”.

Now – I had often considered publishing the September 2007 e-mail in question – but, and Christ knows why, had held off from doing so – because I thought revealing the full picture of this man’s malfeasances would be too unkind upon him.

But – hey! If I needed an excuse to publish it – Phil delivered it today in spades.

So – never mind a selective quote from Phil – read the full text below – exclusively brought to you by Jersey’s leading news source!

But –

Before reading the e-mail – in order to place it in context – and gain a clear understanding of just what it is we are dealing with in Phil Bailhache – a little history.

The e-mail I reproduce below was written on the 10th September, 2007 – the eve of the oligarchy dismissal debate against me as Health & Social Services Minister.

The senior civil servants and the oligarchy politicians decided that I had to be terminated from the post – because I was – and I’m not inventing this, OK? – “Undermining staff morale”.

The cause of this supposed grave offence was the fact that I had – through my own efforts, and in the teeth of opposition from the over-paid, under-worked clowns in the senior civil service – been ripping the lid off decades of catastrophic child protection failures.

The first and only time a Jersey politician had recognised what was taking place, and then tried to do something about it.

To say the 8 months preceding September 2007 had been personally taxing would be a serious understatement.

And the months of July and August had been an utter nightmare.

It still makes me feel nauseous to recall some of the conversations I had with survivors and whistle blowers; to reflect upon so much documentary evidence which I had had to read.

From January 2007, I had begun the slow process of digging into and discovering the Jersey Child Abuse Disaster; a process which had led me – by May of that year – to conclude that Jersey had a catastrophe on its hands.

I went public with my concerns when answering – honestly – a question I was asked in the Jersey parliament in July, 2007 – when I said words to the effect that, “if I’m being asked do I have any confidence or faith in Jersey’s child protection apparatus, frankly, I have to say no – and I’m going to commission an independent, external inquiry.”

I didn’t discover this until months later – but within around two-and-a-half hours of me giving that answer, the Jersey senior civil service had swung into action, and had set about engineering my dismissal.

You see – and this is crucial to understanding the evolution of events – none of us knew at that stage of the covert police investigation which had begun at the end of 2006. Not me, not the oligarchy politicians, not my whistle blowers – and not the culpable senior civil service claque.

I was, unknowingly, engaging in the same kind of inquiries as the police – and I was able to do this thanks to the tremendously brave efforts of whistle blowers, witnesses and survivors.

But throughout that period – we were all in ignorance of the covert police investigation.

So throughout that period, it still appeared to the oligarchy that they could jam the lid back down – bury everything – maintain the Culture of Concealment – if only they could get rid of me.

Hence the engineering of my dismissal.

An action that Phil played a crucial role in.

As the Minister who was facing an imminent dismissal debate, I had every right to have tabled a report, in the form of Official Comments, in response to the dismissal proposal against me.

To use an analogy – the oligarchy proposition was the case for the ‘prosecution’ – and my Official Comments were the case for the ‘defence’.

Throughout the entire episode, Frank Walker, the CoM and the Jersey oligarchy media ruthlessly pursued the propaganda and spin that I had, somehow, just invented everything – that I had “no evidence”.

So brazen was this big lie that the oligarchy effectively bet their shirts on it.

They simply could not afford to let the lie be exposed.

But exposed it was going to be – permanently, irrefutably, and reportably – via the parliamentary privileged Official Comments I was going to table.

I say “was” – because this is where Phil comes in.

Utterly extraordinarily – and wholly without precedent – he refused to allow my Official Comments to be lodged and officially published.

That this was an all-out assault on my rights to a defence was bad – but far worse – it was yet another example of the Culture of Concealment.

Another startling betrayal of the survivors who – for the first time ever in Jersey – had the opportunity to have many of the key facts published.

Facing, as we were at that time, the prospect of years of battle to expose the truth – Phil Bailhache’s denial of democratic freedoms was a savage blow to survivors – several of whom I had had to call that evening and explain that we were not now going to have the facts recorded permanently in a parliamentary document.

They were shattered – I was bloody furious – we had tearful telephone calls.

Hence the e-mail below.

Before turning to the e-mail, let us be clear about a few, immutable, facts.

Phil Bailhache was – and remains – conflicted from any involvement in the child protection issues. This because of his failures in the Roger Holland affair – and in this context, the Jervis Dykes abuse episode. One of the 16 appendices I attached to my Official Comments was the Sharp Report – which you can read via the link.

Phil routinely interferes with, and tries to obstruct, democratically elected non-establishment politicians – and then refuses to be accountable for his actions – just as in today’s episode.

And, frankly – he has a record of outright political oppression; an infamous example of which I refer to in the 2007 e-mail.

In 1996, I exposed the then leader of the oligarchy politicians, former Senator Reg Jeune, in his corrupt use of his position in the Jersey parliament to support the introduction of a profoundly controversial piece of financial legislation, the Limited Liabilities Partnership law.

This law was being introduced – “fast-track” – at the sole and express request of the law firm of which he was a founding partner, and in which he retained a financial interest.

Phil Bailhache’s response to this exposure of wrongdoing was to ask me to remain behind at a meeting in July 1996.

The conversation went like this.

He said to me that he was ordering me to withdraw every word I had said about Jeune and apologise for having said it.

I put it to him that this was a perverse notion – given that the facts were evidenced by documents which had been leaked to me.

He said that made no difference – I would still have to withdraw everything I had said and apologise.

I pointed out that Jeune had, in fact, committed a prima facie breach of the law which stops politicians in Jersey from acting for their own financial interests (note to Dave Minty – get someone to read the law for you) and that he deserved prosecuting.

Phil said – “that’s a hell of a thing to do to a man at the end of his career”, to which I said words to the effect that that was tough – he should have thought about that before.

He said I had to withdraw everything – and if I didn’t – “it would have very serious consequences for me.” This threat itself being a breach of the law which protects States members from being compelled to do certain things in the Assembly.

I asked him what those consequences might be?

He said – “never mind about that – just know that there will be very serious consequences for you – and that would be such a pity – as you had such a lot to offer as a politician.”

Naturally – I refused to surrender to this thuggery – so Phil carried out his threat – and caused me to be suspended indefinitely from the Assembly – even though such action was illegal, given no provision for indefinite suspension existed in the States of Jersey Law or the standing orders.

I prepared to see-out the remaining three years of my term of office just doing constituency work – but the oligarchy caved-in after 6 months, and had to re-admit me.

I explain that, as I said, in order to provide a clear understanding of the type of individual we are considering when we contemplate Phil Bailhache.

And when reading the e-mail below reflect upon the context of the battle I was fighting at the time.

Working 7 day weeks – for two months, occasionally working literally 24 hours a day.

Struggling desperately to do what I could to help those survivors I had come to know – and to put in place a few of the necessary improvements in the child protection apparatus – such as sacking Iris Le Fevre – and recruiting June Thoburn. And inviting the Howard League for Penal Reform to Jersey to undertake their independent review.

Trying to do what was right for abuse survivors and today’s vulnerable children – after at least 6 decades of near-total and disastrous failure by public administration in Jersey.

And all the while being politically assaulted, oppressed, obstructed, smeared, lied to, lied against, denied due process, harassed by Bill Bailhache and Emma Martins and trampled into the ground by Frank Walker, his Council of Ministers and the rest of the oligarchy – not least Michael Birt and Phil Bailhache.

Simply for trying to do the right thing for vulnerable children – and those who had already been betrayed.

Reflecting upon the e-mail below, written in response to a message from the Greffe that Bailhache was obstructing my Official Comments – I can genuinely say I’m proud of it. Every syllable is true.

That even under the assault of massive and undefeatable odds – I still had the strength of character to stick to my guns – do what was right – and carry on fighting.

Just as I do today.

My granddad, Ernie Gould, would have been proud of me.

He certainly would not be proud of those who have, effectively, tried to destroy the democracy he fought for.

Stuart.

E-MAIL TO PHIL BAILHACHE:

1OTH SEPTEMBER, 2007.

—–Original Message—–
From: Stuart Syvret
Sent: 10 September 2007 19:51
To: Michael De La Haye (States Greffe); Bailiff of Jersey
Cc: Anne Harris; Lisa Hart
Subject: RE: Ministerial comments

Michael & Bailiff

‘News of the World’ it is then.

When I think that my grandfather fought the Nazis at Dunkirque, I know he would be spinning in his grave to see such a contemptible, disgusting, corrupt, self -interested perversion of the level playing field of democracy.

It isn’t bad enough that you, Phil, had me illegally and unconstitutionally excluded from the States for 6 months in order to help cover-up the brazen corruption of your friend Reg Jeune when he abused the island’s legislature to get a law through for his own law firm – but you seem too stupid to learn from your mistakes – and now you again apply a restrictive practice to me – and total freedom to your Jersey Establishment friends.

Not content that your Deputy Michael Birt allowed and endorsed a fast-tracked dismissal motion against me – outside of due process – you suppress the information which shows him, when Attorney General, to have failed to prosecute then Deputy Bailiff Frankie Hamon and your friend Jurat Le Breton, and Piers Baker – the man who thinks paedophilia is “teachers perks”.

You yourself have claimed that “parliamentary privilege trumps all”. Indeed, you relied utterly on such immunity yourself when you and Hamon had me thrown out of the States for 6 months – simply for pointing out that your friend Reg was being a crook. But now, however, when it comes to my right to access parliamentary privilege – not to mention my right to defend myself – suddenly there are a dozen and one reasons why my document cannot be printed.

You are anti-democratic – a gangster – and a spiv. But perhaps more fundamentally than this – you are simply thick.

I will repeat to you some of what I said recently to your brother William, the Jersey Attorney General – lest you be labouring under the delusion that you and your mobster friends hold any remaining power over me:

“Do you feel proud of all this? Does it make you feel good, as a Jersey man, that in the face of repeated grotesque failures in child welfare and protection – the entire panoply of the island’s oligarchy should unite to crush the two ordinary people who have spoken out on behalf of these children?

Let me tell you what I think. Though with hindsight, it was clear enough before; but this episode has demonstrated once-and-for-all the utter festering decadence of the Jersey Establishment. Its casual and ruthless use of its unchallengeable power – always to cement its own position and to trample down dissent. The self-satisfied wallowing in a cess-pit of wealth, power, greed and moral turpitude. It is the leadership by this Establishment that has led the community of Jersey to its ruination.

Although I’m not a religious person, on several occasions during this episode I have been tempted to look to the horizon to see if the Four Horsemen are approaching.

Personally, I will be immensely relived to get out of the intellectually and ethically bankrupt festering midden that is Jersey politics. You and the collection of halfwits you advise seem to be labouring under the delusion that I might be concerned about my political position. No William; on the contrary, I need to escape and cleanse myself after 17 years of swimming in the lake of filth, greed, stupidity, corruption and bacchanalian decadence that is Jersey politics and the ‘high’ society that controls it.

I suggested to my Ministerial colleagues a while ago that they might want to go and see a performance of Gotterdammerung. I think the message went completely over their heads. You, at least, are intelligent enough to, perhaps, just begin to see the waiting pyre.

But Wagner isn’t really my thing.

I don’t suppose you are familiar with the work of Bob Dylan. An extremely insightful writer of song, I have found a lot of comfort in his music recently when thinking about my own future.

“Go to him now, he calls you, you can’t refuse
When you ain’t got nothing, you’ve got nothing to lose””

So there you have it, Phil. It does not seem to me as though there is, frankly, much point in me coming to the Assembly tomorrow. I might just stand in the Square and hand out my “disallowed documents” to the public and journalists instead. And this e-mail, naturally. In fact – given your contemptuous – and contemptible – behaviour towards unbiased parliamentary democracy so clearly would I be wasting my time attending the farrago tomorrow – that I might just spend my time pushing all this material on to the internet and the national press?

This would, quite clearly, be a greater contribution to democracy than appearing in any legislature chaired by you.

You are a disgusting and silly little man – with the ethics of a Bangkok pimp – and a grasp of democracy that wouldn’t be out of place in Zimbabwe.

Senator Stuart Syvret
Minister, Health & Social Services
States of Jersey.

FREEDOM FOR SURVIVORS;

LEARNING THE LESSONS:

Will Jersey’s Government Embrace the Truth?

A Readers’ Quiz.

It’s a while since I ran a readers’ quiz, so I thought the next couple of days would be an opportune time to test your powers of imagination and deduction.

Before I put the question to you – a little background information.

Below this post I reproduce a proposition and accompanying report which I have tabled for debate in the Jersey parliament. We will probably reach it on Wednesday, perhaps, given other items on the order paper.

The report & proposition is self-explanatory – so I won’t repeat its contents. In nutshell – I am asking the States of Jersey to embrace the truth; to exhibit honesty – and to ensure that we learn the terrible lessons of the last 6 decades.

Crucial to that objective of ensuring that children are genuinely better protected in the future – is listening to those who have endured these terrible things.

I also strongly believe that all survivors do have an unassailable right to free speech as guaranteed under the European Convention on Human Rights.

And, frankly, ECHR or not – the least we can do for survivors is let them speak freely.

Predictably – that thinking – that approach – features nowhere in the response and ‘game-plan’ of the Jersey oligarchy. Instead they are striving mightily behind the scenes to get survivors to agree to confidentiality – or ‘gagging’ – clauses in exchange for some paltry compensation that wouldn’t even buy a decent car.

Silence is central to the position of the oligarchy. It is yet another brazen example of the Culture of Concealment – that they should be so indecently desperate to silence people – and prevent the truth from coming into the public domain.

But – of course – they would never admit that that was their motive.

So here is the readers’ quiz.

As we await the debate in the next couple of days – let’s hear your most imaginative ideas as to what arguments the oligarchy are going to use publicly – in their desperate opposition to the proposition below?

The establishment really has its work cut out this time; there is no rational, decent or ethical reason for opposing the proposition.

So let’s hear your predictions as to what intellectually and ethically bankrupt load of cobblers they’re going to churn out this time?

Stuart

CHILD ABUSE COMPENSATION CLAIMS: FREEDOM OF EXPRESSION FOR SURVIVORS.

THE STATES are asked to decide whether they are of opinion –

that in respect of claims being made against the States of Jersey by survivors of child abuse, the States shall not offer, seek or impose any form of confidentiality clause in any negotiations or settlement with claimants and their representatives, and to further agree that the States shall not make any request to a court, future redress board or similar body considering compensation claims, to impose such a clause as part of any judgment or settlement.

Senator S. Syvret

REPORT

This is a simple proposition which is easily understood, and has several objectives.

By adopting this proposition, the States of Jersey will be agreeing that, in the event of any civil claims being made against the States by survivors of child abuse, that no “gagging-clause” will be sought or required by the States, either in any out-of-court settlement, redress board or any civil proceedings before court.

The objectives of this proposition are:

1: To secure for, and guarantee to, survivors their Right to free expression as described in the European Convention on Human Rights.

2: To enable survivors, should they choose, to write books about their experiences, or engage in other public expression of their experiences and opinions.

3: To relieve survivors of the pressure and de facto blackmail many are being subjected to in an attempt to make them sign agreements which contain gagging clauses.

4: To enable survivors to contribute to the protection of children today and into the future, by bringing to public discourse their experiences and the changes they believe may be necessary.

5: To enable survivors to contribute to a full, transparent and honest public understanding of the facts, any deficiencies of public administration and the failings of specific services which may have occurred.

6: To enable the States of Jersey to benefit from the knowledge and experience of survivors, so that the public good is served through learning lessons from any mistakes that may have been made in the past.

Having described the objects and purposes of this proposition – we must also have a clear understanding as to what this proposition does not do.

• It does not pre-judge the conduct, culpability or liability of the States of Jersey.

• It does not pre-judge any current or potential criminal cases.

• It does not pre-judge the merits of any civil cases nor of any potential claims arising therefrom.

• It in no way obliges survivors to make public their experiences and opinions, should they prefer privacy.

• It does not relive survivors of any obligations they may have to maintain the confidentiality of their witness testimony in respect any criminal proceedings which may arise.

• It does not confer any immunity upon survivors from the established laws of defamation.

To summarise the above observations, by adopting the proposition, the States would be agreeing that survivors will not be gagged, and instead, will retain their Right to free speech as described in Article 10 of the European Convention on Human Rights, and that any restriction upon their Right to self-expression shall be no more than that which applies to any person.

I include Article 10 of the ECHR in full as Appendix 1, and quote the relevant section of Article 10 here.

The key part of Paragraph 1 of Article 10 says this:

“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”

THE NEED FOR THIS POLICY

It would be oh so easy – would it not – for the States to brush under the carpet its many failings towards the island’s children over the decades? To quietly put the failings behind us – having ensured that the truth remains hidden?

Very easy, indeed, to preserve and maintain the very culture of concealment which has enabled these issues to remain hidden for decades.

Whilst maintaining the culture of concealment would be very, very politically convenient for the island’s establishment – it is an inescapably clear fact that the public good – the public interest – requires the opposite.

Secrecy and concealment are the friends of child abusers.

If the government of this community cannot tolerate to hear, or to read, the experiences of survivors – to listen to them, to take them seriously, to believe them – then how can we – without shame – expect people in our society to take the subject seriously?

If no less an authority than the island’s government pro-actively strives to keep its malfeasances secret – what example, what moral leadership, do we exhibit in the battle against the secrecy that enables child abuse to flourish?

We must not carry out further oppressions against survivors by attempting to prevent them from expressing their experiences and feelings, should they so choose.

And the States of Jersey must, finally, show some leadership and responsibility by willingly accepting that the facts will emerge – so that we, as an administration, may learn from the mistakes of the past – and better protect children in the future.

Senator Stuart Syvret.

Financial and Manpower Statement

No financial or manpower implications arise from this proposition – save the possibility that from learning the truth, we may need to increase expenditure on child protection measures.

If necessary, could such measures seriously be opposed?

Senator Stuart Syvret.

Appendix

Article 10 of the European Convention on Human Rights

Article 10 – Freedom of expression

1: Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2: The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

COMPASSION AND SOLIDARITY

A PUBLIC EXPRESSION OF DECENCY

Join the Public March this Saturday

12.0 Noon – Peoples’ Park.

In Jersey this Saturday, we will be holding a peaceful demonstration in the form of a march from Peoples’ Park to the Royal Square.

Organised by survivors, supporters of survivors, and organisations such as the Care Leavers Association – this march will be an opportunity for decent people to come and join in and express support and compassion for survivors of abuse – wherever they may be.

Though organised by survivors, by taking part in the peaceful protest you will be helping to make a more general point concerning the frequently poor standards of public administration in Jersey.

Full details below.

Hope to see you there.

Stuart.

THE MARCH

On April the 25th 2009 at 12 noon there is to be a silent and peaceful march from Peoples Park to the Royal Square. The march will be in support and acknowledgement of victims of child abuse past and present across the world.

On October the 21st 1996 up to 300,000 Belgian citizens took to the streets wearing white ribbons and arm bands as a symbol of hope which became known as “The White March”. It was not only a march for hope but also a silent peaceful protest against their governments handling of the of the Marc Dutroux case which bears many similarity’s, not only to the way our government has handled the child abuse scandal that has hit Jersey, but the way child abuse is handled by some governments across the world.

We would like the Jersey White March to be non political or critical of our government or police investigation. We believe it will be an opportunity to show abuse survivors and the rest of the world that the good people of Jersey do not condone abuse of any human being – child or otherwise.

Abuse survivors, across the globe, have had theirs and their family’s lives torn apart, wrecked, and destroyed, not only by the heinous abuse they have suffered at the hands of their abusers but the wall of silence that inevitably surrounds the taboo subject of paedophilia.

This March has the support of the Care Leavers Association (CLA) and the Jersey Care Leavers Association (JCLA) Please give this march and all abuse survivors your support and show the world the good people of Jersey DO care.

We would ask that if you are able to attend the march that you wear something white, a symbol of hope.

If you are a blogger and support abuse victims around the world, please copy and paste this into your blog for this Saturday, the 25th April.

Thank you.

STRAIGHT POLICING IN JERSEY:

The Obstacles Good Men Face.

Read the Full Mail on Sunday Article.

Today the Chief Officer of the States of Jersey Police Force, Graham Power, resumes his court action against his unlawful suspension from his post.

And, as some people have, apparently, had some difficulty finding the full text of last week’s Mail on Sunday article, I thought it would be an appropriate occasion to post the full text here.

It is an important read for anyone concerned with honest, professional and objective law enforcement in Jersey.

Stuart

Mail on Sunday Article

A grandchild’s plea halts the former detective’s jaw-dropping tale of depravity and corruption midflow. ‘I’ve left my daughter’s boy hosing moss off the patio,’ Lenny Harper explains after he puts down his mobile phone. ‘The lad’s having such a good time, he wants me to go home and join in.’

Harper, 57, who initiated the controversial Jersey child abuse inquiry, could be forgiven for putting the investigation behind him and, after 35 years of police work, embracing retirement.

He and his wife Christina help look after two grandchildren, aged five and eight. The couple’s youngest daughter was widowed six years ago when her husband, the commanding officer of the Royal Military Police in Iraq, was killed in Basra.

But despite family demands – or perhaps because of them – Harper is now speaking for the first time about his experiences on Jersey. He is determined, as he sees it, to set the record straight and show that the ‘establishment’ attacking him is not only wrong, but rotten to the core.

Harper, a no-nonsense Ulsterman, spent his last year of service at the centre of world media attention, as journalists descended on the tiny tax haven to report on the police excavation of the former children’s home at Haut de la Garenne. Inmates had described horrific abuse taking place there and of children disappearing, never to be seen again. It was thought that bodies might be found.

After Harper retired last August, a new team of detectives denounced their predecessors’ concerns, skills and findings. Even the 65 children’s teeth unearthed from the home’s cellars were, the new men suggested, left for the tooth fairy.

Controversy still rages over the provenance and date of materials discovered at the site and police now say there were no murders. None of the three men – two of them former care workers – charged with abuse has yet been tried, and the Jersey authorities have portrayed the alleged victims as compensation-hungry criminals.

Graham Power, the head of States of Jersey Police, has been suspended, accused of illegal spending on the inquiry. Harper, his former deputy, has been ordered to return to the island for questioning about the alleged theft of documents. Two weeks ago, Stuart Syvret, Jersey’s former health minister who raised the issue of abuse, was arrested under data protection laws, accused of leaking material to the media.

Harper, dressed in a crinkled cream suit, seems genuinely unfazed. ‘I’ve served in Brixton, Peckham, Glasgow – I’m used to flak,’ he says. ‘I don’t care what a few establishment cover-up merchants and their pet poodles say about me. But I do care about the victims on Jersey. I’ll keep speaking up for their sake.’

Last month, he supported an application at London’s High Court by Syvret to ensure that the trials of any alleged Jersey abusers are heard in Britain by British judges. However, the court rejected the bid.

Harper says the investigation of Haut de la Garenne has ground to a halt.

But Harper insists the alleged victims cannot expect justice from what he says is the nepotistic Jersey establishment, where police, lawyers and politicians often socialise together or are related. He has now shared the contents of his shocking High Court statement exclusively with The Mail on Sunday. It details the corruption he claims to have uncovered on the island long before he began investigating child abuse.

‘The vast majority of cops on Jersey are honest and we owed it to them to bring to book the guys bringing them into disrepute,’ Harper says. ‘But the response of the authorities was to suppress everything.’

Harper was recruited to Jersey by Graham Power in May 2002 and learned quickly that the island had its own unique way of dealing with things.

‘I joined the States of Jersey Police as the Head of Operations in the rank of chief superintendent,’ he says. ‘Within weeks I realised that local politicians expected a degree of control over day-to-day operations that no UK police force would tolerate.’

The island operates an ancient, parallel system of Honorary Police – elected lay-people such as farmers or businessmen who can countermand the States of Jersey force. Extraordinary as it seems, only Honorary Police have the right to charge suspects.

The Connetable – the head Honorary Constable in each of the island’s 12 parishes –automatically has a seat in the States Assembly. The Honorary Police therefore appear, claims Harper, ‘hopelessly politicised’.

Custody sergeants have to consult these volunteers and advise them of all their evidence against suspects. Harper says: ‘Several times early in my posting I had to protest to the Attorney General’s legal advisers about a refusal to charge in cases where the evidence was overwhelming.’

The first serious challenge to Harper’s authority came when he tried to tackle arsenals of firearms on the island. The population of about 90,000 people held 10,000 licensed guns – and numerous unlicensed weapons including semi-automatic rifles. Yet Harper’s attempts to take action were repeatedly blocked by politicians.

‘Strenuous attempts were made to intimidate us into not taking action with allegations that we were Brits who did not understand the Jersey way of life,’ he says. ‘I was accused of trying to turn Jersey into Basingstoke.’

Some arms licenses had been granted in the knowledge that the applicant had criminal convictions, and Harper launched covert surveillance of some colleagues. Following a tip-off, he raided the home of a police civilian employee.

‘I recovered a huge number of firearms lying unsecured in a bedroom, including an RPG7 rocket launcher,’ recalls Harper. ‘Among the weapons were some that had been handed into the police previously for destruction. On the floor were 7.62mm rifles, machine guns, Magnum revolvers and a large quantity of ammunition.’ A Sea Cat missile launcher – usually carried on warships – was kept outside the home.

‘The employee was eventually convicted of unlawful possession of a firearm and ammunition,’ says Harper. The man was also convicted at a police disciplinary hearing of other offences, including falsifying records. But to Harper’s astonishment, he was not dismissed and the force had to take him back. Harper eventually forced him to resign.

During his investigation, Harper discovered that hundreds of people had not bothered to renew their firearms certificates and so launched a licensing campaign. ‘We started arresting those people who did not renew their licenses. They included police officers, politicians, lawyers and other prominent people. Most pleaded guilty and were given tiny fines by a sympathetic magistrate.

‘Politicians met and assisted corrupt police officers and their dishonest associates to mount high-profile media campaigns locally, alleging that they had been wrongly treated.’ Undaunted, Harper pressed on.

‘One guy asked for a gun to shoot pests and got one powerful enough to kill an elk, with a range of over two miles. Another had built up a horrifying arsenal of weapons and had been granted a firearms certificate by a Connetable despite being convicted in 1992 of possessing a prohibited weapon and supplying controlled drugs.’ When police raided his house, they recovered 18 weapons and 183,000 rounds of ammunition – enough to shoot Jersey’s population. Twice.

Harper has no idea why islanders amassed such arsenals and is reluctant to speculate on the reasons.

On another occasion, Harper says he discovered three employees were using police money to buy computers for private use. Some stored pornography. The Attorney General’s department refused to take legal action and politicians defended the employees. Harper ensured two were dismissed and the third eventually resigned.
In a separate case, three detectives were discovered selling intelligence to women linked to drug dealers in return for sex, says Harper. Despite film and audio evidence, no prosecution was authorised.

Secret filming of one detective’s office showed him kissing and being massaged by a lover. She then examined confidential police files relating to international terrorism. This same detective also sent texts to another lover, a convicted criminal and drugs gang associate, when three terrorist suspects were held in custody. He was also recorded divulging almost the whole of a Confidential Criminal Intelligence Report on a local criminal to his wife so it could be passed to the offender.

The same officer also kept at home personal details of someone offering intelligence on Northern Ireland. ‘The IRA have long been connected to Jersey,’ says Harper.

‘The island is a gateway to the UK and politicians’ indifference to security was astonishing.’

A criminal file was submitted to the Attorney General. The officer later pleaded guilty to 11 disciplinary charges and was ordered to resign.

The powers that be also seemed set on protecting the many officers accepting favours, such as foreign holidays, from a local businessman.

‘Some 16 to 20 officers admitted to me that they were being paid, in kind or otherwise,’ says Harper. Given that Jersey has only 240 paid police, this amounted to almost ten per cent of the force.

‘A file was submitted to the Attorney General seeking the prosecution of the businessman and a key officer for bribery and corruption. No case was brought. I then decided to prosecute the officer for a number of less serious offences for which the Attorney General’s authority was not needed. He was charged with offences of misuse of computers and was convicted of five such charges in the magistrates’ court.

‘The Attorney General also agreed to charge the businessman, but he was granted a number of adjournments at court. A few days after I left the island, all charges were dropped and he was awarded costs.’

During the Haut de la Garenne inquiry, Harper received dozens of abusive letters. He still has them, signed and written on headed notepaper. One says: ‘You are CRAP at your job. Would you PLEASE PLEASE give the JEP [Jersey Evening Post] a different photo. I had 7 of those and have used them all on the dartboard. I can understand why you don’t want to go back home, at least here you are quite safe. You never hear of people’s houses being Fire Bombed or Having Cars Torched. I’m sure you know what I mean.’

Harper says: ‘The author and four corrupt ex-officers made formal complaints against me. Four out of five so far have been found to be vexatious or unsubstantiated. But it was astonishing to find politicians supporting them.’

The former police chief also discussed the island’s culture of ‘perks’. ‘We prosecuted abusers at one school. A senior teacher told us, in all seriousness, that the children were abused only as some sort of reward for all the hard work he had put into them, like it was a teacher’s perk.’

The Haut de la Garenne inquiry developed when, as part of the worldwide Operation Ore, the commanding officer of the Jersey sea cadets was arrested in 2006 for downloading pornographic images of children. Paul Every was subsequently convicted of child pornography offences.

Harper discovered that allegations against sea cadet volunteers went back years. ‘Some of the victims were children from Haut de la Garenne, taken sailing for a treat. The victims described being taken into international waters, where guests were invited to abuse them.

‘The allegations hadn’t been investigated properly. Two senior police officers had put pressure on junior detectives not to interview the perpetrators, and were implicated in the disappearance of evidence and putting pressure on victims to retract. These officers were also members of the yachting fraternity.’

So why did police make the dramatic decision to excavate Haut de la Garenne? According to Harper’s High Court statement, the £7.5 million operation began only after extensive consultation with UK experts and police.

After Harper’s departure last summer, the course of the investigation was radically altered. The inquiry has now, Harper claims, effectively ground to a halt. Before leaving the island he succeeded in charging three suspects with serious sexual offences. But nearly a year later, none has been tried.

Soon after taking over, Harper’s successors called a Press conference to attack his inquiry. He was depicted as an over-excitable and inexperienced officer.

Yet during his career Harper had run ‘several dozen’ murder inquiries, ‘more rape and abuse cases than I can count’ and won two of his five commendations for tackling terrorism in Northern Ireland. He also has a Masters degree in criminal justice.

Harper shows me professional assessments made on him only when I ask for them. In one, Sir William Rae, the former Strathclyde Chief Constable, praised him as ‘intelligent, articulate and dedicated’.

‘We worked very hard to win the victims’ confidence,’ Harper says of the Haut de la Garenne inquiry. ‘I think now they will feel that there is nothing that they can do.

‘Jersey is claiming that I left with loads of documents, unused material that could be needed in court. I think they’re saying that so that cases can be thrown out. I have offered to go to any court in the UK and answer questions about alleged unused material.’

Harper ended his affidavit to the High Court by saying: ‘With such an absence of controls, such an absence of accountability, the ordinary, decent citizens of Jersey are helpless. Intentionally or not, the system has allowed corruption to flourish to such an extent that those seeking to combat it are the ones open to scorn.’

While he is grateful for the ‘ tremendous support’ he received from many fellow officers and islanders during the Haut de la Garenne inquiry, Harper concedes there were times when personal attacks left him depressed. Some of those police officers he had prosecuted or forced to resign became active in a smear campaign, alleging that Harper himself was corrupt.

‘How come all these bent cops were able to complain about us, and their complaints were investigated at huge cost, but our investigations were closed down?’ Harper asks. ‘I’ve often wondered what it was that we were really threatening.’

JERSEY: AWAITING ITS DUNBLANE.

“18 weapons and 183,000 rounds of ammunition – enough to shoot Jersey’s population. Twice.”

“On the floor were 7.62mm rifles, machine guns, Magnum revolvers and a large quantity of ammunition. A Sea Cat missile launcher – usually carried on warships – was kept outside the home.”

You Couldn’t Make it Up.

The Madness Lenny Harper Fought Against.

The Madness Protected by the Jersey Oligarchy.

Given the relapse of the Jersey Evening Post into propaganda-rag syndrome – just when it looked like it was taking its first, faltering steps towards being a proper newspaper – I had planned to write an analysis of the factually wrong and calculatedly dishonest editorial leader comment The Rag published on the 16th April.

And reflect upon the startlingly obvious contempt The Rag has for its readers.

However, other events being more topical – I’ve decided to leave such grim entertainments for later in the week.

Instead, I thought we’d take a look at the following issues.

The lawless, corrupt and dangerous state of Jersey as describe by Lenny Harper in his affidavit, and the reporting of some of its content in today’s Mail on Sunday newspaper.

The Damien Green Affair – and the likely response of the Jersey oligarchy to the qualitatively identical police action against me.

And – what the cops were looking for when they turned over my home – without a search warrant – at the behest of Jersey Attorney General William Bailhache.

The Mail on Sunday carries an excellent article in today’s edition about the corruption rife in Jersey – and the near-impossible task decent men face in trying to challenge it. It features Lenny Harper – and various observations of his on the wretched state of the rule of law in this island.

The interview with Lenny is drawn from certain parts of the affidavit he prepared at my request to use as evidence in court in London. So when reading it – bear in mind the fact he remains willing and able to stand in a court of law, be cross-examined and testify under oath as to the accuracy of his account.

In truth, Jersey’s Attorney General, William Bailhache should have resigned – or been sacked by London – a long time ago in consideration of the various well-documented perversions of the course of justice he has engaged in.

As more evidence emerges, such as the information in The Mail on Sunday, Bill Bailhache’s position grows – and will continue to grow – more untenable by the day. If the man possessed an atom of integrity or humility – he would simply resign.

Following my unlawful arrest, detention and the searching of my home without a search warrant, a number of us will be signing a letter of complaint to Jack Straw – demanding the sacking of Barking Bill. Straw won’t act, of course – but his inaction will be added to our next attempt to make the UK Justice Secretary answerable to a UK court – for failures to carry out his UK legal duties – resulting in the UK being in breach of the European Convention on Human Rights.

Who knows – next time we may even get two judges who aren’t, (a) a flasher – and (b) a friend of Phil Bailhache.

The material revealed in the Mail on Sunday today shows to ordinary, decent ‘middle Jersey’ – just how stagnant, corrupt, unethical, lawless, unchallengeable and, frankly, dangerous – our present power structure is.

Dozens of gun-obsessed individuals, in possession – illegally – of a horrifying arsenal of powerful weapons and many, many thousands of rounds of ammunition.

Just consider this passage from the Mail on Sunday interview:

“Some arms licenses had been granted in the knowledge that the applicant had criminal convictions, and Harper launched covert surveillance of some colleagues. Following a tip-off, he raided the home of a police civilian employee.
“I recovered a huge number of firearms lying unsecured in a bedroom, including an RPG7 rocket launcher,’ recalls Harper.’Among the weapons were some that had been handed into the police previously for destruction. On the floor were 7.62mm rifles, machine guns, Magnum revolvers and a large quantity of ammunition.’ A Sea Cat missile launcher – usually carried on warships – was kept outside the home.”

Yet notwithstanding Mr. Harper’s efforts – it was virtually impossible to get serious action – if any – taken against many of the individuals in unlawful possession of such weapons.

The obstructions to the proper rule of law were engaged in by figures at all levels of Jersey’s traditional ruling grouping – from the political honorary police forces of each parish – all the way up to the Attorney General, William Bailhache, who controls them.

When Jersey has a Columbine or Dunblane-type massacre carried out by one or more of these nutters – you or your family could be the victims.

Other people cannot be responsible for the actions of psychopaths – and no system of regulation could ever guarantee complete protection from them.

But respectable, law-abiding societies do all they can to militate against such risks.

However, William Bailhache preferred not to upset the traditional establishment power-base upon which people like him depend – instead, effectively placing political considerations – over and above the safety of you and your family.

One can only wonder at the murderous bloody carnage the maniacs who have carried out these atrocities in the past would have wrought – had they had possession of RPG 7 rocket propelled grenades – and a Sea Cat missile launcher?

You know, it’s quite remarkable – or not, if you believe in common decency – that I, an underclass centre-left, Green politician – should have found common cause with Mr. Harper – a conservative, highly experienced, former RUC police officer.

Perhaps he too is a “closet anarchist” – out to destroy civilised society – as the increasingly insane Jersey establishment would have the world believe of those who criticise them?

Turning to the emergency meeting of the Jersey parliament called for Tuesday.

The purpose of the meeting is to discuss the democratic, civil-liberty and political implications of my unlawful arrest and detention, the searching of my home – without a search warrant – and the stealing of privileged information concerning my constituents.

Now – you’re a reasonably intelligent person – so you will have readily grasped the fact that the meeting and the debate is not really about me as an individual.

Instead – it is about the very serious implications for representative democracy in Jersey.

You will have seen TV news and read newspaper articles concerning the arrest and detention of Damien Green MP, and the consequent taking by the police of privileged communications between him and his constituents and campaigners.

You understand what an immense controversy this episode has caused – and you understand why.

As Mr. Green himself has said:

“This was the first time since we became a democracy that an opposition MP had been arrested for political work. Of course MPs are not above the law, but by any standards what I was doing was political work of the kind that has been done by politicians for years, notably and very successfully by Gordon Brown. Arresting opposition politicians is something you associate with police states.”

Mr. Green is a Conservative MP – and much like Lenny Harper – not a person you would readily associate with supposed anarcho-commie plots to overthrow the state.

The issues are, I might suggest, readily grasped by any thinking democrat.

However, Jersey Senator Ben Shenton would not appear be in that category.

In yesterday’s edition of The Rag – we learn from the Senator that he will boycott the States meeting on Tuesday – the topic of the privileged relationship between elected representatives and the public – not to mention the more general civil rights issues – being, apparently, nothing more than a “waste of time” and a “circus”.

He says:

“I won’t be attending the States on Tuesday. I was elected to represent the people of Jersey, not errant politicians who believe themselves to be above the law.”

And to think – this intellectual colossus intends to be Jersey’s next Chief Minister.

Just imagine – a modern, democratic state led by a person who believes that tyranny by the majority (ask someone to explain it to you, Ben) and the unlawful oppression of minority politicians and the theft of privileged communications between them and their constituents – is perfectly OK?

The politically motivated police action against me – and the action taken against Mr. Green are qualitatively identical.

And as we see in the Damian Green affair – all shades of the respectable political spectrum are united in their recognition of the dangers to representative democracy which arise out of the action against the MP – and all are united in condemnation of it.

Look, Ben – I’ll try and illustrate the problem for you, OK?

Now, this is nice and simple.

The debate is not about me.

The debate is about the fundamental freedoms and democracy won for us by our grandfathers on the beaches of Normandy.

Let us assume, for arguments sake, that I am 100% wrong in my political battles.

Let us assume that The Rag and the oligarchy it serves are correct.

Let us agree, as the Jersey Evening Post would have us believe, and for the purposes of this debate, that I am, in fact, some conflation of the anti-Christ, Stalin, Bakunin – and, just for good measure, a really serious threat to civilized society, such as an investment banker.

If all were true – it would not make one atom of difference to the principles involved.

Quite regardless of the fact that the oppressed politician happens to be me – it would still be a threat to representative democracy to have politicians hounded by the police and the prosecution system, be arrested and detained for 7 hours, have their home ransacked – without a search warrant – and their privileged communications stolen.

It would be unacceptable against any politician.

Even you, Ben.

But for all his pseudo Man-of-the-People shtick – when the chips are down, Senator Shenton is an establishment man – through and through. Remarkably like Terry – ‘man-of-the-people’ – Le Main.

Who knows – he may even have been asked to make a fool of himself on the pages of The Rag by other oligarchy representatives – who are looking for excuses to boycott Tuesday’s States meeting in the hope it won’t be quorate.

Yes, there’s a Jersey Establishment Party ‘three-line-whip’ doing the rounds, in the hope that the meeting will be inquorate.

You see, at the moment, they’re wrestling with the decision as to which path of action would be the less embarrassing – obstruct the debate simply by not turning up? Or obstruct the debate by turning up – and voting not to debate the proposition that day?

Sadly – they are that stupid.

It plainly not occurring to these clowns that the most embarrassing outcome – the action which would inflict the most damage on the reputation of the Jersey oligarchy – such as it is – would be to not debate the proposition.

Such an event would simply prove that the Jersey parliament was alone – amongst the legislatures of all respectable, western democracies – in being quite happy for its members to be politically oppressed through unlawful police action.

Hey! It would be so damaging to the oligarchy I’m tempted not to attend myself!

But no – I will be there to do my duty – though quite why I should be participating in a debate that furnishes the establishment with a damage-limitation opportunity – I’m not really sure.

Now – I’m sure there was something else I meant to mention?

Ah yes – I remember now.

The information the police and Bill Bailhache were looking for.

They didn’t find it.

And, you know, you really wouldn’t need to be Sherlock Holmes to have deduced that it wouldn’t be here.

The really – really – important material I have accumulated in the context of the Jersey Child Abuse Disaster during the last couple of years – has been dealt with – in exactly the same way as all of the most fascinating documentation I have carefully accumulated during the last 20 years.

Which is to say – never held in any electronic format – hard copies only; multiple duplicated – and carefully safeguarded in at least three different jurisdictions – Jersey not amongst them.

So, Bill – your storm-troopers had a wasted trip – in their efforts to find such things as my full copies of the McGuire files.

Those particular files shall wait – like a time-bomb – for you and your oligarchy allies to finally confirm to the victims of those two maniacs that no action will be taken.

We shall wait for you – or whoever succeeds you – to assert that the McGuires will not be extradited from France – “because it isn’t possible” – in Bailhache world – for two criminals to be extradited from France to the UK.

Just as soon as your cruel and abusive prevarications end – then the world will be able to see the supposed “insufficient evidence” by which Michael Birt – and now you – adjudged yourselves able to bury the truth.

The rule of law is broken in Jersey.

In the hands of our oligarchy – the criminals are let off.

And the victims of crime are betrayed.

Again and again.

But the fight against this stagnation and rottenness will continue.

Perhaps next time Bill Bailhache sends his cops around to raid me, they’ll be using RPG 7s and their Sea Cat missile launcher – mounted on the back of a pick-up?

Frankly – I wouldn’t be surprised.

Stuart

EMERGENCY STATES ASSEMBLY MEETING

TUESDAY, 21ST APRIL, 9.30 A.M

Responding to the Assault

On Representative Democracy.

I reproduce below this posting, the proposition and report which has been tabled for the emergency meeting of the States this coming Tuesday.

Fortunately – for the good of Jersey – a number of States members have immediately recognised the very serious implications arising from my unlawful arrest and detention; the searching of my home without a search warrant – and the subsequent theft by the police of a variety of privileged information, including private communications between my constituents and I, and communications with other States members.

Deputy Geoff Southern has taken the lead in this matter, but he has had no shortage of support for his proposition, and the necessary requisition of an extraordinary meeting of the island’s parliament.

Thinking States members can see plainly the threat to their work as politicians and their constituents’ private information now established by the unprecedented action taken against me.

It is also recognised that such conduct by the ruling power claque against minority, or opposition, members of the Assembly can do nothing other than profoundly damage Jersey’s standing as a functioning democracy.

The report & proposition – quite rightly – does not focus on my specific case; rather it is concerned with the principles involved and the future functioning of effective democracy in Jersey.

Readers will see that the wording of the proposition itself , found in paragraphs (a) to (e) below, is entirely reasonable under the circumstances, and nothing more than would be expressed by other self-respecting legislatures should similar action be taken against their members.

What’s the betting the States Assembly rejects it? Or, extraordinarily, even refuse to debate it this coming Tuesday?

Sadly, I think we all understand those odds only too well.

I reproduce below the proposition & report. I’ve taken the liberty of placing the Articles of law quoted at the end – as the report will be of more interest to general readers.

See you on Tuesday.

Stuart.

STATES OF JERSEY

ARREST AND DETENTION OF SENATOR STUART SYVRET AND ASSOCIATED MATTERS

Lodged au Greffe on 16th April 2009 by Deputy G.P. Southern of St. Helier.

PROPOSITION

THE STATES are asked to decide whether they are of opinion −

(a) to express their concern in respect of the apparent interference in the communications between elected representatives and their constituents which arises from the arrest and detention of Senator Stuart Syvret on 6th April 2009;

(b) to further express their concern in respect of the suppressing effect of such actions upon other elected representatives, and members of the public;

(c) to further express their concern in respect of the searching of premises, without a search warrant, and the consequent taking of communications between members of the public and their elected representatives;

(d) to request the Minister for Home Affairs to make an urgent statement concerning the decisions, whether operational or political, taken by the States of Jersey Police and the Minister in relation to the arrest and detention of Senator Stuart Syvret;

(e) to request the Privileges and Procedures Committee to make an urgent statement explaining the extent of the protection offered to States members, and their constituents, by parliamentary privilege.

DEPUTY G.P. SOUTHERN OF ST. HELIER

REPORT

Emergency States Sitting.

This is an urgent proposition, dealing as it does with matters of immense gravity that go to the very heart of free, functioning democracy in Jersey.

This proposition most certainly amounts to, as standing order 26 (7) says, “a matter of such urgency and importance that it would be prejudicial to Jersey to delay its debate.”

The States Assembly will, therefore, be asked at the beginning of the requisitioned meeting, to agree – as described in standing order 26(7) – to set aside the minimum lodging period in respect of this proposition.

The facts

At approximately 9.00 a.m., on Monday 6th April 2009, Senator Stuart Syvret, the senior Senator of the States Assembly, was arrested by the States of Jersey Police as he stepped from the door of his home. The arrest took place in the presence of approximately 8 police officers who were on the scene in 4 police vehicles.

Senator Syvret was told he was under arrest for alleged breaches of the Data Protection Law, and was, more specifically, later told that the alleged offences related to material published on his Internet blog.

The Senator’s home was then searched, although no search warrant was issued for the alleged offence under Schedule 9, Article 50, Data Protection (Jersey) Law 2005.

The implications

The manner of Senator Syvret’s arrest, the search of his home without a warrant, and the taking away of some of his possessions and the possessions of others residing in the premises raises serious concerns for democracy in Jersey, Jersey’s external reputation, Parliamentary Privilege, the Rule of Law, and the accountability, control, and judgement of the police and judicial authorities.

For the avoidance of doubt, this proposition is not about –

1. Senator Syvret as an individual;

2. the merits or otherwise of any allegations or charges being made or brought against him by the police; or

3. the content of his blog.

The proposition, however, is about –

1. The reputation of Jersey as a democracy

It is difficult to describe the damage to Jersey’s reputation – even its very appearance as a functioning democracy – if Laws are used against members of the legislature and their constituents, in ways that appear to be disproportionate and of dubious validity.

The arrest and detention of a member of the legislature, and the searching of his home – without a search warrant – can only make Jersey appear as some kind of democratically bankrupt republic like Zimbabwe.

2. Parliamentary Privilege

The rights and privileges of parliamentarians have been the subject of a long and protracted battle over the last 400 years and should not be discarded lightly.

What is of profound concern is that any members of the Jersey parliament can be arrested in a patently excessive manner – and their home be searched by a large number of police officers – merely for publishing information which they believe to be in the public interest.

Of grave concern is that some of the material seized at Senator Syvret’s home not only concerned privileged communications between him and his constituents, but also similar privileged communications between another States Member and their constituents.

The information and equipment seized by the police included documents and computers owned by the Senator, as well as his Security ID fob for access to the States network, thereby giving the police access to communications between other States Members on a wide variety of issues, including the suspension of the Chief of Police and other allegations of police misconduct. In addition, computer equipment belonging to other family members not connected with the police enquiries was also removed for examination.

The police action can only be viewed as a direct threat to the people of Jersey and the democratic right of the public to communicate with their political representatives and for those representatives to fearlessly fight for their constituents.

A number of other States members now feel threatened and constrained in their work as elected representatives of the people of Jersey, as a direct consequence of the actions against the Senator.

If States members can have their communications interfered with and can be arrested and detained in a police cell for 7 hours, whilst their home is searched – without a search warrant – then Jersey is not a functioning democracy; instead members will always feel threatened by the prospect of such excessive and abusive actions against them.

The anger from all sides of the House of Commons in the United Kingdom at the arrest of Damien Green M.P., and the searching of his office, illustrates just how diligently members of a legislature guard their right to be free from persecutions and trivial harassments so they may speak and act for their constituents without fear.

If members of the States of Jersey fail to express similar concerns, the damage to our reputation will be colossal.

3. The misuse of the Police Procedures and Criminal Evidence (Jersey) Law 2003

Senator Syvret was told he was under arrest for alleged breaches of the Data Protection Law, and was, more specifically, later told that the alleged offences related to material published on his Internet blog. Information which the Senator believes is in the public interest.

If the Senator was allegedly in breach of the Data Protection (Jersey) Law 2005, which has specific provision in Article 50, Schedule 9, for the search of premises and the seizure of material, why were these provisions not used instead of Article 29 of the Police Procedures and Criminal Evidence (Jersey) Law 2003? Especially as the raid was obviously a pre-planned operation on Senator Syvret’s home. Why was Senator Syvret not merely invited to attend the Police Station?

4. Double standards

Why have the police gone to such extraordinary measures in this case when there have been other well-documented breaches of the Data Protection Law by other States Members – breaches of no public interest merit – which have not merited such action?

5. Role of elected and unelected Members of the States and Honorary System

A further consideration arises which directly affects the credibility of the Assembly as presently constituted. What was the role of the Bailiff, Deputy Bailiff, Attorney General or Solicitor General or Minister for Home Affairs in this affair?

Did the Connétable of the relevant parish know anything of the action against Senator Syvret? Did the States police undertake such a dramatic action without any prior consultation or notice to the honorary police in the parish?

Were any of the Connétable’s honorary officers actually involved in the action?

What role, if any, did the Connétable himself play in the planning or execution of this policing action in his parish?

Those supporting this proposition believe it to be absolutely vital to Jersey’s standing as a respectable democracy that the legislature meet as a matter of great urgency in order to debate the implications of the arrest and detention of Senator Stuart Syvret.

The Assembly must debate these issues in order to restore the public’s confidence in their ability to communicate freely and in confidence with their elected representatives.

The Minister for Home Affairs must be asked for an urgent statement concerning the decisions, whether operational or political, taken by the States of Jersey Police and the Minister in relation to the arrest and detention of Senator Stuart Syvret.

The Chairman of the Privileges and Procedures Committee must also be asked for an urgent statement outlining the extent of the protection offered to States members and their constituents by their parliamentary privilege.

Both democracy and the rule of law have been shaken by recent events.

The Assembly must exhibit the appropriate leadership.

Deputy Geoff Southern.

The Relevant Laws

Schedule 9 of the Data Protection Law states –

“1 Interpretation

In this Part –

“occupier” of premises includes a person in charge of a vessel, vehicle, aircraft or hovercraft;

“premises” includes a vessel, vehicle, aircraft or hovercraft;

“warrant” means warrant issued under this Schedule.

2 Entry and search

(1) If the Bailiff or a Jurat is satisfied by information on oath supplied by the Commissioner that there are reasonable grounds for suspecting –

(a) that a data controller has contravened or is contravening any of the data protection principles; or

(b) that an offence under this Law has been or is being committed, and that evidence of the contravention or of the commission of the offence is to be found on any premises specified in the information, the Bailiff or Jurat may issue a warrant to the Commissioner.

(2) The Bailiff or a Jurat shall not issue a warrant in respect of any personal data processed for the special purposes unless a determination by the Commissioner under Article 45 with respect to those data has taken effect.

(3) A warrant may authorize the Commissioner or any of the Commissioner’s staff at any time within 7 days of the date of the warrant to enter the premises, to search them, to inspect, examine, operate and test any equipment found there which is used or intended to be used for the processing of personal data and to inspect and seize any documents or other material found there which may be such evidence as is mentioned in sub-paragraph (1).

3 Additional conditions for issue of warrant

(1) The Bailiff or a Jurat shall not issue a warrant unless satisfied –

(a) that the Commissioner has given 7 days’ notice in writing to the occupier of the premises in question demanding access to the premises;

(b) that either access was demanded at a reasonable hour and was unreasonably refused or although entry to the premises was granted, the occupier unreasonably refused to comply with a request by the Commissioner or any of the Commissioner’s staff to permit the Commissioner or the member of staff to do any of the things referred to in paragraph 2(3); and

(c) that the occupier, has, after the refusal, been notified by the Commissioner of the application for the warrant and has had an opportunity of being heard by the Bailiff or Jurat on the question whether or not it should be issued.

(2) Sub-paragraph (1) shall not apply if the Bailiff or Jurat is satisfied that the case is one of urgency or that compliance with that sub-paragraph would defeat the object of the entry.”

The police instead used powers under Article 29 of the Police Procedures and Criminal Evidence (Jersey) Law 2003.

Article 29 of the PPCE Law states –

“29 Search upon arrest

(1) A police officer may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the police officer has reasonable grounds for believing that the arrested person may present a danger to himself or herself or others.

(2) Subject to paragraphs (3) to (5), a police officer shall also have power in that case –

(a) to search the arrested person for anything which the person might use to assist him or her to escape from lawful custody or which might be evidence relating to an offence; and

(b) to enter and search any premises in which the person was when arrested or immediately before the person was arrested for evidence relating to the offence for which he or she has been arrested.

(3) The power to search conferred by paragraph (2) is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.

(4) The powers conferred by this Article to search a person shall not be construed as authorizing a police officer to require a person to remove any of his or her clothing in public other than an outer coat, jacket, gloves or headgear, but shall authorize a search of a person’s mouth.

(5) A police officer may not search a person in the exercise of the powers conferred by paragraph (2) (a) unless the officer has reasonable grounds for believing that the person to be searched may have concealed on him or her anything for which a search is permitted under that sub-paragraph.

(6) A police officer may not search premises in the exercise of the power conferred by paragraph (2) (b) unless the officer has reasonable grounds for believing that there is evidence on the premises for which a search is permitted under that sub-paragraph.

(7) In so far as the power of search conferred by paragraph (2) (b) relates to premises consisting of 2 or more separate dwellings, it shall be limited to a power to search –

(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his or her arrest; and

(b) any parts of the premises which the occupier of that dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(8) A police officer searching a person in the exercise of the power conferred by paragraph (1) may seize and retain anything the officer finds, if the officer has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to any other person.

(9) A police officer searching a person in the exercise of the powers conferred by paragraph (2)(a) may seize and retain anything the officer finds, other than items subject to legal privilege, if the officer has reasonable grounds for believing –

(a) that that person might use it to assist him or her to escape from lawful custody; or

(b) that it is evidence of an offence or has been obtained in consequence of the commission of an offence.

(10) Nothing in this Article shall be taken to affect the power conferred by Article 39 of the Terrorism (Jersey) Law 2002.”

JERSEY FINANCE

Are You an Off-Shore Client of Jersey?

Do Your Private Financial Affairs

Go Through Institutions Here?

Would you prefer that law-enforcement agencies didn’t take too close a look at the minutia of your taxation and financial arrangements?

Then it’s time to change jurisdictions.

As readers will have gathered, recent days have been spent in a very close analysis of various laws, such as the Police Procedures and Criminal Evidence (Jersey) Law 2003.

It is that law which Bill Bailhache and his Police Force relied upon in arresting me, circumventing the established requirements to obtain search warrants, so they could ransack our home and steal a great deal of private information concerning my constituents.

Bailhache has, so far, made two assertions in relation to this case, namely that he “didn’t know about the Police action and wasn’t involved” – and in response to an e-mail from me – that in any event, “the action was lawful”.

Both of these assertions are manifestly complete rubbish and, frankly, an insult to the intelligence of the average person.

We’re supposed to believe that a massed Police raid on a senior member of the island’s parliament, the tenuous and desperate gamble of relying on the PPCE law, the total failure to obtain a search warrant, the arrest, and detention for 7 hours, of an opposition MP, the ransacking of the home he shares with another member of the Jersey parliament – and the theft of copious amounts of private, constituents’ material – was conducted on some random whim of the Police?

You’re reasonably intelligent, right?

Contemplate yourself – considering the magnitude, consequences and fall-out of such actions before they were undertaken.

What conclusion do you come to?

That such actions will have to be undertaken – can only be undertaken – with full knowledge, authorisation and co-operation from the very highest levels of Jersey’s corrupt and ethically bankrupt prosecution and judicial system.

Of itself, the very fact that they took the extreme risk of not obtaining a search warrant, shows that it was a political action, undertaken at the whim of the Bailhache Brothers. Obviously, if our police force felt the need to raid me, and pausing their more usual activities, such as beating up intoxicated children, taking bribes, and ensuring that child abusers don’t get charged – they’d have followed procedure and sought a warrant.

There is plainly a reason why no warrant was used – namely that the Bailhache Brothers and the rest of the crooks considered that it might add yet further evidence to the contention that the administration of justice in Jersey is broken and non-functional, if they or a Jurat granted a warrant – given they are all conflicted from any case involving me.

The oligarchs followed a chain of “reasoning” spectacularly disastrous in its ineptitude.

And explaining just why the criminal action against me is so potentially catastrophic will be my chief subject for today.

But before moving onto that subject, let us – in related considerations – just finish our contemplation of Bill Bailhache.

Certain facts are obvious and immutable.

The illegal raid had been contemplated and planned for a long time.

The particular moment of last Monday was very carefully chosen for several reasons.

The Police have obviously been wire-tapping the phones, and hacking the e-mails of my partner and I. These actions will have to have been authorised by Phil, Birt, Bill or his factotum, or other members of our totally conflicted judiciary.

They knew my partner would be away with her children, thus reducing the controversy from that which it would have been, had they raided and turned over the home with her and the children present.

They also knew the outraged reaction to this police-state stunt would be somewhat reduced because the Easter holidays having just begun, a lot of islanders would be away on holiday.

And – quite plainly – they had to choose a time which coincided with a period when the House of Commons wasn’t sitting – thus hoping to avoid the fall-out of the inevitable Early Day Motions. But those will still happen, of course.

The careful, political plotting which went into the criminal, banana republic type raid and search is glaringly obvious to anyone with a reasonable degree of intelligence.

Although at least two thirds of the island’s lawyers are terrified of the prospect of Barking Bill becoming a judge, some people used to regard him as possessing an elevated degree of intelligence – at least in comparison to his brother, Phil, who possesses the IQ of an artichoke. So we aren’t speaking of a particularly high benchmark here.

But even though most of Jersey’s lawyers, accountants, bankers and so-forth hate me – many of the more intelligent ones can see the risks and jeopardies which their businesses are confronted with as a result of having faintly deranged, politically motivated clowns in charge of Jersey’s prosecution and judicial apparatus.

As I’ve remarked previously, I speak with some lawyers, bankers and accountants, who don’t share my political views. But many cannot help themselves expressing to me what a total, bloody nightmare it is for them and Jersey’s finance industry in having such deeply eccentric and politicised individuals in charge of the island’s judicial systems.

Reputation is everything. And Jersey’s attempt to fend-off external attacks, pressure and competition have been largely based upon the notion that “we are a respectable society – unlike some of our banana republic off-shore competitors. You can come and do business with us, secure in the knowledge that your affairs will be properly protected by the effective rule of law.”

Bearing that ‘sales-pitch’ in mind, a banker who cheerfully tells me he would never vote for me, told me a couple of days ago, ‘not two weeks pass without the Bailhache Brothers, or some other senior establishment figures, making me cringe.’

And recent events have trained him sufficiently to be a serious competitor in a gurning competition.

Because he – and a silent, but terrified, majority of his money-men colleagues – contemplate the misapplication and abuse of the PPCE law, as used against me, and envisage the smoking ruins of their industry and livelihoods.

For what was so disastrous in the unlawful action taken against me on Monday – is the effective destruction of all the traditional safeguards and checks and balances involved in requiring the Police to obtain a search warrant from higher authorities.

Let us speak plainly; Jersey’s economy is, to all practical purposes, utterly dependent upon the off-shore finance industry.

And, yes, yes, we’re a legitimate and respectable finance centre.

But let us be honest – rare indeed will be the Jersey finance industry business that could declare, with absolute certainty, that they had no clients at all who the taxation and law-enforcement agencies of many other jurisdictions and – in this age of international regulatory agreements – the local Police, would not have a certain interest in.

Of course, I’m sure all our clients are perfectly legitimate and law-abiding and are, in no way, rampantly breaking the taxation laws of their respective countries.

But – we know, don’t we, just how mischievous and excessive the Police Force can be – especially when driven by increasingly empowered and over-zealous officials in places like the USA, Germany, France – etc, etc.

We know just how much they would love to be able to embark upon raids, searches and data seizures by way of ‘fishing-expeditions’.

But of course – Jersey, and its off-shore clients – are protected from such invasive and embarrassing actions through the traditional and strict requirement for the Police to obtain search warrants before undertaking any such raid.

No longer.

If the events of last Monday were in any way faintly legitimate – suddenly the Jersey law enforcement apparatus has divested itself of all that terribly tiresome business of having to seek and justify obtaining a search warrant.

Imagine – you have some zealous cops in the leadership of the local force; their mates in UK Special Branch, or the FBI from over the Pond, decide that clients X, Y, Z might have been breaking their tax-laws by using Jersey’s finance industry. They have reason to believe that criminal activities may have been committed in the offices of Big World Bank Ltd, or Grifters International Charted Accountants LLP, or Legislature For Hire Advocates of Grenville Street.

These unreasonable law enforcement officers want to go on a ‘fishing-expedition’ – to dig out every little personal detail of the clients’ financial affairs. Before last Monday, in Jersey any such raid and seizure of computers and other records would have had to satisfy the high, procedural hurdle of going before the relevant authorities to obtain a search warrant.

But after the events of last Monday, consider: – the cops wish to raid your offices – and seize all the records of your USA clients; they don’t think they’d get a search warrant – so they wait for you to step out of the building – problem solved.

You have now been arrested just outside your offices, on suspicion of helping your clients to break the law. The cops have “reasonable grounds” for believing that evidence of that alleged crime is in the building you have just left.

They are now at perfect liberty to ransack the entire building, remove all computers and files – and then trawl through the minutiae of each of your clients’ affairs.

Puts a rather different perspective on the security and confidentiality of Jersey’s off-shore finance sector – doesn’t it?

If I were an overseas client whose financial affairs were transacted in Jersey – I would be on the phone – this very instant – ordering the immediate transfer of all my business affairs and any associated records out of Jersey – and into a jurisdiction with effective checks and balances.

So now, bankers, accountants and lawyers are frightened; their clients are frightened.

No safeguards against random abuses of police power to search premises and remove “evidence”? No absolute requirement to obtain a search warrant?!?

So, you rush, in a cold sweat and wide-eyed, to grab a copy of the PPCE law – and feverishly thumb through it until you alight upon, say, Part 3, Powers of Entry, Search and Seizure.

Phew! – Panic over. Lots of good, solid, safeguards there, in Articles 15 to 18.

But hold on. You read and re-read Articles 19 and 20 – and suddenly it all gets very nebulous again. You can’t help but run through your mind various circumstances in which the police could contrive to use these Articles to carry out a search and seize of your premises.

Quickly flick back to Part 1, Interpretation, and Articles 3, 4, 5 & 6. Surely these paragraphs must protect your data base of tax-efficiency seeking clients? And on the face of it, the definitions of ‘serious offence’, ‘prohibited article’, ‘items subject to legal privilege’, ‘excluded material’, ‘special procedure material’ and journalistic material, do appear to place some pretty robust protection around certain types of sensitive information.

So what’s all the fuss about, then, you say, turning to Article 29 – the provision relied upon by Barking Bill and his storm-troopers to arrest me and search my home. At first glance, Article 29 does appear to grant those powers to the police.

But read Article 29 very closely – and try and find where it incorporates the safeguards to protect certain information as described in the Interpretation of Articles 3 – 6? There is no reference to these safeguards.

So if the police wished to raid and search your business premises – using the device of Article 29 – all of that private, client data, excluded material, legally privileged information, journalistic information etc, can be seized and taken by them – in utter disregard of any protections available to you and your clients.

You might think, ‘that can’t be so, surely? The raid on Syvret didn’t involve the taking of that type of protected data?’

Oh yes it did.

Lots of it. Vast quantities of information supplied to me in confidence by my constituents. Information gathered in connection with my work as a Senator.

At a stroke, the police utterly circumvented all the well-established legal requirements to obtain a search warrant – and circumvented the additional protections afforded to certain kinds of sensitive data.

In the comically implausible statement issued by Bill Bailhache this week – in which he denied any knowledge of the raid – he made this fascinating comment:

“Everyone is equal before the law, and Senator Syvret is no different from the rest of us.”

Indeed. And that being the case, the law as applied and used against me last Monday must also apply to any person or business, as long as the cops can contrive similar circumstances. Not a remotely difficult thing to do.

But that does assume, of course, that the action taken against me and my constituents was lawful.

I, and those advising me, do not think it was a lawful action. But of course, the oligarchy do.

So – what’s it to be then?

You see – no matter which way you cut it – the Jersey oligarchy now has an epic nightmare on its hands.

Either – the actions taken against me last Monday were unlawful – in which case Jersey has a prosecution system, judiciary and police force, entirely out of control and conducting itself with reckless lawlessness – even to the extent of interfering with politicians and their constituents’ private information.

A breakdown in the rule of law and good governance.

Or – as Barking Bill would have us believe – the action taken against me was lawful.

In which case Article 29 of the Police Procedures and Criminal Evidence Law can now be used to raid and ransack any offices, homes or other premises in which the police “have reasonable grounds for believing that there is evidence on the premises” – entirely without a search warrant – through the simple expedient of waiting outside the door of, say, that accountancy firm you run, and arresting you.

The Jersey oligarchy cannot have it both ways.

Either the action taken against me and my constituents under Article 29 was criminal, of itself.

Or it was lawful – and Article 29 can therefore be used to arrest and search the premises of anyone – any place – anytime.

Personally, I can see we’ve taken a large stride down the path towards a lawless state following the events of last Monday.

But such considerations would not usually matter to the money-men, many of whom will think that if a law is abused and applied against uppity plebs, well, what’s the problem with that?

But I would strongly advise them to think about the implications of what has happened – and be afraid.

Be very afraid.

To reduce that famous slogan of the International Brigades down to a level which might just chime with those of influence in Jersey: –

“If you tolerate this – your banking clients will be next.”

Ciao

Stuart.

BLOG UNDER ATTACK

Come to Sunny Jersey!

The North-Korea of the English Channel!

Hi all.

Just a brief post as I am doing yet more legal work – and as I’ve commented elsewhere, the police raid and search of my home on on Monday was – most definitely -unlawful.

Notwithstanding some feeble assertions made by some; assertions which fail to take into account at least half-a-dozen other laws.

Not to mention the European Convention on Human Rights.

But,enough of that – the legal explanations shall have to wait for another day.

For this evening I just wanted to alert all my readers to the fact that the cops are trying to hack my blog in an attempt to take it down or remove certain postings and comments.

They’ve been too thick to quite get there yet – but I imagine it’s only a matter of time. I expect they’ll have to get someone in who knows what they’re doing.

To illustrate the stupidity of the Jersey plod – consider exhibit 1.

This is an automatic warning message the Blogger system sends out to alert you to attempts to identify or change your code-word.

To initiate the password reset process for your [Blog Address Excised]
Google Account, click the link below:

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in a new browser window instead.

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entered your email address by mistake while trying to reset a password.
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or answered.

So using my personal data they stole from my home in their unlawful raid – the Jersey cops are now trying to hack and take down my blog.

It was an inevitability – but one many of my readers have taken precautions against, through the expedient of copying everything I have ever posted.

So if this blog is taken down – or any specific postings are removed – you know what to do team!

Just stick it all back up on other sites.

Given it takes about 4 minutes to open a blogger account, I’ll establish several others, under slightly different names – so if you return to this site and find it vanished – just google – or look at a few other Channel Island sites – and I’m sure you’ll find links to my new blogs.

Should it be necessary to establish them.

I have posted a great deal of controversial public interest disclosure information on this site – in addition to certain items of documented evidence – all of which has infuriated the Jersey oligarchy – but their prime motivation is fear.

Here we have an entrenched and corrupt Establishment – utterly unused to any meaningful dissent, criticism or defiance.

Suddenly – in the age of citizen media – after 800 years – the Establishment of this rock have lost control of the means of managing the opinions of the island’s population at large.

The culture-shock is palpable.

They’re terrified.

We need only consider the intellectually bankrupt rant of demonstrable lies in the leader comment of tonight’s edition of The Rag.

According to the said journal – I and my supporters merely engage in “wild allegations and conspiracy theories”

The Rag again attempts to assert that I didn’t blow the whistle on any child protection failures.

I have destroyed all these assertions from The Rag in previous postings, so for tonight, I won’t go into detail all over again.

Perhaps I’ll do that tomorrow?

If The Rag has the courage to put the leader comment in question on its web site?

So whilst I wait for a moment in which to re-state the evidence, just consider this one fact.

In answer to a question in the island’s Parliament – in July 2007 – I gave an honest answer – which reflected information I had stealthily gathered for the first 6 months of that year.

For the fist time ever an elected member of the States stood up and said our child protection systems had failed.

And even then, exposing the abuses had to be done in the teeth of opposition from the civil servants and the Jersey Establishment Party.

And in the teeth of opposition from The Rag itself – another Stout example of which we read in its leader comment tonight.

In fact – when time permits – I will recount all the occasions when I have supplied hard, documented evidence to The Rag itself – only for it to bury it and in so doing, betray the public interest.

You see, The Rag has customarily served its purpose as the house journal of the island’s oligarchy – largely by burying the truth.

But now – it can’t do that any more, at least not whilst retaining any kind of credibility – because the evidence The Rag buries just comes out in citizen media.

So – kicking and screaming, it too has to go down the path of, very occasionally, making like a real newspaper – and reporting matters that in decades gone by it would have covered-up.

When reading the leader comment in The Rag tonight, what is revealed is naked terror.

This is a journal that knows it is facing oblivion – along with many other local newspapers – because of the growth of citizen media, such as blogs.

So at every opportunity, it has to try and attack blogs, in a desperate attempt to keep its traditional audience from being tempted away from its brain-numbing, trivial rubbish.

It is, of course, a futile exercise.

In fact – every bit as futile as the plod hacking my blog site.

You can’t stop the tide of history, guys.

Be it revenue from advertisers – or bribes from tow-truck operators – the days of the Jersey oligarchy milking this community as though it were no more than a piece of money-making apparatus – are rapidly coming to an end.

Fortunately for the ordinary, decent people of this community.

Remember, readers – if this blog goes – just search for its replacements.

Dave ‘rocket-scientist’ Minty perhaps believes he can shut down the whole Internet.

But we know better.

Stuart.

BANANA REPUBLIC

SET TO GO

A day of Arrest, Lies and Harassment.

It’s very early on Tuesday morning.

I’m trying to explain, briefly, given how tired I am, what took place this past Monday.

In “The Jersey Way”.

All I can do is provide you with a brief narrative at the moment. With a little background information.

I, and those of my constituents I have been working with in respect of the Jersey Child Abuse Disaster, know – all too well – the utterly corrupt, stagnant and Kafkaesque environment we contend with in Jersey.

We are faced with a massive variety of corruptions – entrenched and virtually unchallengeable – within this little fiefdom ruled by an elite made barking-mad by dint of zero challenge to their abuses of power over the centuries.

A state of affairs Jack Straw seems entirely content with.

The inevitable disintegration of the credibility of the Jersey oligarchy has been triggered by the Jersey child abuse disaster.

And it is that issue – amongst others – I have been fighting to expose; fighting on behalf of a wrecked and abused cohort of my constituents – who have been repeatedly betrayed over the decades by “authority” in Jersey.

And as though any further proof were needed of just how stagnant and corrupt the “system” in Jersey is – we come to what Bill Bailhache enacted against me today.

I’m happy to say, under oath when the need arises, that everything have done as a politician – especially in the context of the Jersey Child Abuse Disaster – has been in the public interest.

And – indicative of how corrupt and stagnant power is in Jersey – it is me who feels the weight of the oligarchy’s displeasure.

Today, at 9.00am, I stepped out of my home to go across to my car to get my iPod.

I had taken perhaps three steps when four unmarked police cars descended upon me, with a total of around eight police officers.

In a scene like something out of a New York cops & robbers TV programme, I was surrounded, a cop grabbed my arm, and told me I was under arrest.

I hadn’t planed to leave my home that day, so hadn’t’ yet showered, shaved or put on smart clothes. I was just going to get my iPod.

Obviously, the cops had been planning this for some weeks, and on this particular occasion, had – for reasons I’ll explain later – been waiting outside my home for me to leave the premises.

So I stepped out of the door and the mob of cops descended upon me as though I were a terrorist or a drug dealer.

I knew, instantly, what was going down.

The lead cop grabbed my arm, and told me I was under arrest; I asked what for, and he said data protection offences.

I asked him who had authorised this action.

He would not respond.

He and his colleague stated they were taking me under arrest to the police station.

Being dressed scruffily, I asked if I could, at least, get a clean T-shirt.

Four of the cops quickly rushed me into my home so I could get a clean T-shirt.

At that point I asked the lead cop for a copy of the search warrant.

He initially said, ‘yes’ – but within half a second – after having semi-reached into his jacket pocket, said “no, actually, we will give it to you down the station”.

No search warrant was, in fact, issued, and concomitantly, no such search warrant was ever furnished to me.

I was rapidly taken from the house and placed in an unmarked police car. I wanted to make a phone call with my mobile, but it was taken from me, and I was denied use of it.

Whilst being driven to the police station, the ransacking of my home began by an army of police officers, as though I were a terrorist or drug-dealer.

Two points should be noted.

The act of arresting me in a pseudo- emergency manner was plainly an abuse of power, an abuse of process and an unambiguous breach of my human rights as guaranteed under the European Convention on Human Rights.

As had been made clear to the police – a priori – some months earlier, I would have been perfectly content to attend the police station on a voluntary basis, should the police feel they had any need to interview me.

This offer was ignored.

And secondly, the searching of my home in the manner undertaken was plainly unlawful and a criminal act.

So I was taken into the police station, and put through the standard procedure for admitting criminal suspects.

I asked if I could make my phone-call.

I was – and this was recorded – told that I could not make a phone call. Instead, if I gave the admitting officer a name, they “would phone the person for me”.

Under the circumstances, the name I asked them to phone was a journalist at the Jersey Evening Post.

I took the view that the most important thing I could do from a public interest perspective, was ensure that word got out that the oligarchy have started arresting anti-establishment politicians and searching their homes.

I was then stripped of my possessions – mobile phone, wallet, etc – and was left in only the clothes I was wearing, though even then, my belt was taken from me, so had to walk around holding my trousers up.

I was held under arrest in the police station for approximately seven hours – with around an hour & three quarters spent being interviewed, and the remaining time being locked in a small, ground-floor arrest cell.

I must give thanks to Hiren Mistry and Advocate Philip Sinel, who ditched their day’s work to assist me.

During the interview, I responded “no comment” to every question I was asked.

Hell – I thought if it’s good enough for ex-cop child rapists like Danny Wherry – then I must be OK for me.

Notwithstanding repeated requests, I was not supplied with the “search book” which is supposed to itemise everything that was seized from my home during the day-long search.

In fact, as the time in my lonely cell wound on – the excuses for not providing me with the search book expanded.

This reached the point at which I was told a copy would be left for me at my home, for me to view if, and when, they released me.

I was eventually released – but no description of the seized items was left at my home.

I asked the police officers if I was going to be held overnight, could it be at La Moye, Jersey’s prison, rather than the cop-shop – as I had a load of my constituents who are abuse survivors there, and I needed to make another visits to them.

Well, I mean it’s all tax-payers’ money – so one should maximise efficiency.

When eventually released, I wasn’t allowed out of the front door – because some of the Jersey media were there, and the cops wanted to try and minimise the PR damage, so they sent me out – still clutching up my trousers, and carrying my bagged possessions – from the van entrance.

But fortunately, the media were wise to this stunt and filmed me coming out the door and walking towards the car-park.

I met the journalists, and gave them my account of events.

For all those hours I was left locked in a windowless, airless cell, there was a ladybird trapped with me. I was able to catch it in a paper cup and to take it out with me and release it into the grass.

No doubt, I and others, will have a great deal to write about during the coming days, so I won’t go into detail now.

But just reflect on these points.

I have been subjected to a massed police raid, arrest and a total home search.

I have been locked in a cell for 7 hours.

I was lied to by the cops on several occasions.

I was denied my Rights.

They initially told me they had a search warrant – then said they wouldn’t show it to me at the moment of arrest, but would show it to me at the police HQ.

To this moment no such search warrant has been even shown to me – let alone furnished to me in copy form.

I also repeatedly asked for the identity and hierarchy of those who had authorised this action against me.

I was told I would be furnished with that data – but in the event, I was not supplied with it.

When arrested, I said I wanted to make a phone call.

They told me I had no right to make a phone call.

On admission to the cop-shop, I repeated my request to make a phone call.

The cops said that I couldn’t – and that if I gave them the number of the person I wanted to be contacted, they would call them on my behalf.

Only around four hours later did a cop finally acknowledge that I had a right to place a personal phone call, so I rang Ben Queree, a Jersey Evening Post journalist.

Whilst explaining to him what had occurred, the cop in attendance grew increasingly agitated and put me under quite improper pressure to end my phone call.

The call was ended as I was explaining to Ben Queree that if they kept me in overnight, I wanted it to be at the Jail.

The cop lost patience at this point and said “this is absurd”, and required me to end the call.

About an hour later after another lock-in, I was simply told I could leave.

Several strange events took place at this stage.

I was, again, told I would be given a copy of the seized property itemisation – but was given no such document.

I asked when they were going to charge me – or declare me free from suspicion.

They told me that I “will remain under investigation” – effectively, indefinitely.

And bizarrely – given all the cautioning and questioning they had put me through – they took those last 60 seconds or so to tell me that I was under investigation, and under caution, for “harassment” – this obviously because I’ve been exposing – on my blog – the malfeasances of people like Bill Bailhache, Michael Birt, mass—murdering psychopaths, child rapists – ex-cops amongst them – and a variety of senior figures who have perverted the course of justice by concealing such crimes.

So let me summarise the day’s events in happy, sunny Jersey.

I’m the only politician trying to expose decades of child abuse.

For my pains, I step out of my home this morning and am immediately arrested by a grouping of eight cops in four unmarked police cars.

The said cops lie to me by asserting they have a search warrant. Only hours later citing some part of police arrest procedure which is designed to enable emergency searches of property.

The Jersey cops thus carry out a manifestly ultra-vires and criminal search of my home – unlawfully taking property.

In doing so, they utterly ignore the relevant Articles of the data protection law which state – quiet unambiguously – that in the case of a supposed need to search premises in connection with alleged data protection offences – they have to obtain a search warrant.

A warrant signed either by the Attorney General – Bill Bailhache – or a Jurat.

But not wanting to do that – Bill Bailhache instead advises the police to circumvent the law requiring a search warrant, and instead to abuse and misapply PACE so they can search my home after waiting for me to step outside my door.

So here I sit – trying to recover from the day’s events which were inflicted upon me because of my attempts to fulfil my political duty to my constituents – and to oppose and expose child abuse – and the criminal concealment of such abuse.

And all this whilst a variety of child batterers, child rapists, and those who have concealed or failed to prosecute such crimes – remain scot-free and un-harassed.

Fascinatingly – the cop leading this persecution of me is one officer Minty; a man who is, by all account, deeply enthusiastic in this action against me.

Interestingly – he is also the very self-same police officer who has been furnished with evidence – and extremely well informed witnesses – to the effect that a Minister of the States of Jersey has criminally abused his position to take kick-backs for supporting planning developments.

Yet Mr. Minty – and his very good friend, who he leaks information to – Bill Bailhache – regard the brazen corruption of gangster politicians to be “not criminal offences”.

But, somehow, these two titans of law enforcement and ethics feel a pressing need to mount a massed-raid on my home, turn it upside down, leave filth on the carpets, leave fragments of food from the up-ended bins laying in the kitchen floor, arrest me, hold me for 7 hours in a locked cell, seize my property, terrify my constituents and abuse and cast aside the due process of the law.

It really isn’t difficult – is it – to see why this collection of shysters wanted to unlawfully suspend the Chief of Police, Graham Power.

Straight cops are the very last thing these adherents of “The Jersey Way” need.

Perhaps now they’ve attempted to intimidate me, they think they’ll be able to start taking bribes from tow-truck operators again?

Stuart.

ARRESTED

I’VE ESCAPED FROM THE COPS

Well, they let me go in the end – after 7 hours in a police HQ cell.

To those of you who don’t know what I’m speaking of – I was arrested in a raid on my home this morning.

Apparently – alleged breaches of the data protection law merited me being seized as I stepped out of my home – with 4 unmarked police cars and at least 8 police officers proceeding to turn over my home.

And just think – some people don’t believe me when I say the Jersey oligarchy are corupt, abusive and out of control.

I’ll write more later this evening.

Stuart