Monthly Archives: April 2012

A CRIMINAL ENTERPRISE

The Jersey Judicial System.

I’d like to ask readers to do something most people never do – and that is to actually read a full legal judgement. In a very important posting, Rico Sorda has published the judgment in a judicial review application brought by the legitimate Police Chief, Graham Power, Queen’s Police Medal.

Mr. Sorda also introduces his article by taking a close look at some of the truly startling conflicts of interest that contaminated the court.

The posting can be read here:

The reason I suggest actually reading the judgment, is to enable people to gain some insight into the double-speak, the spin, the cosmetic plausibility, the convincing appearance that judicial proceedings can have – even when manifestly dishonest and wrong.

Because when reading the judgment, as a lay-person – and especially if you are not familiar with the hard evidence we have published – the screed, all dressed-up in its nice suite and red cloak, might appear respectable.

It isn’t.

As further analyses is going to show.

Increasingly, people in Jersey are taking a close look at what passes for a judicial function in this island, and like that little boy amongst a fearful and servile crowd, are speaking the truth – which is that the emperor isn’t wearing any clothes.

In Rico Sorda’s introductory article, he explains some of the conflicts of interest involving those who made up the mixed-tribunal court – the Commissioner and the two Jurats.

But things are actually worse – far worse – than Mr. Sorda suggests.

The presiding, part-time judge – the “Commissioner” – was one Advocate Julian Clyde-Smith.

The judgment of Clyde-Smith and his two colleagues was given on the 8th September 2009. Police Chief Graham Power was illegally suspended in November 2008, following what we now know to have been at least several months of criminal plotting by people such as Andrew Lewis, Bill Ogley, William Bailhache and Frank Walker.

Graham Power was a very unusual Police Chief by Jersey standards; unique, perhaps – in that he refused to ever engage in the customary politicised policing – whereby crimes by Jersey oligarchs or their vassals are not traditionally investigated and charged – and, by way of contrast, the “law” is used and abused against anyone who is seen as a “problem” to the local mafia.

Mr. Power would have none of that; his business was simply objective, impartial policing.

And that “attitude” of Graham Power was a big, big problem for the Jersey oligarchy.

A very big problem.

The vast majority of people reading this blog will have long since recognised the fact that the Jersey oligarchy was powerfully motivated in the illegal actions taken against Graham Power and taken against me, by their wish to discredit the child abuse investigations, and to cover-up the truth of the disastrous, decades-long  failure of governance in Jersey.

What few people will be aware of is that that was not the only motivation. Indeed, perhaps not even the primary motivation, for the corrupt conspiracy engaged in against the Police Chief.

It so happens that there were other crimes – in addition to child abuse – other very serious crimes, under investigation by the Police Force under the leadership of Graham Power.

And I’m not just referring to the widespread planning corruption that goes to the heart of government.

In particular, there was one individual under the most serious and intense of close investigation, for despicable crimes. An extremely well-connected – and very powerful – individual. For the purposes of this posting, at least, it doesn’t matter who the individual was, nor the crimes under investigation; for what we are considering here, is the conduct of what passes for a judiciary in Jersey.

Under the leadership of Graham Power, the States of Jersey Police Force were weeks away from completing the prosecution and charging files for submission to the Attorney General William Bailhache. But there is simply no way Bailhache would have, or could have, charged and prosecuted the individual. Not without the most dramatic repercussions for many senior individuals, and terminal damage to the reputation of Jersey’s establishment.

There was only thing for it.

The police investigation had to be “headed off at the pass” – and stopped – before it got to finished-form – with the final decisions on prosecution laying with the Attorney General; Bailhache had to be protected from being the person who prevented the prosecution. Thus Graham Power, Police Chief, was unlawfully suspended.

Sure enough, in the months that followed, the police investigation of the suspect was, indeed, sabotaged, wound-down, and stopped.

This process even included civilians – working with the full knowledge and authority of the Police Force under the illegitimate leadership of David Warcup, fraudulently passing themselves off as “police officers”, to various key witnesses in the case.

So where does the Jersey judiciary come into play?

The legitimate Police Chief Graham Power was unlawfully suspended – and a key part of the motivation in that unlawful suspension was to rescue the Jersey oligarchy from the nightmare of one of their key  ‘playas’ being charged and prosecuted with the most serious of crimes.

The unlawfully suspended Police Chief applies to court to have the plainly unlawful actions taken against him, judicially reviewed.

That judicial review application made by the unlawfully suspend Police Chief is heard by a part-time judge – one Commissioner Julian Clyde-Smith. The Police Chief’s application was thrown-out, and the resultant fatally flawed and biased judgment can be read on Mr. Sorda’s blog.

Now, you should automatically understand the gravity of what comes next. You should simply “know the score” – if you have even a vague grasp of how justice and free societies are supposed to function.

It would appear that Commissioner Julian Clyde-Smith was the lawyer representing the suspect under investigation.

I say, ‘would appear’ – because reliable sources have said so – and the question has been put directly to Commissioner Julian Clyde-Smith in e-mail correspondence via the Bailiff’s Judicial Secretary. However, Commissioner Clyde-Smith’s willingness to engage in the transparency that is a requirement upon all public authorities, suddenly evaporated when faced with the particular question.

It has since been put to him very clearly, and repeatedly, that unless he state that he was not involved in the legal representation of the suspect in question, we will be forced to proceed upon the basis that he was so involved.

So that is, indeed, the conclusion we must draw.

Commissioner Julian Clyde-Smith had been the lawyer representing the suspect – and he then sits as a judge and hears – and throws out – a case brought by the Police Chief, the unlawful suspension against who was at least partly motivated by the objective of protecting the suspect from being charged and prosecuted.

What we observe is a judge – sitting in court – acting in the name of the Crown – but all the while being in receipt of money in the background for the representation of a suspected criminal – a party who absolutely depends upon the applicant who has brought the judicial review case before that judge, being defeated – so that the suspect avoid very serious criminal charges.

There are obvious words to describe this scenario.

And “the lawful administration of justice” are not amongst them.

And when such a corrupt assault is made against our good, honest Police Chief – it is a corrupt assault against us all.

The whole world is watching.

Stuart

SPEAKING IN TONGUES

Babble On Ian


Confusion of Tongues?

Confusion of Truth.   

One of Jersey’s independent journalists, Rico Sorda, continues his work on exposing the corruption that runs through the heart of governance in Jersey. Perhaps it isn’t so surprising after all, now that we can read so much of the evidence for how “The Jersey Way” is, and always has been so foully toxic, that the only sources of evidenced facts available to islanders, are the blogs – with not one of Jersey’s mainstream media – not even the BBC – actually addressing the real issues.
Mr. Sorda’s latest article, to which I have contributed a commentary on the conduct of Ian Le Marquand, can be read here:
In that current posting, Rico Sorda takes a close and full look at the quite remarkable transcript of the suspension meeting conducted by Home Affairs Minister Ian Le Marquand, concerning Police Chief Graham Power and Dr. T. Brain – and the so-called “Operation Blast” files. Whilst so many of the assertions of Le Marquand were manifestly absurd at the time, they appear ever more fantastical and jaw-droppingly dishonest with each passing week, and as more evidence emerges.
Ian Le Marquand – like so many other a-moral, shallow, ruthlessly self-serving, dishonest and decadent prominent figures in Jersey society – imagines himself to be a good Christian. He is a regular at St. Paul’s Church in New Street – where the congregation are given to “speaking in tongues” – or babbling – in accordance with some Christian tradition.
Perhaps Ian le Marquand needs to set aside that practice, and just concentrate on English for a while? It doesn’t seem terribly likely that he is going to enjoy any great success in spreading the Word of God to other peoples via glossolalia  whilst he persists in spreading confusion and lies in his native language.
There can be no hope in mending the confusion of tongues – unless a start is made by speaking the truth. And there doesn’t appear to be much hope of that in the case of Ian Le Marquand, who may as well have been babbling during the suspension-hearings, so devoid of meaning – and estranged from the truth – were his words.
Stuart.

JERSEY GOVERNMENT ADMITS IT ABUSED CHILDREN

Jersey Public Authorities Accept Guilt

And Establish a Compensation Scheme.

But – does that mean real justice for the survivors?

“I have serious concerns, to be honest, about the whole child protection, child welfare standards of performance of Jersey, not just within my own department, Social Services and the Children’s Service, but across the board. I am aware of a number of issues, this being one of them, a number of cases, a number of incidents that lead me more and more strongly to the conclusion that we are failing badly in this area. I am probably going to be seeking to initiate a major independent review into the whole sphere of child welfare, child protection in Jersey. So if you are asking me honestly, do I believe the performance of certain senior individuals within this field and of the departments generally is acceptable, no, it is not.”

Stuart Syvret, Minister for Health & Social Services
In answer to a question in the Jersey parliament – 16th July 2007.

 

So – here we are.
Over four and half years of political and legal apocalypse later. And finally the States of Jersey admit to that which was plain and evidenced – and discovered for them – and told to them – in an honest answer, given in the island’s parliament.

Over four-and-a-half years ago.

Being an honest person in politics is an immensely difficult – and thankless – path to take.
But one can take some crumb of comfort in being correct.
I was right, too – when I described the States assembly as largely a collection of gangsters and halfwits – in a TV interview – after they had shouted-down and halted my Christmas speech – in which I was attempting to express some recognition and empathy towards all those decades of abuse survivors.
The first time ever, that a Jersey politician had spoken of them.
And I’m right, too – when I say you have the government you deserve.
This is the confidential file-note, written by then Police Chief Graham Power, on the 25th July 2007 – after an attempt was made to involve him in the illegal conspiracy to engineer my dismissal. The senior civil servants – with the support of people like Frank Walker and the Attorney General – hoped that by oppressing me, they could keep the child protection failures hidden.

“Note book entry made on 25th July, 2007

16.00. I am at HQ having just returned from a meeting of the CMB (Corporate Management Board.) During the meeting BO (Bill Ogley) said that he would wish some of us to remain afterwards to discuss the comments of the Health Minister Senator Syvret in relation to child protection issues. He told the full meeting that it was possible that the COM (Council of Ministers) would pass a notice of “no confidence” tomorrow and ask this to be confirmed by a full meeting of the States specially convened for that purpose. This would result in Senator Syvret having to leave Office. It was also mentioned that the island’s Child Protection Committee (C.P.C) was meeting that afternoon and I was asked if we would be represented. I got the impression that those present saw that meeting as particularly significant, and felt that “something was going on” which others knew about but I did not.

I said that I did not know about the meeting (I would not usually know) and that I assumed Insp. Fossey (Detective Inspector Alison Fossey) who BO knows and we both referred to as “Alison” would be representing the force.

After the meeting, myself, TMcK (Tom McKeon, Chief Officer Education, Sport & Culture) and MP (Mike Pollard, Chief Officer, Health & Social Services) and Ian C (Ian Crich, Director, States HR Department) remained behind. I was handed a copy of a report to Ministers and associated papers, which I have stamped and initialled. The discussion was led by BO who disclosed that the C.P.C would, this afternoon be discussing a vote of no confidence in the Minister. MP and TMcK did not seem surprised at this. MP seemed to be fully signed up to this course of action.

Attempts were made by BO to draw me into this. I was told that my people were “part of” the island’s arrangements and I should show collective support by opposing the criticism made by the Minister. I was taken aback by this but responded in two ways. Firstly I said leaving aside issues of style and manner the questions raised by the Minister were valid. Particularly in respect of the time it had taken for the abuse of a [child] in [a] case to come to the notice of the police and the apparent failure of child protection to give it priority. I said that the SCR (Serious Case Review) was a poor effort which missed the hard questions and I was not surprised that the Minister was not impressed. I conceded that all of the questions might have answers, I just thought they were good questions and ones which a Minister could validly ask. There was also some discussion of the Victoria College and Holland cases which was not central to the issue.

BO and the others were persistent and I was left with the clear impression that they were attempting to draw me, in my capacity as Chief of Police, into a civil service led attempt to remove a Minister from Office.

Having concluded this I then moved on to my second point which was that even if I agreed with everything they said I would still have nothing to do with it. They were engaging in what I saw as political activity and it was entirely inappropriate that I should be involved one way or the other. The fact that “I will have nothing to do with this” was made clearly. At this point BO said “in that case, goodbye”, or something very similar. I picked up my papers. There was no bad feeling or bad words, we just disagreed. As soon as I was outside I rang SDV (Shaun Du Val, Head of Operations) and alerted him to the possible problems at the C.P.C. AF rang me not long afterwards and told me that she had abstained. I told her to put this beyond all doubt by a follow-up e-mail to the Chair. I made this notebook entry then walked over to Ops for it to be timed in the relevant machine.

Graham Power, 16.39, Wed. 25th July 2007.” 

When we speak of the culpability – the guilt – of the States of Jersey, in respect of all those decades of child abuse – of ruined lives – we are looking at such a startling level of turpitude – of breathtaking dishonesty and reprehensible corruption – that it even transcends some of the more infamous examples of child abuse concealment to have emerged globally in the last decade or two.

Which other jurisdiction – on the face of the planet – sacks a Social Services Minister – for trying to protect vulnerable children?

Which other jurisdiction – on the face of the planet – illegally suspends the Police Chief – in order to sabotage a child abuse investigation?

Not even Zimbabwe or North-Korea or Putin’s Russia or Iran have acted in such ways.

Yet, here in Jersey – even though the illegal conspiracy is exposed – what action is taken against the perpetrators?

Bill Ogley – who should be in prison doing ten years straight – has been paid-off – with over half-a-million pounds of tax-payers money – plus solid-gold pension.

And the abuse survivors?
Those people who were criminally failed and betrayed by the States of Jersey?
The best most could expect from the recently announced compensation scheme, might be enough  money to buy a cheap car.
Tony has written a thoughtful article concerning the subject:

http://tonymusings.blogspot.com/2012/04/stolen-childhoods.html

Innocent victims of your government – people who were failed and betrayed by expensive civil servants – children who were treated savagely – are not going to receive anything like sufficient compensation.
Meanwhile – the gangsters and halfwits you choose to elect – will happily spend over half-a-million pounds of your money – paying-off one of those civil servants.

A civil servant who – evidencedly – engaged in a criminal conspiracy to sabotage democracy – and to obstruct the first ever States member to have recognised and spoken out against the child protection failures.

A civil servant who then engaged in another criminal conspiracy to unlawfully sabotage objective policing and to engineer the illegal suspension of the Police Chief.

A civil servant who then destroyed the contemporaneous notes before they could be verified.

A civil servant who perverted justice – and who should be prosecuted.

Over £500,000 – plus gold-plated pension – to Bill Ogley.

Whilst the innocent victims might get a pittance.

The government you deserve.
Stuart