Monthly Archives: April 2014

GOVERNANCE IN JERSEY’S HOSPITAL

Another Blogger Writes.

On 6th April Mark Forskitt, a children’s rights campaigner, research engineer and environmentalist wrote a posting on his blog, Jersey Today, which will be of interest to regular readers.

So interesting is Mark’s article, I’m reproducing it in its entirety below, but the original can be viewed here: –

http://jerseytoday.blogspot.com/2014/04/a-coincidence-or-three.html

Mark was researching some important questions concerning whether Jersey’s proposed new hospital was being designed taking account of the findings of the Intergovernmental Panel on Climate Change. In the course of his research he made some interesting discoveries concerning the cv and career-path of the Jersey Hospital’s managing director, Helen O’Shea.

The questions that arise are legitimate public interest concerns, given the evidenced history of the concealment of catastrophic governance-failures  – including the murder of patients by a rogue nurse – by Jersey Health & Social Services.

As Mark say’s: –

“Is it possible that the hospital, knowing they had problems with a rogue nurse, as exposed by Stuart Syvret, thought they had found someone who could protect them and ‘tidy up’ from the fall out? I have no idea. There is nothing of any substantive fact to show Mrs O’Shea to be anything other than a professional in her field. And yet there are those annoying coincidences and little questions that nag away at one’s confidence.”

Mark is an interesting and thoughtful commentator on many issues, and always worth reading at his blogs: –

http://jerseytoday.blogspot.com/

http://st-ouennais.livejournal.com/

I remember an appointment-processes at Jersey Health & Social Services in which I was, as the Minister, a member of the interviewing panel. Unbeknown to me at that time, it was a charade – the appointment of the disaster that was Mike Pollard as Chief Executive having already been rigged with the involvement of Jersey’s so-called “Independent Appointments Commission”.

Mike Pollard then became a pro-active participant in a criminal conspiracy to engineer my dismissal, as witnessed by Police Chief Graham Power, who – in-turn – later became a victim of Jersey’s self-protecting, crime-concealing polity-mafia.

It’s good for the public interest that observant, inquiring people such as Mark Forskitt ask questions.  As history shows, we cannot rely solely on the “official systems” to protect us.

Stuart Syvret

A Coincidence or Three, by Mark Forskitt

I’ve been doing some reading around our proposed new hospital. It is not my usual arena, but recent events have highlighted some aspects that should be input into the planning of the facility, which we can easily image should last the Island a generation or more. Intuitively one would expect population and demographic models to be central. The reticence of the Minister in laying out the details of the models used is troubling. But it is not the only area of concern.

The recently published IPPC report is quite clear there are expected health, including mental health impacts on small island states. The summary can be found at http://ipcc-wg2.gov/AR5/images/uploads/IPCC_WG2AR5_SPM_Approved.pdf . Unlike previous reports, this one explicitly identifies current impacts are occurring “Local changes in temperature and rainfall have altered the distribution of some water-borne illnesses and disease vectors”. A few other pertinent quotes are:

“The key risks that follow, all of which are identified with high confidence, span sectors and regions. Each of these key risks contributes to one or more RFCs.33
i. Risk of death, injury, ill-health, or disrupted livelihoods in low-lying coastal zones and small island developing states and other small islands, due to storm surges, coastal flooding, and sea-level rise”.

“Impacts from recent climate-related extremes, such as heat waves, droughts, floods, cyclones, and wildfires, reveal significant vulnerability and exposure of some ecosystems and many human systems to current climate variability (very high confidence). Impacts of such climate-related extremes include alteration of ecosystems, disruption of food production and water supply, damage to infrastructure and settlements, morbidity and mortality, and consequences for mental health and human well-being. For countries at all levels of development, these impacts are consistent with a significant lack of preparedness for current climate variability in some sectors.”

I have written to the health minister to ask what extent these changes, both present and future have been considered in the planning of the hospital.

However I came across something else while looking for information. The hospital managing director is of course a pivotal person on the future of the hospital. So I did a search. A brief cv for Mrs. Helen O’Shea is on the States web site at http://www.gov.je/News/2012/Pages/NewHospitalManagingDirector.aspx . I used to do a lot of technical recruitment interviewing when I was running a rapidly growing software business. I’ve seen a lot of cv’s. Two things about that online piece stood out to me immediately. While all the other positions held had accompanying dates, the time at Northampton General Hospital NHS Trust does not. The other is the repeated occurrence of acting or interim office for what look like exceptionally long periods. This naturally raises the question of why she did not become the actual chief? It might be as straight forward as a glass ceiling effect.

Perhaps that temporal absence is simply a stylistic choice by a content manager. However we can infer that Mrs O’Shea was there between 2004 and 2011, rather longer than the other establishments. A very long time to be an acting chief, so I assume some other roles and positions were omitted. Her public profile on LinkedIn is even less informative, listing only the current position. More useful is zoominfo http://www.zoominfo.com/p/Helen-O%27Shea/815893917 Here we can identify that in 2006 Mrs O’Shea was director of performance (not an executive director however).

A bit more digging and this came up http://www.northamptonchron.co.uk/news/local/hospital-names-boss-1-934551 from the 30th October 2008. Mrs O’Shea it seems did not put herself forward to be Chief Executive, despite having been acting chief for six months according to that article. (So that clarifies one of the points above). Perhaps it is not too surprising that she didn’t pursue the opportunity when you read this: http://www.northamptonchron.co.uk/news/local/hospital-halts-bid-for-elite-status-1-929196 I’d say that was the right decision to make for the acting Chief, but you have to wonder what responsibility the former director of performance and director of operations had for being in such a position of failing to meet standards and the public’s expectations.

That wasn’t the only problem the Trust had that year. In April it was all over the national press after a bogus nurse was in court. See http://www.dailymail.co.uk/news/article-1017370/Woman-walks-street-land-job-NHS-nurse-years–treating-hundreds-qualifications.html and  http://www.northamptonchron.co.uk/news/local/robust-checks-made-on-nurses-1-925910 Whether the recruitment, appraisal and performance checks up to that point came under Mrs O’Shea’s directorial responsibility I cannot say, but it cannot have sat comfortably given her immediate prior title.

Did the HR department and interviewing staff go to the bottom of those irritating and stand out cv points? Is it coincidence that in 2012 Jersey appointed a new hospital managing director who had experience of public glare due to a rogue or bogus nurse and a hospital failing to meet targets? Is it possible that the hospital, knowing they had problems with a rogue nurse, as exposed by Stuart Syvret, thought they had found someone who could protect them and ‘tidy up’ from the fall out? I have no idea. There is nothing of any substantive fact to show Mrs O’Shea to be anything other than a professional in her field. And yet there are those annoying coincidences and little questions that nag away at one’s confidence.

By Mark Forskitt

First published on 6th April, at Jersey Today: –

http://jerseytoday.blogspot.com/2014/04/a-coincidence-or-three.html

MRS WINDSOR’S PRIVATEERS – PART 2

Treason – or Reason?

Regular readers of this blog will be reasonably familiar with the reality of the money-generating feudatory that is the off-shore Crown Dependency of Jersey, the anti-democratic oppression carried out by its oligarchy, and the conduct of what passes for a “judiciary” in the island.

Just for example, the endless succession “legal” battles I face at the hands of the Potemkin village “justice” apparatus of Jersey.

Mrs Windsor’s Privateers – Part 1 – which is a handy introduction to the heart of darkness – can be read here: –

http://freespeechoffshore.nl/stuartsyvretblog/mrs-windsors-privateers-part-1/

To readers familiar with the Crown-empowered feudal “court” of Jersey, the e-mail I publish below requires no introductory explanation. Although a brief communication, concerning a pretty simple issue – my attempt to obtain an electronic version of a recent “court” transcript – the e-mail nevertheless states and shows – in so many ways – that what we face in Jersey is, actually, beyond Kafka.

I’ve titled this post, Mrs Windsor’s Privateers – Part 2 – because, well, that’s what we’re dealing with.

Privateers – directly empowered by the British monarch.

The still extant – in the 21st century – unbridled and absolute power of the “court” and its “courtiers”.

Just hope that your daughter or son never needs protection from those courtiers, their thanes and vassals – nor the apparatus that shields and succours them.

Stuart Syvret.

E-mail from Stuart Syvret to the Jersey “court” apparatus, concerning a transcript – and “judicial” conflicts of interest – and the monarch’s approval of William Bailhache:

From:  Stuart Syvret

To:   Jersey Appeal Court Secretariat, Bailiff’s Judicial Secretary

CC:   Secretary of State for Justice UK Government,  Privy Council, Justice Department UK Government,  Jersey Child-Abuse Public Inquiry

Date:  9th April 2014 16:47

Subject:  Re: Treasurer of the States v Syvret

Thank you for your e-mail.

Whilst I am grateful for the hard-copy, which I will collect when I am able, I require an electronic copy, so I would ask that a PDF of the transcript is e-mailed to me. (That has been the case with previous transcripts.)

My reason for requiring electronic copies of all documents I have to deal with in these interlinked cases is simple; I am self-representing (not of choice) and can only very occasionally obtain any pro-bono advice. Even that slight assistance is dependent upon me being able to e-mail electronic copies of the relevant material to those who may assist me.

There is also the simple matter of not being able to store or transport physical documents. For example, the material served on me by the directly and corruptly conflicted law firm Appleby Global / Bailhache LaBesse (which law-firm corruptly betrayed the Blanche Pierre child-abuse victims when they were legal-aid clients in 1998/9 when William Bailhache was the Senior Partner) now amounts to approximately 30 large lever-arch files – about 14,000 pages – which, alone, requires two sack-trolleys to transport. Such physical burdens are a pro-active obstruction (another) to the practical enjoyment of my Article 6 Rights.

When I have an electronic copy of the transcript, I will be able to prepare and lodge the appeal against the decisions and conduct of Michael Birt and Philip Bailhache’s dinning-companion, friend, admirer, defender, and public cheer-leader – and appointee – Howard Page QC – and his extraordinary conduct. Just for example – actually agreeing to hear the case at all – when he was (a) conflicted, (b) case-decided, & (c) functus officio – and displayed all of the thus predictable overt, actual bias in that he didn’t actually permit me to run a case against the aforesaid & associated & related evidenced factors.

The Crown judicial function in the feudatory of Jersey is – along with the Crown prosecution function in Jersey – a criminal enterprise – in-and-of-itself.

I suppose corruption will spring – wherever it is permitted to; “absolute power”, and all that. But what is remarkable about the Jersey situation is its sheer brazenness – the startling absence of even any attempt to disguise the lawlessness – the criminality hiding-in-plain-sight.

It’s the kind of brass-neck hubris that only the British ruling elites can pull off.

Directly, expressly – and very seriously – conflicted judges, such as Philip Bailhache, Michael Birt and William Bailhache – hearing cases they’re parties to – choosing and appointing their own  judges to further hear such cases – judges such as their friends, admirers, cheer-leaders and dinning-companions – like  Christopher Pitchers, Jonathan Sumption, Charles Gray, and Howard Page.

When I was most recently a political prisoner of this Crown-protected Jersey/City of London commune cosa nostra, I was denied my Article 6 Rights to access adequate “time and facilities” to prepare my legal appeals & applications. In an attempt to secure my Rights, I prepared an injunction application against the prison.

That application of mine was simply vetoed – prevented even from reaching court – by the expressly and fatally conflicted William Bailhache in the office of Deputy Bailiff. I was merely notified of his decision by a brief letter – which contained no attempted explanation or justification for this illegal, oppressive act.

The letter asserted that a fully reasoned explanation would be provided in due course.

No such explanation was ever received – and has not been received to this day.

I was thus prevented from accessing justice – prevented from securing my Article 6 Rights – when politically imprisoned by friends of William Bailhache – by William Bailhache.

That’s  the William Bailhache who I had been exposing in the public interest via Google/Blogger for such malfeasances as corruptly betraying legal-aid child-abuse victims, obstructing the 2008 child-abuse investigations, associating with priority criminal suspects, making non-prosecution decisions in cases he was directly conflicted in, breaking the Data Protection Law, aiding his equally criminal brother Philip Bailhache in the obstruction of anti-corruption investigations, attempting to illegally coerce the Police Chief Graham Power into dropping an investigation into planning-corruption, and then participating in the criminal conspiracy to illegally suspend the Police Chief.

As all of this – evidenced – conduct is so obviously approved of by the Crown – and Her Majesty personally, as evinced in the granting of Her Letters Patent to make William Bailhache Bailiff – you will understand and appreciate that I need every conceivable practical assistance – such as electronic copies of the transcripts.

A person faces hard enough odds as it is, in confronting the corruption and criminality in Jersey of Crown power. Though it hides in plain sight, who dare call it for what it is and confront its omnipotently empowered privateers?

It can only be a matter of time, surely, until the new Treason law is used to imprison me.

Thank you for your assistance.

Stuart Syvret.

THE VULNERABLE CHILD IN JERSEY – Vs. THE CROWN:

The Original E-Mail – Published Below.

After Six-and-a-Half Years

Of Unremitting Corruption,

Of State-Sponsored Oppression,

The Public Inquiry into Decades of Concealed Child-Abuse Finally begins

http://www.jerseycareinquiry.org/

Dear Reader

Come with me on a journey of understanding – of knowledge; let us take a look at how lives are wrecked – destroyed – how neglect, cruelty, molestation, savagery and rape can be inflicted upon generations of helpless children; children who had the entire apparatus of the state, supposedly, protecting them.

How?

How does that happen?

It is extraordinary, is it not, to consider that  a system of public administration, of so many people, employed in so many different capacities, each with  vital professional and moral duties for child-welfare, can contrive to so disastrously fail so many vulnerable children for so long.

An entire polity – different public departments – their civil servants – and the police – and the legislature – and its politicians  – and the prosecutors – and the judiciary – a huge and expensive network who’s only purpose in existing is to serve the public good – not only failing to protect children, but in some instances pro-actively abusing them – and then all conspiring to cover-up the corporate failure – the disgusting conduct – the criminality.

How – really – does that happen?

Today a public inquiry into decades of concealed child abuse in Jersey began.

It could have – and should have – started six-and-a-half years ago.

That it didn’t – that so much time has passed – and so much opposition had to be overcome – is a fact I offer you to reflect upon. It is – in and of itself – a wretched demonstration of how large-scale child-protection failures can be concealed by public authorities.

The details of the public inquiry and how to contact it can be found on its website at the following link:

http://www.jerseycareinquiry.org/

On the 16th July 2007 – after approximately nine months of often covert work with whistle-blowers and survivors – this is what I said in answer to a question I was asked in the Jersey parliament, in my then capacity as Health & Social Services Minister: –

“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.”

I had become – often in the teeth of opposition, obstructions and lies from senior civil servants – the first ever Jersey politician to recognise the gross and systemic child-protection failures in Jersey.

I undertook hard and often harrowing work to reach that state of knowledge.

I knew then that a major investigation into Jersey’s child-protection failings was needed – and that only an independent, external review could address the issues.

Once someone had uncovered some of the child-abuses, the systemic failings in child-protection – and revealed the crises to the legislature – it then takes simply staggering levels of incompetence, stupidity and ethical bankruptcy for those who have power in the executive to have resisted that truth – to have shielded the failed system – to lie.

Frank Walker – former Senator and Chief Minister – was unearthed today by Channel Television – the ITN/ITV franchise in the Channel Islands.

When I happened to see that ITV interview with Frank Walker – its lameness – its carefully choreographed spin – the absolute lack of any serious & sustained questioning – essentially a PR-package masquerading as TV news – I was reminded of why Walker underwent such a  catastrophic meltdown when faced with real journalists in 2008 when the international community learnt of Jersey’s concealed history of child-abuse. Then Walker, for the first time in his life, was facing challenge – real journalists – asking real questions – and not willing to swallow bullshit.

The result was a train-wreck.

Then, Frank Walker was shown for the incompetent, low-calibre, viciously unpleasant, frightened and fundamentally inadequate little man that he is.

But today – with Jersey’s indigenous media – it was business-as-usual.

In a very – very – carefully worded question – which didn’t actually mention Haut de la Garenne, but was nevertheless freighted with that abuse-episode implicitly – Frank Walker was enabled to give an answer which implied the whole child-abuse controversy happened before he and his colleagues were in office. Which would be true, of course – as HDLG closed in 1986, and Walker wasn’t elected until 1990.

But – of course – we’re not dealing only with Haut de la Garenne.

We’re also confronting child-abuse and child-protection failures – at one time or another – at most of Jersey’s state-run children’s institutions.

Let’s just mention a few shall we? Blanche Pierre, Les Chennes, Heathfield, Le Preference, Don Road, Greenfields.

But in many ways, a more fundamental problem – one that questioned the very safety of the public good in the island – was the systemic and endemic nature of the governance failures that had been discovered and revealed. These were overarching issues that should have been grasped – should have been faced head-on, and fixed – by any Chief Minister – any leader worthy of the name – in this community.

The disastrous and endemic failures of the Jersey polity to properly protect its most vulnerable – the clear non-existence of functioning checks & balances – was the great challenge Walker faced in his political career.

Sadly, for Jersey his response to this challenge was blathering, spineless failure.

Here’s the question ITV/ITN put to Frank Walker, and his answer:

“Care-leavers and bloggers are adamant that the government at the time was somehow complicit in covering up abuse and sweeping  this issue under the carpet. What do you say to that?”

“I’ve yet to see or hear any evidence of that. I wasn’t involved  personally at the time obviously, nor were any of my – um – colleagues in government when the whole – um – awful situation emerged. Um but there’s no evidence I’ve seen or heard.”

A spin-doctored answer – for a spin-doctored question.

The real question is, was Frank Walker’s government complicit in covering-up later examples of institutional and corporate child-protection failure? And – indeed – complicit in obstructing efforts to uncover historic abuse at Haute de la Garenne?

Yes.

But we can’t, of course, be surprised that the ITV franchise in Jersey – which is run by Karine Rankine – should be little more than a PR-outfit for the Jersey oligarchs; after all, her husband – Glenn Rankine – is a spin-doctor for the Jersey establishment – and between them they contrive to give every assistance to their powerful & wealthy friends. This has included – for example – leaking my e-mails to “journalists” at Channel Television – to people like Frank Walker: –

“—–Original Message—– From: Glenn Rankine [mailto:glenn.rankine@mulberry.je] Sent: 05 February 2007 10:26 To: Frank Walker Subject: FW: The Letter Importance: High ************************************************************************************** This e-mail has been received directly from the Internet: you should exercise a degree of caution since there can be no guarantee that the source or content of the message is authentic.   If you receive inappropriate e-mail from an external source it is your responsibility to notify Computer Services Helpdesk (telephone 440440).   The Full States e-mail Usage Policy can be found here: http://intranet1/aware/internet_email_issues.htm **************************************************************************************   Frank…

I send you this in complete confidence so you get an insight to what Stuart’s up to behind the scenes… Hope it helps.

G”

Anyway, I can see in the coming weeks we’re going to have to refresh Frank Walker’s memory about the role he – and his colleagues – did, in fact, play in attempting to suppress the truth concerning Jersey’s systemic child-protection failures.

For example, all of the abusive coercions he attempted against me, to obstruct me in the proper discharge of my duties – as defined in law – as Health & Social Services Minister in 2007.

Perhaps we need to revisit the documented history of the abusive solitary-confinement regimes being used against mentally ill children in the child-secure unit – and the efforts made by whistle-blowers such as Simon Bellwood and me to expose that?

Frank Walker and the rest of the Jersey oligarchy are going to have to remember the suffering of those victims – and then the  obstructions and oppressions endorsed and joined in by Walker against Bellwood and me – when we tried to change the system that had abused those children.

I think Frank Walker and his advisers are going to have to remember the report of the Howard League for Penal Reform. I succeeded in inviting that organisation in to Jersey to review how children had been treated by Jersey’s criminal justice system. The resultant review endorsed every single point Bellwood and I had been making.

Perhaps Walker needs reminding of the letter he wrote to the Howard League in an attempt to smear me, and discourage them from undertaking their review?

The Howard League review – as good as it was – was focused upon a narrow, but important, part of Jersey’s child-protection system. The need for a fully empowered, broad public inquiry remained.

I’m not sure it’s possible to convey – really – to other people just what it was like – how desperately hard and Kafkaesque it was to fight for a full public inquiry. Lies, obstructions and deceit were everywhere.

For example, here is a quote from a draft statement that was going to be issued by Jersey’s cabinet, the Council of Ministers, of which Frank Walker was the Chief Minister: –

“Thirdly, the Council has decided to accept the recommendation of the Health and Social Services Minister, that a Committee of Enquiry should be established. At its next meeting on 6th September, the Council will consider terms of reference for this much wider review of child protection procedures throughout the States.”

That draft statement was discussed at a Council of Ministers’ meeting on the 26th July 2007, when the CoM were going through the motions but secretly boiling-up a “crises” from the honest answer I had given to the Jersey parliament. In reality – unbeknown to me until far later – a conspiracy to engineer my dismissal was underway and already being enacted, for example, at meetings the day before.

We know that for a fact now, because we have the evidence in the form of a file-note written by the then Police Chief Graham Power immediately after he left a Corporate Management Board meeting on the 25th July 2007.

The Police Chief noted the conspiracy, and said this: –

“BO [Bill Ogley] 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.”

This is how the entire apparatus of the state fails to protect vulnerable children – enables the abuse of vulnerable children – and actively oppresses those who try to protect vulnerable children.

Good, honest Police Chiefs take a stand against corruption – do the right thing – and get oppressed as a result. Conscientious Social Services Ministers take a stand against decades of failure – and get  oppressed as a result.

Criminal civil servants like Bill Ogley engaged in unambiguous corruption – and get over £500,000 in pay-offs and a gold-plated pension.

This is how horrifyingly vast, systemic child-protection failures happen.

The Committee of Inquiry said today, 3rd April 2014, that they wanted to learn – to develop an understanding of the factors at play; they said they wanted to be told the kind of questions they should be asking.

OK – the public inquiry wants to know the kind of questions that must be asked to uncover the toxic heart of just how the grotesque failure of the Jersey polity occurs?

Here, then are some pertinent questions that take the Inquiry into the heart of darkness:

How is it that the first Jersey politician to identify, investigate, uncover and make public the child-protection failures ends up arrested, prosecuted by conflicted Attorney Generals, his career destroyed, and politically imprisoned for whistle-blowing?

How come the first and only Jersey Police Chief to have required a full and serious investigation into the child-abuse and its cover-ups is subjected to an illegal suspension, his professional reputation trashed, denied due-process, and denied justice by conflicted judges?

How  – by way of contrast – did the two successive Chief Ministers  – Frank Walker and Terry Le Sueur – who were centrally involved in the machinations to obstruct people like me and Graham Power – and who both told a successions of breathtaking lies to the Jersey parliament when questioned over these matters – both get OBEs?

How did a directly and corruptly conflicted Attorney General – William Bailhache – who did all he could to oppress me – who blocked prosecutions – who associated with priority criminal suspects – who lied to the Jersey parliament – and who attempted to illegally coerce the Police Chief Graham Power – get to be recommended to the Queen for appointment as Bailiff?

Just what role have successive Lieutenant Governors played in these matters – and how many non-executive directorships – and other emoluments and benefits – have been given to successive Lieutenant Governors by the Jersey establishment?

Dig into questions of that type – and many similar such questions – and the Committee of Inquiry will start to expose and understand the wholly corrupted polity of Jersey – and how its stagnant, rotted oligarchy can still be resisting the clear need to restore the objective rule of law so as to protect vulnerable children – six-and-a-half years after the plain facts were known and the structural failure of governance in Jersey was confronted.

Enough of the facts were known – over six years ago –  to enable a recognition of the fundamental inadequacies of governance in Jersey.

I identified those facts, and stated them in the e-mail below, dated 15th November 2007.

You want to understand how so many children can suffer – how so much child-abuse can be concealed – for so long –  by so many people – by the entire apparatus of the polity?

Read the e-mail below – then reflect upon the intervening six years of unremitting war of oppression the failed apparatus has waged upon survivors, whistle-blowers, good police officers, campaigners, bloggers – those who have tried to do the right thing.

This is how so much child-abuse can be covered-up, by so many, for so long.

Stuart Syvret

E-Mail to Jersey’s Law & Justice Agencies Concerning the Corporate and Structural Failure of Child-Protection in the Island, written by Stuart Syvret – 15th November 2007.

From:  Stuart Syvret  Sent: 15 November 2007 20:18 To: Graham Power; William Bailhache; Bailiff of Jersey; Michael Birt; Ian Le Marquand; Ian Christmas Cc: ‘andrew.brown@bbc.co.uk’; Andrew Williamson; ‘andrewwilliamson15@hotmail.com’ Subject: The Rule of Law & Child Protection in Jersey

Gentlemen

I write concerning the present examinations of the standards and performance of Jersey’s child welfare and protection apparatus. I am including the Lieutenant Governor as a recipient to this e-mail, given the UK government’s ultimate responsibility for the rule of law, the administration of justice and of good government in Jersey.

Although this e-mail is, of necessity, long, all I require from each addressee is a simple yes or no answer to the questions I ask at the end of this text.

Earlier this year, I began to become more and more dissatisfied with the performance of child welfare and protection services. I first made these concerns public in an oral answer in the assembly to a question from Deputy Judy Martin. Following this, and various concerns I was raising within the department, various civil servants, who understood perfectly well their inadequacy, set about engineering my removal from office.

However, since early summer up to the present, I have been researching the various issues in great depth. This has included speaking to very substantial numbers of people, including teenagers, young adults, parents, older people and front-line staff. This work is continuing – and looks as though it will continue for some time, such is the nature of the material.

This brings me to my point in writing to you.

I have no doubt whatsoever – and this is a view shared by experts from the UK who are advising me – that a variety of criminal offences against children have been committed, over a sustained period of time, by the States of Jersey through its various departments, and the Crown, through the Courts. Moreover, I am increasingly of the view that not only are we considering a variety of unlawful practices, conduct and  policies of the state, but also prima facie criminal offences committed by individuals employed by the States.

The scope and scale of the offences clearly involves every arm of the state; the executive, the legislature and the judiciary. I will explain why this is obviously so in more detail below. But in essence, the situation is this: all three arms of the state are deeply and inescapably conflicted in these matters. This would not be the case in a large nation-state, but in a very small self-governing jurisdiction such as Jersey, the conflicts of interest are boundless, obvious and inescapable.

Personally, I find it very difficult to imagine how some criminal investigations and prosecutions could not now take place. And in the interests of possible victims, in the interest of the good administration of justice, and in the interests of Jersey’s reputation – any arising criminal investigations, prosecutions and trials cannot now be carried out by the relevant local agencies.

The Police Force is conflicted, what passes for a prosecutory service in Jersey is conflicted, and the judiciary are conflicted. These conflicts exist for both specific reasons, and also for certain general principles.

I do not believe the island has any choice other than to commission a specialist team of police officers from an unconnected force in the UK to investigate any and all complaints; no choice other than to  invite the Department for Constitutional Affairs to assign a suitably qualified person to act as Crown Prosecution Agent; and no choice other than to invite the DCA to assign a Judge or Judges to hear any trial.

1: The Conflictedness of the Police.

During interviews with teenagers, young adults and their parents, it is alleged that various assaults, unlawful conduct and abuses of children under both the Children (Jersey) Law 1969 and the Children (Jersey) Law 2002 have been committed by the police on various occasions.

The police force appears to have not comprehended the fact that the legal requirements to protect, and safeguard the welfare of, children does not cease to exist merely because the child in question has committed an offence. This, it would appear, has led to the fairly regular use of excessive force against unruly, drunken or abusive children. I have had reports of worse; of incidents which appear to be little more than violent assaults. To refer to just one victim as an example:  arresting a drunken and abusive girl in the police station foyer by the method of dragging her across the floor by her hair. The same child on another occasion was arrested for drunkenness and was actually lifted off the floor by a male officer by the handcuffs around her wrists. The same girl was also re-arrested when due for release from Greenfields after  2 weeks on remand – and held for another 4 weeks in an attempt by officers to make her confess to a breaking and entering offence they needed to clear up. Whilst in the custody of the police, the police have “parental responsibility”, as defined by law, for any child so held. I have had several accounts of this legal obligation not being met. To take just the female referred to above, on one occasion she was held in a police cell overnight, locked in despite her heavy state of intoxication, the cell call-buzzer was switched off, she was unable to call for water, her mother was not permitted to see her when she came to the station, no female officer dealt with her, her period began in the night and she had no sanitary product available to her. When she was eventually released to her mother in the morning, she was severely dehydrated, ill, exhausted and covered in blood from her period.  It should also be pointed out that people in a heavily intoxicated state can die if left unattended, usually through such mechanism as choking on vomit. That this didn’t occur in this case is more down to luck than judgement.

This is but one example. There appears to be a cultural view that the unlawful maltreatment of children somehow becomes acceptable if they have committed an offence. So widespread and so persistent does this culture appear to be, that it is, frankly, impossible to imagine the States of Jersey Police Force carrying out an acceptably objective wide-ranging enquiry into its own long-term conduct.

2: The Conflictedness of the Prosecutory Service.

In Jersey, decisions whether to prosecute are ultimately made under the authority of either the Attorney General or the Solicitor General. As has already been accepted by her and the Attorney General, the Solicitor General is conflicted as she has also been the legal adviser to the Children’s Service for many years.

As far as the Attorney General is concerned,  some time ago when I was Minister for Health & Social Services I sought from him (I still have the correspondence)  the full police report and its six appendices into the abuse scandal at Victoria College. My reason for needing this information was that I was examining what went wrong in that case, whether the then current law was defective, how it compared to our present Children Law – and whether what we were doing today – in the light of the Bichard Report – was adequate. It proved immensely difficult for me to obtain anything from the Attorney General. After much persuasion he eventually sent me a version of the police report – with no appendices – but the version was so redacted as to be utterly useless. Indeed, it contained far less information than that contained in the Sharp report – which he knew I possessed already. I was not, therefore, properly able to consider this key material with a view to ascertaining what went wrong and why only one prosecution was mounted. The Attorney General’s actions in behaving in this way actively obstructed me in my lawful work under the Children (Jersey) Law 2002 in that I was not able to carry forward my investigation into improvements in child protection, and the relevant legislation.  This obstruction of the lawful duties of the Minister for Health & Social Services, as defined in the Children (Jersey) Law 2002, may well have been unlawful.

In any event, it certainly matches a pattern of “political” decisions made by both the present Attorney General and his predecessor. The present Attorney General is noted for his “political” interventions. For example, his recent political interference with the work of a Scrutiny Panel in respect of the lawfulness – or otherwise – of the present prosecution and trial procedures engaged in by the honorary police and the Magistrates Court. It appears likely that the present procedures are not human rights compliant – or rather were not human rights compliant, given the Attorney General’s very recent instruction to change procedures. Were it to be found that the procedures were not human rights compliant, the implications for the reputation of Jersey and of its ability to properly pursue the rule of law would be severe indeed. It could, for example, lead to many people – perhaps hundreds from over the decades –  seeking to have their conviction at the Magistrates Court overturned on the grounds that their right to a fair hearing was compromised. The Attorney General has even been publicly quoted as saying that the disclosure of the Cooper opinion “would not be in the public interest” – a political comment if ever there was one.

It is also the case that, having repeatedly exhibited such concerns for the public image of the States of Jersey,  the Attorney General could hardly be relied upon to set aside such political considerations and instead view his prosecutory duties entirely impartially in the present controversy. Quite obviously, the reputational fall-out for the island’s oligarchy from any widespread prosecution of States departments and of individuals employed by the States would be very considerable and very serious.

It is entirely feasible that many of those children, many of whom are now young adults, who have been convicted of offences will now seek to have their convictions considered unsafe given the human rights issues arising out of the somewhat bizarre prosecution arrangements, and for other reasons too.

The Law Officers in general are also conflicted for this reason. As well as providing a prosecutory service, they also routinely act as legal advisers to both the island’s parliament and the various executive departments. Whilst this of itself is clearly unsustainable, what is the proverbial ‘man on the Clapham omnibus’ supposed to make of the likelihood of these senior establishment figures – actually prosecuting the very departments and executive they routinely give legal advice to? No reasonable person could see them as meeting a reasonable test of objectivity.

A further – and in some ways even more insurmountable conflict – is this. It is plain that many States departments have – for very many years – been breaking various laws in respect of the care, protection and welfare of children. Obviously and inescapably so. Therefore one of the most pressing and obvious questions is this: why has neither the Attorney General or the Solicitor General ever correctly advised the relevant departments that their practices were unlawful? Why have no departments been prosecuted? It is plain that much – perhaps even a great deal of – the culpability for the States of Jersey engaging for decades in policies  which were unlawful lays with the Attorney General and the Solicitor General.

Therefore, for the Attorney General and the Solicitor General  to undertake any widespread prosecution of States departments would be to effectively put themselves on trial as well. Possibly as defendants; certainly reputationaly. Not a sustainable or credible situation.

We also have to consider the long-term record of the office. The previous Attorney General – now Deputy Bailiff, Michael Birt – in fact exhibited all of the politicised and conflicted behaviour I describe above. As is plain from the now widely distributed Sharp report, the now Jurat Le Breton, who, at the time was Vice Principle, should have been prosecuted at the time of the child abuse scandal at Victoria College. Just as should the Principle. Just as should Francis Hamon, a Governor of the school at the time and a person who went on to become Deputy Bailiff. Just as, of course, should Piers Baker, the man who thinks paedophilia is “teachers perks”. Whilst a strong case could be made for the prosecution of Le Breton, Hamon, Hydes and Baker for attempting to obstruct the course of Justice, the relevant Law, prima facie breached, was the then current Children (Jersey) Law 1969.

I quote Article 9 here:

9      Cruelty to children under 16

(1)    If any person who has attained the age of 16 years and has the custody, charge or care of any child under that age wilfully assaults, ill-treats, neglects, abandons or exposes him or her, or causes or procures or permits him or her to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause him or her unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, limb, or organ of the body, and mental derangement), he or she shall be liable to a fine or to imprisonment for a term not exceeding 10 years, or to both such fine and such imprisonment.

Le Breton, Hamon, Hydes and Baker should have been prosecuted for breaking this part of the Law. Unambiguously so. At best, all four of these creatures ‘caused’ or ‘permitted’ the children to be ‘assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause him or her unnecessary suffering or injury to health’.

No such prosecutions took place. It is plain that Michael Birt placed the “reputational” considerations of the Jersey Establishment above the proper protection of children – and above the rule of law.

But this was not the only example of political considerations overriding the rule of law. When Attorney General, Michael Birt also abandoned a prosecution for very serious offences.

The case I refer to was the prosecution of Mrs Jane Marie Maguire and Mr Alan William Maguire. The Act of Court records that the prosecution was abandoned on the 20th November 1998.

“Her Majesty’s Attorney General declared that he abandoned the prosecution against Alan William Maguire and Jane Marie Maguire on the ground that there was insufficient evidence to support it. The Court therefore discharged the said Alan William Maguire and Jane Marie Maguire from the prosecution and, by virtue of Article 2(1)(c) of the Costs in Criminal Cases (Jersey) Law, 1961, ordered the payment out of public funds of the costs of the defence”.

The Maguires were routinely beating, abusing through grotesque punishments, neglecting and treating with great cruelty many of the children that passed through the “group home” they ran at the time for the Education Committee, which body had responsibility for child “protection” at the relevant time (1980s to mid-1990s).

When I was  Minister for H & SS, just one of the many issues I had recently had drawn to my attention by whistle blowers was the case of the Maguires. I requested access to the relevant files. I read the two very substantial lever arch files and one smaller ring-binder file. The evidence contained in these files seemed absolutely compelling. Many witness statements, affidavits of victims, statements from other members of staff, an “internal” report from 1990 by Social Services, which concluded that the actions complained of were happening (though the “performance” of Social Services in this matter is another question entirely) and, essentially a catalogue of utter savagery against the children.

Yet Michael Birt concluded that there was “insufficient evidence” to continue the prosecution. The evidence described many children being routinely – over a period of years – beaten with fists, implements and other items which were used as weapons against them. They were frequently made to eat soap. They were made to drink Dettol. One child had his head smashed violently against a bunk bed frame. One of the part-time support staff witnessed Mr Maguire throw a child a distance of about 7 feet across a room to impact against the wall because the child was not tidying up to Maguire’s satisfaction. Psychological and emotional cruelty and abuse were routine. A female child resident was sexually abused by Mr Maguire.

Most of these offences were evidenced, and witnessed by former victims and junior staff members – and yet the then Attorney General claims to have had “insufficient evidence” to mount a prosecution?

It just won’t wash, I’m afraid.

Clearly – to have prosecuted the Maguires would have been to expose to outrage and contempt a States of Jersey department for permitting the abuse to continue for a decade, and to have acted unlawfully in not informing the police the instant the abuse came to the department’s attention. Further, the department would have been viewed with even greater contempt and disgust by the public when it became known that Mrs Maguire was kept in employment by the department for some years afterwards – working in the Child Development Centre! It would, of course, also have meant exposing to contempt and disgrace that Establishment icon, Iris Le Feuvre, then President of the relevant Committee who happily went along with all this in 1990 and, moreover, wrote a quite sickening letter of “thanks” to the Maguires.

It is plain that the failure to see through the prosecution in this case represents a complete breakdown in the rule of law. An abandonment of justice in order to protect the “reputation” – such as it is – of the Jersey Establishment. The victims of the Maguires were denied justice.

In case you do not remember the relevant documents, I attach to this e-mail copies of the Sharp Report into the Victoria College abuse scandal, the 1999 H & SS report into the Maguire case, and the associated letter from Iris Le Feuvre.

I’m afraid the facts make it plain that the people of this island of Jersey cannot rely upon this prosecutory service delivering the expected protections normally afforded by the rule of law. At least not when the reputation of the Jersey Establishment is at risk.

There can be no possibility of the necessary test of the appearance of objectivity being met by the Jersey prosecutory service in respect of any possible prosecutions arising out of these grotesque failures by the States in child welfare and protection cases. We must invite the DCA to appoint a special prosecutor who has no association with the island.

3: The Conflictedness of the Judiciary.

It is not even remotely possible to conclude that the Jersey judiciary could realistically be involved in hearing, and adjudicating upon, any case arising out of these child welfare and protection issues.

It is, for example, plain that the Jersey Magistrates Court has been acting unlawfully for many many years in its approach to imprisoning children; using remand, as a de facto sentencing device, failing to deliver the requisite ‘fair hearing’ as required by the ECHR – and, perhaps most seriously, actually assigning and prescribing the type of accommodation which remanded or sentenced children would be held in. For example, specifying they be held in a cell at Les Chenes or Greenfields, as opposed to a bedroom. This was through the device of designating the child as a “Status 1” or a “Status 2” prisoner. Status 2, being those who were allowed to mingle with other child inmates – and Status 1 being the isolation regime, which included very substantial amounts of punitive and coercive solitary confinement. Solitary confinement when used in this way is classified as torture by international convention, it is deeply harmful and damaging to children, it is unlawful. To treat children in this way has been for the Courts and the States of Jersey to be committing straightforward criminal offences against children. This is institutionalised abuse.

The Status 1 cells  – quite contrary to the impression the Minister for Education sought to portray – until recent times had unpainted cement walls with no furnishings. The bedding consisted of a school gymnasium-type crash-mat on the floor. Even this would be removed during the daytime. One of the cells, cell 4, did not even have an eye-level window, but merely a high, inaccessible skylight.

As explained above in the context of the prosecutory conflicts, the facts show that the Deputy Bailiff , when Attorney General, has – on more than one occasion – demonstrated himself to attach far greater importance to protecting the image of the island’s oligarchy, over and above the rule of law and the protection of children. Indeed, it is entirely  feasible that his very position should be brought into question following the full public exposure of these issues.

The Bailiff too, cannot be seen to be objective. He too is conflicted. The reasons for this are several. He is one of the individuals who needs to face questions over his past  failure to protect children from paedophiles. For example, when he was Attorney General, he failed to take the appropriate action to prevent the paedophile Roger Holland from joining the St. Helier honorary police. Holland went on to abuse children whilst a parish police officer.

The Bailiff was also the Chairman of the Board of Governors of Victoria College during the early phases of the child abuse which eventually lead to the conviction of Jervis-Dykes. The paedophilic activities of this man were brought to the attention of the School leadership again and again – yet he was allowed to remain in post and committing abuse for years before – eventually – being arrested and charged. Again, this is a matter that should be investigated, and upon which the Bailiff should be required to answer some serious questions.

As already pointed out above, it is plain from the now widely distributed Sharp report, that the now Jurat Le Breton, who, at the time was Vice Principle, should have been prosecuted at the time of the child abuse scandal at Victoria College. His actions, along with the Principle, were disgraceful – scarcely believable. He and the Principle – instead of contacting the police at the very first hint of abuse,  instead made a clear attempt to humiliate and intimidate some of the victims into withdrawing their complaints by disbelieving them, questioning them in a school office environment – and doing this in front of other people! These actions were a prima facie breach of Article 9 of the Children (Jersey) Law 1969, as quoted above.

Were all this not bad enough, we must recollect that Le Breton deemed himself a fit person to sit in Judgement on the then St. Helier Constable Bob Le Brocq who had had the misfortune to have the paedophile Holland as a member of his St. Helier honorary police force. The Superior Number of the Jersey Royal Court on this occasion being led by the Bailiff,  who pronounced the judgment. It, apparently, not occurring to him that Victoria College had tolerated paedophiles amongst its staff when he was Chairman of the Board of Governors. In addition to the Court records, the events of the Le Brocq trial are explained in the front-page lead news story of the Jersey Evening Post, dated 27th February 2001. That Le Breton had the sheer gall to be in Court for this occasion beggars belief.

Perhaps the fact that Le Breton was a Governor of Les Chenes goes some way to explaining the unlawful and abusive regime which existed there.

The position of Le Breton is completely untenable.   It would also take a deeply fanciful construct to maintain that any of the Jurats could be considered sufficiently remote and impartial in these matters. All are friends and colleagues  of the Bailiff and Deputy Bailiff; friends and colleagues of the Attorney General and Solicitor General. But in particular, all are friends and colleagues of Jurat Le Breton. It is well established in respectable jurisprudence that people cannot be a part of a jury if they personally know any of the key actors in a case.

All of the Jurats fail this test.

Moreover, each and everyone of the Jurats is drawn from the traditional ranks of the island’s Establishment. As detailed above – an Establishment that puts its own interests – the protection of its image, and of its power – over and above the pure consideration of the rule of law, should the oligarchy be threatened in any way.

Given the above facts, it is plain that we are dealing with the customary failing of public administration in Jersey. This being the habit of tolerating incompetence, derelictions of duty, institutional inadequacy and disgraceful mal-conduct – so when things begin to get exposed – every relevant person and agency shares the same collective interest in the cover-up and in the oppression of dissent.

Politicians, the police force, the Attorney General, the Solicitor General, the Bailiff, the Deputy Bailiff, the Jurats, the Magistrates – essentially the entire panoply of agencies have a shared, substantial and very very serious collective interest in burying all of the above-described  past issues – and certainly all of the forthcoming issues – which are going to be exposed – whether Mr Williamson wants to do it or not.

In the case of this long-term, sustained cultural failure to properly protect and defend children, the entire edifice of public authority in Jersey is on trial. It, therefore, has an inescapable self-interest in again sabotaging the rule of law and engineering another cover-up.   It is a fact well established by centuries of respectable jurisprudence that not only must the administration of justice be impartial – it must also be seen to be impartial. No aspect of the current policing, prosecutory or judicial apparatus in Jersey could remotely hope to meet this test in respect of the child protection issues arising out of the present episode.

Although the Jersey Establishment is heavily characterised by its overweening arrogance, megalomania and invulnerability, sooner or later, even it will have to face facts. The year is 2007 – not 1897.

My question to each of you is simple:

1:  Would each one of you please confirm to me that you recognise the hopeless level of conflictedness of each of your services, and that you agree to invite the Department for Constitutional Affairs to independently appoint the necessary and relevant agencies from the UK to undertake any necessary police investigations, prosecution, and to hear any relevant trial?

Thank you for your assistance.

Senator Stuart Syvret

States of Jersey