EXTRACTS FROM ARMAGEDDON: # 6

COMMUNIQUÉS FROM THE APOCALYPSE.

Today’s liftings from the lever-arches – and bulletins from the boxes.

Stuart Syvret

EXTRACTS FROM ARMAGEDDON # 6

“The conflicted magistrate Bridget Shaw repeatedly refused defence requests for disclosures of evidence; for example, refusing to assess, and recommend to the prosecution disclosure of any of the evidence relevant to the defence abuse-of-process application.

Thus – notwithstanding stark and obvious abuses-of-process at the outset – just for example, the direct, political and personal contamination of the individual who ordered the prosecution and charging, William Bailhache – the applicant was prevented from making an effective abuse-of-process argument at all stages.

A very clear, extensive and fully argued disclosure list was prepared by the defence at the outset and sent to Advocate Robin Morris. The conflicted Bridget Shaw colluded with the prosecution throughout in denying the defence access to the vast majority of that material.

Bridget Shaw repeatedly and continuously obstructed and denied the calling of virtually every defence witness.

For example – it was necessary as a part of the abuse-of-process application to call the Attorney General William Bailhache – and the illegally suspended Police Chief Graham Power. The defence issued a summons to subpoena Bailhache – but Bailhache heard about this from his friend – and Michael Birt’s subordinate, Judicial Greffier Michael Wilkins – and quiet extraordinarily – simply told Wilkins not to issue the summons.

Even more extraordinarily – Wilkins obeyed Bailhache’s instruction.

When the failure to issue the summons of her friend William Bailhache, by Wilkins was later raised in court by this applicant, rather than seeing Wilkins’ conduct for the grossly improper action it was, Bridget Shaw endorsed this interference with justice – and refused to allow the defence to call the witnesses.

Further – and at the conclusion of the prosecution – Bridget Shaw had supposed “contempt of court” charges brought against the applicant – quite extraordinarily, with less than 24 hours notice – refused to allow the applicant to reserve his plea – refused to allow him an adjournment to prepare a defence against them – proceeded to find him ‘guilty’ – refused to allow an adjournment to enable him to prepare a mitigation plea – refused to grant him bail pending appeal – and had him imprisoned, there and then.

This for charges the applicant had had less than 24 hours notice of.

[In general terms, the conduct of magistrate Bridget Shaw is widely regarded as wholly bizarre. For example, in a recent, unrelated and on-going case of a prosecution for an alleged  minor, technical planning law infraction, Shaw placed the accused local business proprietor on police-bail – a requirement of which was that he report to the police station – once-a-day. This madness went on for two weeks until the bail condition was scrapped by a different magistrate. ]…….”

 

“……..The Jersey Data Protection Law is approved by her Majesty in Council. It is – to all practical purposes – a copy-&-paste of the equivalent English legislation. Like the English Data Protection Law – it was introduced to do what it says on its face; such purposes include – expressly – and unambiguously – public-interest disclosure provisions, and provisions for the protection of journalism.

It was – plainly – nota part of the “legislative intent” – of the UK parliament – nor of the Jersey parliament – when introducing the Data Protection Laws – to suppress legitimate public-interest disclosure, nor to suppress journalism.

But yet – wholly perversely – and in a way that has no equivalent interpretation, use or enforcement in any other Western democracy – and that by the actual admission and boast of Jersey’s Data Protection Commissioner, and in overt defiance of what the legislation actually says on its face – the Jersey legislation has been abused for just such corrupt and oppressive purposes.

That this has been permitted to occur is a gross, ultra vires failure of the Secretary of State, Privy Council and her Majesty in Council’s oversight function in respect of the approval of primary legislation in Jersey.

If her Majesty in Council approves primary legislation for the Crown Dependency of Jersey – a process which, if it is to be reasonably diligent and competent must examine the said legislation for its basic vires, and to ensure it is compliant with UK treaty obligations, such as the ECHR – such consideration by her Majesty and the advisory apparatus must take the draft law on its face.

If the approval of primary legislation by her Majesty in Council was to knowingly involve the approval of “laws” that said one thing on their face – and which had a plain purpose, and satisfactory safe-guards built in – but which were then going to be abused and applied for other purposes, contrary to the wording of the law, then the process of approval by her Majesty in Council would be a fraudulent process.

However – the reasonable and operative assumption has to be the process of approval by her Majesty in Council of primary legislation is not a fraudulent process – but, rather, it is undertaken objectively and in good faith.

Expanding on that latter view, it is reasonable to assume that when her Majesty in Council gave approval to the Jersey Data Protection Law – which for all practical purposes and insofar as is relevant to these applications, is identical to the UK Data Protection Law – the assumption of her Majesty and her advisors was that the Jersey Law would be applied in accordance with what that law actually says – and its legislative purposes.

But that is not how the Jersey authorities have used the Data Protection Law.  

For corrupt, oppressive  – and frankly dangerous purposes – they choose to ignore entire, vital, sections of the Law – its key-safeguards – such as public interest disclosure and journalism – and have instead invented for that Law entirely unwritten purposes – such as the suppression of opposition politicians, journalists and bloggers – and enabling Jersey’s authorities to corruptly conceal serious crimes.

Further – the Jersey authorities have invented for that Law a power to engage in overt, undisguised discrimination.

The oppressive purposes the Jersey authorities have invented for the Data Protection law – are only applied and enforced – against their opponents.  Dramatic and evidenced examples exist of the oppressive abuse of the Data Protection Law against opposition politicians and writers – which contrast with jaw-dropping examples of failure to apply the law against actual, overt criminals in connection with data abuses, but who happen to be on the side of the Jersey oligarchy.

It is unlawful for her Majesty in Council to permit the Jersey Data Protection Law to be abused for manifestly corrupt, oppressive and discriminatory purposes – purposes which are directly counter to the actual written provisions of the Law – and counter to that Law’s legislative purposes.

Further – the oppressive and discriminatory abuse the Jersey authorities have been permitted to make of the Data Protection Law – quite in addition to simply not being a legitimate purpose of that law, and an abuse of the process of approval by her Majesty in Council – also has the effect of placing the United Kingdom in stark and plain breach of its obligations under the European Convention on Human Rights.

For example – this applicant – and others in Jersey – have suffered, and continue to suffer, human rights abuses directly in violation of:-

Article 3 – Inhuman or Degrading Treatment;

Article 5 – Liberty and Security;

Article 6 – Fair Trail;

Article 7 – Retrospectivity;

Article 8 – Private and Family Life;

Article 10 – Freedom of Expression;

Article 11 – Freedom of Association;

Article 13 – Effective Remedy;

Article 14 – Discrimination.

And Protocol 1-

Article 1 – Peaceful enjoyment of possessions;

Article 3 – Free expression of the opinion of the people in the choice of the legislature.

To take merely two of the above-listed Convention Rights – 10, Freedom of Expression, and 14, Discrimination – the overt, continuous and dramatically evidenced abuses of those Rights by the Jersey authorities places the United Kingdom  – and thus the respondent authorities, the Crown, Privy Council and Secretary of State – in clear breach of the ECHR.

It is unlawful for any public authority to breach the provisions of the ECHR.

Those unlawful actions of the respondent authorities are seriously compounded by the plain and obvious lack of any effective remedy – contra Articles 6 and 13 – in the politicised and directly conflicted “judicial” apparatus of Jersey.”

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