THE DAILY TELEGRAPH ON JERSEY.

Why should Channel Islanders
Have to Fight for an Impartial Judiciary?

The Daily Telegraph Reports the Battle.

I reproduce below this brief post an article from The Daily Telegraph which deals with the Jersey child abuse disaster.

It reports, amongst related matters, on my submission to the United Kingdom Justice Secretary, Jack Straw MP.

Whilst Jersey is self-governing, as are all of the Channel Islands, ultimately the Crown – in practice, the UK government – has responsibility for the good administration of justice in what are known as the Crown Dependencies – these being the Channel Islands and the Isle of Mann.

For a variety of complex reasons – no part of the Jersey prosecutory authorities or judiciary can remotely be regarded as impartial in any matter arising from the Jersey child abuse disaster.

This is not merely my opinion – it has also been the opinion of every lawyer I have asked for a view on the subject.

It is for this reason I have written to Jack Straw on behalf of my constituents asking that he meet the United Kingdom’s obligations to ensure the good administration of justice in Jersey.

Read the Daily Telegraph, a newspaper which has reported on the Jersey child abuse disaster in an accurate and ethical manner.

Stuart.

Jersey abuse case: Jack Straw urged to step in.

By Gordon Rayner, Chief Reporter
Last Updated: 5:42PM BST 02/06/2008

Jack Straw, the justice secretary, has been urged to personally oversee the prosecutions of alleged child abusers in Jersey by campaigners who fear the island’s rulers will try to sweep the scandal under the carpet.

Stuart Syvret, a former minister in Jersey’s parliament who lost his job after drawing attention to allegations of abuse, has written to Mr Straw asking him to ensure justice is done.

Mr Syvret, who remains a member of the parliament, claims there is a very real danger of political interference in the judicial process, because of significant overlaps between the legislature and the judiciary.

Mr Straw has the power to impose his will on the otherwise autonomous Channel Islands because the Privy Council, which comes under his jurisdiction, must ensure ‘good governance and the proper administration of justice’ on the islands.

Since the investigation into alleged abuse at the Haut de la Garenne former children’s home began, some of Jersey’s ministers have criticised and even ridiculed the police inquiry.

The Bailiff of Jersey, who is both the speaker in the island’s parliament and the head of the judiciary, used a speech last month to claim that the true problem in Jersey was the media’s coverage of the ‘so-called child abuse scandal’.

The island’s Chief Minister, Frank Walker, has accused Mr Syvret of trying to ‘shaft Jersey internationally’ by drawing attention to the problem.

So far three people have been arrested in connection with the child abuse inquiry, but police expect up to 70 arrests in total.

Mr Syvret said: ‘The Jersey establishment will do everything in its power to minimise these prosecutions, and if any of the people (charged) are even faintly senior the sentences they get will be negligible, if they are found guilty.

‘I have asked Jack Straw to intervene by imposing independent prosecutors and judges from the UK because Jersey’s judicial system just can’t meet the test of being impartial.

‘In the longer term I have also asked him to force permanent change on Jersey and the other Channel Islands to ensure complete separation of the judiciary and legislature.’

Mr Syvret claims victims of abuse have in the past been ‘betrayed’ by Jersey’s judicial system, with previous investigations being dropped.

If Mr Straw does not agree to send British judges to Jersey, Mr Syvret says he will seek a judicial review of the decision on behalf of more than 40 alleged victims of child abuse with whom he is in touch.

Police in Jersey are currently awaiting the results of laboratory tests on bone fragments and children’s teeth discovered during months of excavations of cellars at Haut de la Garenne, which closed as a children’s home in 1986.

Deputy Chief Officer Lenny Harper, leading the investigation, has said some of the bones had been cut, indicating ‘homicide or unexplained death’ and if carbon dating shows the bones to date from after the Second World War, a murder investigation will be launched.

The police have a list of 116 alleged victims of physical and sexual abuse at the home and at other Jersey institutions, who claim they were tortured in the cellars below Haut de la Garenne.

Mr Straw is already awaiting the outcome of a judicial review into another decision on Channel Island affairs.

Last month Sir David and Sir Frederick Barclay, the proprietors of Telegraph Media Group, challenged Mr Straw’s decision to approve a proposed new constitution for the island of Sark, which has been run as a fiefdom for hundreds of years.

Critics of Sark’s proposed constitution say it does not amount to true democracy and could violate European Human Rights legislation.

:: A 45-year-old man appeared in court today in connection with the sex abuse probe at Haut de la Garenne.

Michael Aubin, who was born in Jersey and lives in Southampton, Hampshire, faces two counts of indecent assault on a seven-year-old boy and a 13-year-old boy and one count of buggery on an eight-year-old boy.

The charges relate to three different children and are alleged to have been committed between January 1, 1977, and December 31, 1980, at Haut de la Garenne.

Aubin, who lives in St Denys, Portswood, Southampton, was remanded in custody during the hearing at Jersey Magistrates’ Court.

He will appear before the same court on June 30, for committal to the island’s Royal Court.

Aubin was arrested in the Southampton area by Jersey officers on Thursday and taken back to the island, where he was charged on Saturday.

25 thoughts on “THE DAILY TELEGRAPH ON JERSEY.

  1. Anonymous

    Newsnight archive

    “Newsnight has obtained a tape recording in which Mr Wilson says that if what he’d been up to got out, Jack Straw thought he’d be finished. Michael Crick reported.”

    http://news.bbc.co.uk/1/hi/programmes/newsnight/archive/2333595.stm

    I would LOVE to know what Jack Straw did that made him feel that his political career would be over, and I guess a lot of other people would like to know as well.

    Zoompad

    Reply
  2. Frank

    I have written to Jack Straw at the Ministry of Justice (sounds like something out of 1984 ) supporting Stuart ‘ s request for an independent legal judiciary to oversee the abuse cases . I would urge everyone to do this as well .

    Reply
  3. donchais

    I wonder, will Jack Straw do anything? Now that Stuart’s request is in the media, I’m hoping he does the right thing.

    Legal question I hope someone can answer. Is there plea bargaining in Jersey (forgive my ignorance)?

    I ask in regard to Aubin. Would his willingness to testify against others involved in the abuse at HDLG secure a lighter sentence?

    Thanks in advance!

    Reply
  4. Anonymous

    Stuart,

    I have also had problems in contacting your site. I tried to post on it yesterday but it crashed as I did this. Then had a Google message to say that there was a server error. Are the spooks getting at you?

    Reports are that GCHQ employ people who take down web sites that offend the powers that be.

    Reply
  5. Anonymous

    The imperative for labour was to keep Jack Straw in the home office at any cost as he is the gate keeper of all the secrets about

    1)The Illegal war on Iraq
    2) Any noise made in Amercia concerning Operation Ore where 7000names of peadophiles were gleened from credit cards which included prominent MP,s.

    Those who choose to ignore this only fool themselves.

    Reply
  6. Anonymous

    Great minds think alike Frank!

    I penned a letter to Mr Straw this morning, I’m typing it out after I log off here!

    Great idea, lets all of us support Stuart in this way, urging Jack Straw to promptly answer the letter that Stuart sent.

    Zoompad

    Reply
  7. Anonymous

    Here is my letter, just off to post it now:

    3rd June 2008

    Dear Mr Straw,

    I wrote to you on 10th January 2008 and did remind you that not only have I been a victim of institutional child abuse whilst in the care of Social Services, I have also been raped by a workmate of my late father, and became pregnant as a result of the rape. As if all that wasn’t enough, I have been taken through the family court system this past seven years by the man who raped me so that he can have his “parental rights” to the child born as a result of the rape. I have even been threatened with prison several times just in case I commit contempt of court in whatever manner the judge decides to interpret that.

    Basically, I have had a dreadful time and suffered malicious vindictive persecution. I am in the process of making a complaint to the European Courts of Human Rights, as it seems very unlikely that I am going to get anything, which remotely resembles justice from the British Justice system. All my complaints have fallen on deaf ears.

    I am still waiting for an explanation from yourself and from Bridget Prentice as to why the UK Government used a syndrome invented by an American psychologist called Richard Gardner, a man who championed paedophile’s rights in all the self published books he wrote, in a Government document which was the catalyst for keeping the family courts closed. I urge you to respond to this question Mr Straw, as it is imperative that children’s rights and safety must always come before the rights of people with an urge to have sexual intercourse with children in a civilised country such as Great Britain.

    I have been following the Haut de la Garenne story with great interest. This is because I realise that the way the victims of this institutional child abuse scandal are being treated in a similar way to the way the Staffordshire Pindown victims such as myself have been treated. I find it very disturbing to read about the way Mr Harper, the policeman in charge of the investigation, has been obstructed whilst in the course of his official duty, and has even received intimidation and death threats. Therefore,I would also urge you to reply to the letter Senator Stuart Syvret sent to you recently in which he urged you to use the power that you have to impose your will on the otherwise autonomous Channel Islands because the Privy Council, which comes under your jurisdiction, must ensure ‘good governance and the proper administration of justice’ on the islands.

    I hope you will give these serious matters the attention they deserve and take immediate action.

    Yours faithfully,

    Zoompad

    Reply
  8. Anonymous

    Stuart,

    This query may result in something quite important: do any of the survivors remember perperators who used means to avoid future recognition? Also, were drugs/alcohol used. Was there ever any form of ceremony attached to the chronic abuse. What do the woman say about pregnancy? What sort of night terrors do the survivors still endure? Did any of the perps have ‘posh’ voices?Etcetera.

    DT

    Reply
  9. Anonymous

    Yes its all a plot by Harold Wilson and Jack Straw

    grow up
    its the Jersey establishment (and yes the abusers)

    If

    Harold Wilson was possibly one of the most left wing PMs ever (thats why the right wing with the aid of the secret service and top brass in the army planned a coup)

    As for Jack Straw he is simply (but of course wrongly) doing what all Home Secretary’s do. Deny everything and support the status quo

    His brothers activities like that of Prince Charles or John Major in No10 have nothing to do with it.

    The issue as Stuart has pointed out is that the Home Secretary is wrong

    As was the Home Secretary who stoped the investigations in collabartion on the island after WW2

    Keep fighting

    Henri

    Reply
  10. Anonymous

    Nobody needs to be told to grow up!!! as for your other comments “As for Jack Straw he is simply (but of course wrongly) doing what all Home Secretary’s do. Deny everything and support the status quo”

    If maintaining the status quo means getting away with the sexual torture of children then it has everything to do with it.

    Only a fool would separate the two issues.

    The only person who has made mention of Harold Wilson is you Henri.

    It’s because of people who think “well this has nothing to do with the abuse in Jersey” that these things go on.

    Age and experience as well as being sexually tortured myself tells me what I need to no Henri.

    So when your telling people to grow up remember who are the angry people who have every right to be a little immature when it’s considered what these people have been through and undoubtedly many will still be suffering from Post traumatic stress and other related problems.

    When those who trample on those who attempt to say what they feel often they are trampled upon by the foot fall of fools.

    Reply
  11. Anonymous

    I don’t know. I am very puzzled about the replies to the letters I have written to Jack Straw and Bridget Prentice.

    I am not a person given to jumping to conclusions, but I am astonished at some of the replies I have recieved to my letters. I do not believe every bit of tittletattle in the media, but I know what I have written and what I have recieved back.

    Judging from this correspondence, neither MP seems overly concerned about institutional child abuse. I find that deeply disturbing.

    Zoompad

    Reply
  12. Rob Kent

    Actually, if you go to Netsweeper and test your site, it comes up containing ‘Hate speech’, so it is purely robotic (and dumb).

    Must be the colourful language you use!

    Netsweeper test

    Hey, and we thought it was just the Chinese and Saudis who did this kind of thing!

    Rob

    Reply
  13. Zoompad

    In the interests of the safety of children I think it is my moral duty to share the letters I have sent and replies that I have recieved from the Government and the Judiciary. I will be posting these letters on Zoompad’s Blog if anyone wants to go and have a look at them.

    Reply
  14. Anonymous

    Frank walker, although he is quite right to be careful what is said in “Public.” If he was not such a highly manipulative, aggressive single minded defiant greedy protector or the status quo in the do as you like we are rich Oligarchs brotherhood. We would think go on Frankie old son, when he said

    “State Members should stay silent on the police investigation into child abuse to avoid derailing any criminal trials,”

    I hope that does not mean Silent when they are all questioned by the police.

    However one could see a devious plot developing here!

    Let us just say that if one could send a message out to ones friends, do it within a message to the public; and actually say what you mean, then get away with it and appear as though you are diligently working for justice, to the benefit of the victims survivors as well as brave tireless Lenny Harper and his investigation team.

    This would be exactly how to do it. If Lenny Leaves and someone possibly the devil you don’t know takes over, nothing is said by politicians, then me thinks that another burial is underway and that will be the death of truth.

    It’s all in the words used, most likely scripted for him as he just isn’t bright enough to do this on his own nor are the rest of those who are so far up the pyramid to actually have independent thought.

    ‘It is of the utmost importance that these prosecutions, and any others, should proceed smoothly with all the support we can offer, and without any speculation or unwise comment which could jeopardise the judicial process, seriously let down the alleged victims or prejudice the fair trial of those against whom complaint has been made.’

    They may fool some of the people some of the time, all of the people some of the time. But they won’t fool all of the people all of the time. And he isn’t fooling me.

    Try again rusty brain…

    Reply
  15. Anonymous

    I fear that when Lenny goes the new bloke will be ‘nobbled’
    Stuart, do you know anything about the new incoming DCO?

    Reply
  16. Zoompad

    Nor me.

    What I am so anxious about is that these victims are faceless individuals, we do not know who most of them are.

    What happens (speaking from my own experiences of child abuse and years of vindictive malicious persecution) is this.

    1) The child is abused.

    2) Big cover up. The child is made to look like some sort of mini devil, even to the point of having stuff like “Lolita” written on her medical records.

    3) The child suffers PTSD, OCD ect

    4) child goes to doctor. Doctor prescribes all manner of wierd pills as in Alice in Wonderland!

    5) EITHER

    a)Child turns to crime

    b) Child overdoses either accidentally or on purpose on the crap prescribed by doctor, slashes wrists, hanging, jumps off bridge, drugs or/and booze ect

    c) Child stays sad

    d)Child realises something isn’t right with system

    6) If d) child tries to get justice.

    7) Child tries to get hold of medical records. They have either gone missing or been altered

    8) Child tries to get hold of Social Service records. Usually, they have gone “missing” (accidentally-on-purpose via the shredding machine) But if they DO turn up (Halleluya, praise the Lord) oh dear, they are obscured by great big black blothes, and unreadable.

    9) Child complains to police. They come round, write things down, go away and do nothing.

    10) Child complains to police again. They come round, write things down, go away and do nothing.

    11) Repeat 9) and 10) accordingly.

    12) Child writes to MP. MP does nothing.

    14) Child writes to every other MP. Recieves 400 letters back all saying “According to strict Parliamentary convention I’m afraid I cannot help you with this matter. You must contact your own MP”

    15) Child tries MP once more. Once more, nothing is done.

    16) Child gets in touch with Associated Press. Even phones up the Scum and the Daily Snail. Is sneered at by editor of the Scum.

    17) Child writes to Archbishop of Canterbury. Gets letter back from his secretary apologising that Rowan Williams is too busy to reply to the letter.

    And so on.

    We cannot let this happen to anyone else! It is evil to recieve such treatment, believe me, I am writing this from bitter and tearful experience.

    This must not happen to the Jersey survivors, no way!

    Reply
  17. Anonymous

    Reading Zoompad’s experiences 1-15 prompts me to post a poem I wrote back in March or early April 2008. It highlights some of my own expereineces and the wider Jersey abuse context. As things unfold I’ve been tempted to re-write bits, change a few words around, like shift’ to ‘shaft’, ‘suffering’ to ‘scandal’ may be add a verse or 2. Perhaps less suprisingly now I’ve read Zoompad, my file also went missing. Luckily I had photocopies of pretty well everything.

    Oh yes….Just a warning…I’m a complete novice in poetry and rap so its nothing amazing. Here goes….

    ABUSE

    Too scared to talk, coz yer life’s not the same,
    Abuse….
    It really does
    **** the brain.
    The “real” Jersey experience,
    …..now its gone.
    So you adopt the silence,
    ‘n try ‘n move on.

    Thena bit later wen you gotta
    bitta bottle,
    U tell the authorities
    to help wiv-ya trouble.
    Repeat the same old story
    –one -two -three.
    Bet you nothing happens…….. just you wait ‘n see.

    Its difficult I know coz,……….
    I ain’t free,
    Someone over here’s zgott
    power over me.
    I live my life in
    avoidance strategy,
    Coz I fear reprisals,
    falling down on me.

    I do my best to avoid situations,
    I’m silent, I aint happy,
    it’s a real real depression.
    I hate being on guard
    for twenty four seven.
    Sometimes I think about
    …….. gonna heaven.

    I wish I could relax coz
    this situation man,
    it’s a real heavy tax
    that wasn’t in my plan.
    When I Imagine Jersey in 20 35,
    This problems over 40 years,
    If I’m still alive.

    Its good when I’ve got cash ‘n I
    Jump This Rock,
    Coz harassment ‘n stalkin – they temporary stop,
    I know u think I’m crazy,
    not reporting to the cops
    But when I saw the DVU,
    you’ll never guess wot!………

    “Unfortunately on this occasion, there’s nothing we can do.
    Apparently it’s the system,
    it’s failing “yes” its true.
    Its not we don’t believe you,
    we’ve seen this lots before,
    Our office is so busy, take a tissue, there’s the door”.

    I know I’m not the only victim
    of this perpetrator.
    And for all us victims it’s a
    MASSIV system failure.
    There’s plenty more injustice,
    and not only children see,
    Bullyin’s rife and
    whoose burdens GST?

    What about young people,
    who can’t afford to stay?
    Or stressed out parents,
    workin’ all hours of the day?
    Why so many Jersey kids
    got stuff like EBD?
    And why the hec’s marine fuel exempt from GST?

    We’re told this suffering,
    at Former Haute Garenne,
    is not “the REAL Jersey”
    not the one THEY like to spin.
    Jersey’s Life Enriching and everythings is fine,
    Besides, we’re democratic
    and people like to tow this line.

    If a system lets u down, it’s a….
    no good solution.
    So its time 4 change,
    to shift this institution.
    People had enough towin’
    the scared ‘n silent line.
    Update social policy
    ………its about
    bleedin’ time.

    Written by a survivor of ‘historic’ domestic violence abuse in Jersey.

    Before I sign out I’d just like to add that although the States of Jersey Police did loose my file,
    I’m 100% behind Lenny and his team in this investigation.

    Reply
  18. Stuart Syvret

    Poem.

    I like that poem/rap. It’s pretty good. It’s an example of what poetry can do – which is act as a kind of distillation of lots of different thoughts and issues into a small number of words (unlike, say, a novel).

    You summed-up pretty much a range of experiences common to so many survivors.

    You’re right about Lenny – he’s doing a great job. Hell – why else would the Jersey establishment hate him so much? He’s got to be doing something right.

    Be strong.

    Stuart

    Reply
  19. Drew Peacock

    Watching Don F on CTV last night, it struck me again how amazing it is that when THEY speak out on an issue it’s all well and good, but when YOU speak out… somehow you’re “making political capital” out of it.

    Funny, that.

    Reply
  20. Res Nullius

    I think it is tragically funny how, no matter what the subject matter, the JEP always report your name as “Senator Stuart Syvret, former Health Minister”

    I suggest you change your name to that by deed poll, just for a laugh.

    It never seems to happen to the likes of Senator Terry Le main, former dodgy car salesman….

    Reply
  21. Anonymous

    Stuart

    £330 million approved spending from the public purse

    Then we are told about lawsuits against the developers.
    The Chief Minister has obviously not been briefed

    Perhaps Assistant Poodle Perchard will call for an independent investigation.

    Do the dolts in the States understand that this is public money.

    Reply
  22. Anonymous

    Stuart

    The Frank Walker has reassured the public that no stone will be left unturned in dealing with the child abuse scandal

    This is the same man who told the States that Waterfront development plan is a sound plan.

    Strange that nobody briefed him about the legal challenges facing the developers. It could be argued A mala fide abuse of position occurred but such an allegation would result in another independent review and I think we may be running out of hotel rooms for the experts

    A magistrate under investigation

    Good week Frank you set new standards in malfaesance.

    Jersey’s got talent!

    Reply

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