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Monday, 14 January 2013

BTR 13 or A LAW UNTO THEMSELVES?

Who is monitoring our Law Officers? Do the public really want a Chief Judge presiding over 'democracy'? Safety in numbers & other stories from the island democracy forgot...

Did someone once say that a politician never apologises? Well, if they did here is another first: 'sorry' for the delay of a few days in getting BTR 12 uploaded. Excuses? None. I simply repeat that following yet another terribly sad bereavement of a family member and lady far too young and good a person to die in such tragic circumstance the past week has not been easy.

But what have we got in BTR 13? Let's start with the issue of the three police officers condemned in the highest court in the UK over the Curtis Warren affair. In Jersey a few days ago they were completely exonerated. Nobody wants to see question marks hanging over our boys in blue - especially after the Establishment Party shafting of Power and Harper for their terrible crime of trying to get to the bottom of institutionalised child abuse in Jersey.
 
Nevertheless, as only I and a few others from within the Citizens' Media fraternity have been highlighting, there are still answers that must be provided. Awkward little questions like this: 

If the Attorney General initiated the complaint against the police officers for the illegal bugging of Warren's hire car then who is going to now investigate the Law Officer(s) who gave them the go ahead? As for the Home Affairs Minister how many disciplinary investigations has he now set in motion with taxpayers money - and how many officers have actually ended up being disciplined?
 
With the now published farcical  'report' of the hijacked Electoral Commission ('independent' according to the JEP's Ben Queree! What does he do for a living when he isn't writing utter tosh?) I give a quick video reminder of the dangerous erosion of democracy that underlies Senator Bailhache's usurping of the reform process. 

I also ask the question so many of you have asked me. How can it be that given his manifesto statements on the need for in Chamber 'respect' how is it that both Bailiff Birt and Deputy Bailiff (the Senator's little brother) allow him to insult whoever he likes with impunity? I foolishly thought Standing Orders were the same for all?
 
But as with my last written post - watch it or not as you see fit but please ensure you understand what the anti-democrats both in and outside government are trying do under the guise of reform. Fail and you may not ever get another chance...
 
In BTR 13 I also take a quick look at the strange Jersey Evening Pravda definition of what makes a 'whilstle blower'. Why? Well, this past week in the UK we have seen a high-ranking Met Police officer found guilty of leaking information to the media. Not just found guilty and probably now facing a custodial sentence but savagely condemned for her actions by superiors. So just how is it one has to ask that some in our Establishment Party media manage to transform black into white when such unprofessionalism happens here?

Of course, with no investigation by Home Affairs Minister Senator Ian Le Marquand (was he unwell that week?) we have no way of knowing if there was ever any suggestion of there being anything more behind the leak the Minister told us emanated from Mr. Gradwell than simple, unprofessionalism. Yet given the calls from former Senators Ben Shenton, Jim Perchard and current Deputy Sean Power that investigations of this nature should be carried out in regard to Mr Lenny Harper you have to wonder how this particular glaring anomaly was allowed to come about?

Surely the call for an investigation into Harper wasn't just another example of the Establishment trying desperately to muddy the waters to undermine the Haut de la Garenne investigation...

And finally, just to round things off nicely we come full circle to the issue of our... Law Officers and in this case once again our Bailiff and Deputy Bailiff. How ironic is it that just a few short weeks after I successfully brought a proposition to grant official status and recognition for the events of September 28th 1769 as Jersey's 'Reform Day' we still retain one huge stain on the fabric of our claimed 'democracy'.

Tom Gruchy and his companions thought their brave actions all those years ago had finally brought and end to the Legislative interference of the judiciary. Yet still we have the wholly unjustifiable affront to the independence of government that a couple of unelected judges sit and decide what an elected representative of the people can or cannot say in the States.

According to supporters of the Establishment Party when Deputy Shona Pitman brought a proposition to put a long overdue end to this the public are quite happy with the sham. Well, in the last segment of BTR 13 I offer an easy solution to reveal whether that claim holds even the slightest amount of water. Is Senator Bailhahce and the rest of his gang ready to put it to the acid test...

 
Keep the Faith

37 comments:

  1. Have checked with the Bailiff's Office today and Jersey Reform Day 28 September is not included on his list of "official" flag flying days! What does this say about the States'decision to make it "official"?

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    1. Put this question to the Bailiff on Tuesday. His repsonse: 'He will give the matter some consideration...'.

      Just as well funding for the memorial and ideas for all types of promotional things are shaping up well, eh?

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  2. The point you make about law officers needing to face Scrutiny is well made and most topical. There seems to be no control or oversight of these officers in any shape of form. They are as you suggest a law on to themselves. Not acceptable.

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  3. Wasn't there a referendum a couple of years ago that came out of nowhere? I can't even recall what it was for now. As the precedent has been set it wouldn't take too much effort to add your suggestion for the Bailiff's dual role to be voted upon.

    But as we can see from the UK's apparent dithering over the EU membership referendum, you only have them when you can be pretty sure of the outcome (unless of course you are in Ireland and when you vote 'wrong' you get asked a second time ...).

    Perhaps the UK government is waiting for the influx of Europeans from newly ascended countries to sway the vote.

    Cynical? Who, moi?

    The Beano is not the Rag

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  4. In the Uk three Jersey police officers ( who overall ) did a good job of bringing Warren to justice worked outside of the law and were heavily criticised in court.

    Even a fine of three months pay, would have possibly been seen to be a slap on the wrist or a months suspension. This may have given them a record though Mmmmmmm.

    Jersey says no case to answer. Clean sheet.

    UK Police

    Officer guilty of passing sensitive insider information to journalist prosecuted,

    Jersey,

    Behind the scenes Gradwell accused of passing information to David Rose journalist at Dailymail. No investigation, big payoff, leaves Jersey, refuses to attend or speak to Scrutiny and is allowed to get away with it. Accuser Minister Le Marquand again showing that justice the Jersey way is not blind, just choosy.

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  5. Another thought provoking btr Trevor. Questions on the Crown officers cannot be ignored.

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  6. Hi Deputy.

    Just put up the Audio from this mornings States meeting, you know Questions without Answers.

    Question 13 was quite interesting if you know what I mean, some people who should of Known said they didn't put said I think a little more then they wanted, If you Know what I'm talking about of course.

    Have a Listen HERE

    TJW.

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  7. Good speech in support of Mike Higgins' proposition, Trevor. That anyone, not least a former judge Philip Bailhache can object to people having laws in their own home language is as barmy as it is wrong. What are these people so worried about?

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  8. The Mike Higgins vote went as I had expected, Bailhache rallied the troops and got what he wanted yet again. For Bailhache and his lawyer cronies it is vital that the old unlawful Norman French feudal statutes remain obscure. Making English translations available to the general public (let's not kid ourselves that there is no English versions already)would quickly show how the judiciary deceive us.

    A documented example of this deception happened in the Magistrate's Court, I asked Bridget Shaw for the published rules of procedure for criminal prosecutions under statutory 'law' in the Magistrate's Court, she lied and said the 1864 law ie;Loi (1864) Reglant la Procedure Criminelle, as it transpired I received an English translation (done in 2004) in a bundle from the AG. The Loi (1864) does not cover rules of procedure for criminal prosecution under statutory 'law' in the Magistrate's Court. This is because there is no such thing as a criminal prosecution under statutory 'law', a quasi criminal prosecution yes, but criminal prosecutions can only be brought under common law or admiralty law.

    Translations into English of all the Norman French statutes would highlight this fact and other deceptions used by the judiciary.

    cyril

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  9. Trevor, many thanks as ever for keeping the great unwashed up-to-date. Re: question 13, now I might have misheard, but did not Mr. Routier say that the only dialogue about the alleged data protection non existent super injunction (if such a thing were allowed over here!), could only be between those mentioned in the non existent super injunction. You have evidence of one of the trol (oops) super injunctors rubber-gobbing about it, don't you?

    All the very best to you and your family.

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  10. Questions without answers turns into complaint against MIKE BOWRON

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  11. http://jerseylibertarian.blogspot.com/2013/01/this-is-what-it-was-like-in-berlin-in.html

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  12. Great speeches today on the pay issue from both you and Monty Trevor. The fact that only a handful of you ever try to deliver on election promises should be reflected in your pay. You were too kind to Constable Renard though because she demonstrates the other side. People who get elected then do nothing other than press the buttons.

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  13. Have you seen poor old Tony B's rant? Seems to slide more toward being the Victor Meldrum of the local political scene every day. Another one who attacks all and sundry in typical Bailhache fashion. Glad populism didn't win the day today for once.

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  14. Trevor.

    A very informative BTR once more with plenty of food for thought. Your observations of Philip Bailhache seem right on the money and the Jersey public are going to be duped into an even less accountable government than what we have now. Just about all members will end up being a Minister or Assistant Minister, and in the absence of an independent media there will be nobody to question the Ruling Elite.

    Your observations on the bungling Home Affairs Minister are pretty much on the money also "money" being the operative word. He has been able to spend millions of £'s on so called "disciplinary" investigations that have not brought a single disciplinary charge against ANY officer. Indeed his so-called "disciplinary" investigations have been possibly more accurately described as a "PERSONAL VENDETTA".

    Gradwell being hailed as a Whistle Blower by the discredited and disgraced JEP is just priceless. Ian Le Marquand should be spending some of those millions on a criminal investigation into whether he (Gradwell) was paid for allegedly leaking confidential police information to a churnalist with a history of supporting convicted paedophiles during a live Child Abuse Inquiry particularly in light of the MET Officer who's just been found guilty in a court of law for similar actions.

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  15. Trevor.

    The question referred to in the video that you asked Senator Le Marquand concerning how much money he's been allowed to squander is HERE

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  16. You are being very unfair in describing Tony as you have, just because one post doesn't fit your ideology.Tony posts interesting blog posts which are usually pretty apolitical, and i'm sure Trevor doesn't need small minded people like you trying to belittle his critics. And it is Victor Meldrew by the way

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  17. Bob Hill raises a great question. Are we talking about the current or the former AG? Would you mind asking the necessary official question please?

    http://bobhilljersey.blogspot.com/2013/01/curtis-warren-own-goal-more-to-come.html?showComment=1358322011859&m=1#c3509836098151279441

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  18. Thanks for enlightening me to who I think must be meant by 'Tony'. I know quite a few 'Tonies'. If any want to criticise me and it is fair - fine by me. After all, fair criticism ssure beats the lies spread by a few sick minds.

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  19. Philip Ozouf‏@philipozouf

    States members should not set their own pay.We have an INDEPENDENT body to set it. If we don't want to accept it, we don't have to take it.

    from Saint Helier, Saint Helier













    16 JanDeputy Scott Ogier‏@DeputyOgier

    @philipozouf Not accepting it IS setting your own pay at current levels

    from Saint Sampson, Guernsey













    16 JanPhilip Ozouf‏@philipozouf

    @DeputyOgier I respectfully, from a Jersey perspective, disagree. Independence on pay is needed (in Jersey). I note Westminster is following

    From the above few tweets from a Jersey perspective what is Philip Ozoufs view?

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  20. Did I hear correctly on the radio this morning Senator Ian Le Marqaund apologising on behalf of CM Gorst who had got a matter of policy wrong.
    If someone would care to enlighten me as to who is in charge today then that would be smashing.

    The Beano is not the Rag

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  21. Come on Beano - Sir Philip is in charge of the 'Chief Minister' - surely everyone knows that? Apart from the 'Chief Minister' perhaps?

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  22. Now that Gorst has been publicly put in place by his Home Affairs minister, i.e. undermined by a junior member of staff, will there be a vote of no confidence in Gorst thus allowing Pip B to take his place? Or will Gorst reprimand ILM?

    This is like watching a slow motion car crash ...

    The Beano is not the Rag

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  23. My guess...they'll just carry on bumbling along like nothing had happened. It is the establishment way.

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  24. Hey Trev, something to pull that LIAR Ian Gorst about! And HERE is the proof!!!

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  25. The eloquent blogger, "Tony the Professor," does a nice job of covering most topics outside of politics, in my opinion. Where he misses the big picture is in relation to the real meaning of the democratic political process. He seems unaware that real democracy is, by its very nature, essentially messy. Those often passionate conflicts along with the ongoing raw renegotiation of power inherent to any representative government permit little of the refinement of the well mannered feudalism that Jersey still clings to, and which he demonstrates an uneasy attachment to. His political columns will too often be critical of style over substance in subtle but predictable ways, as when good manners and proper bearing are of serious concern to him even when issues of systematic corruption should be of primary concern.

    For example, he all but dismissed every profound issue Stuart Syvret brought to the public's attention because of Stuart's tone, or what Tony considered unforgivable manners. The overall crisis of Jersey corruption, the reprehensible mistreatment of abuse survivors, and the shameful institutional disregard for human rights norms are not subjects he is usually comfortable confronting head on. Although he has surprised me with a good, if narrow, political overview on a few occasions, he generally offers an admirable analysis of only those safely discrete micro-components of each political controversy whilst tip-toeing around the fuller, more compelling picture. On other subjects his writing is often remarkably good, but his unwillingness to see and address the greater truths in Jersey politics regularly leave me disappointed and bewildered. I say disappointed, because he has the persuasive literary skills to do so much good on behalf of so many.

    Unfortunately, it is not uncharacteristic of him, then, to have a go at someone who tries to introduce the most uncomfortable - but absolutely essential - issues to Jersey's already censorious political conversation.

    Elle

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  26. Trevor.

    Operation "Invicta", A conspiracy Theory and A PROMISE

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  27. Anyone not convinced just how rigged the proposals of the hijacked Electoral Commission are just consider the significance of...

    Bailhache insisting on using 'eligible to vote' figures instead of actual population per Parish and/or district.

    In one foul swoop cutting away around 7,000 people from St. Helier. He is loading the proposals in favour of even greater country V urban voters to hang on to power and that is a cold, hard fact.

    Discus...

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  28. Does that mean 7000 adults living in St Helier that have not been here for more than two years?

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  29. No, we are also talking Jersey people as yet not old enough to vote.

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  30. Thanks to Anonymous for the info on a certain 'site'. I'm sure you are spot on. Interesting of course but not going to publish. #irrelevant - if you know what I mean. Far bigger things are in the mix...

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  31. Is your Jurat motion still on schedule?

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  32. Friend or foe?

    You ask about Jurats?

    Are you talking Jurats who are happy to help conceal child abuse; refuse to look at evidence - yet are allowed to sit in 'judgement' on people where their decision is meant to be based on...looking at the evidence?

    Or are you talking about the whole deeply flawed and in some cases demonstrably corrupt system?

    Either way my work is progressing very nicely, thank you. Two things to consider. One - we have a funeral later this week and all that goes with such a sad situation. Second thing is that there is something very interesting set to come about Monday week.

    May well be worth delaying the fun until then...

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  33. Will likely have a very interesting post up at some point tomorrow instead of the proposed BTR 14.

    That will follow later - but this is just too good an example of what passes for 'governemnt' here in Jersey.

    One of Jersey's 'finest' in action tellling the island - well, not a lot at all actually.

    Just to compliemnt the piece I'll put up a commentary on what this politician's gibberish actaully means. Nice.

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