Wednesday, 22 May 2013


This is a 'local' democracy...

One of my old University lecturers absolutely loved the old saying that suggests - on occasions - 'less' really can be 'more'. Whilst reflecting upon what single topic I might post about this week; and being pushed for time between a raft of new constituent and corruption cases the truth of this really came home to me for some reason.
Of course it would be very easy and quite justified to write a lengthy, detailed post on any one of a half-a-dozen issues that have come to the fore in Jersey politics this past couple of weeks. Yet given the gravity of what some of these happenings reveal, why I thought, not instead just flag up the 'basics' of two or three in a few paragraphs on each for discussion?
After all, if the reader can't grasp the seriousness of all of these headings from considering just the fundamental basics of the problems then our island, you have to conclude, may well be beyond saving. Do we want to have things like justice, democracy, transparancy and genuine community as central to our way of life? Or do we just want to be the equivalent of a mad, black comedy where the only thing that matters is keeping the rich powerful and the poor powerless?

The choice as they say is yours. For if you don't DO politics, then politics in the shape of the Jersey Establishment will DO you...
Bailhache-Gate. Or liar, liar your pants are on fire? 
Now this issue all arose from my daring to bring States questions on serious concerns raised by a member of the public who stated he had been able to see damning confidential documents (revealing both the identity of HG in the Dean suspension case, and her alleged abuser). All of these being allegedly carelessly read in public by Assistant Minister with responsibility for External Relations, Senator Sir Philip Bailhache during a flight from Gatwick on March 21st.
As I have said, the details provided by this member of the public in contacting me revealed - beyond any question - details that are not in the public domain and could not have been faked. Yet how did Senator Bailhache respond? Was there an explanation; an apology? No. The claims were 'fictitious' and 'malicious'; the document containing them being described as 'purporting' to be an e-mail from a member of the public. In essence both this gentleman and yours truly were, by extension, liars. Ah..the 'Man who would be King' or at least El Presidente: how dare we mere mortals; we peasants question HIM? It was all a wicked Lefty plot it seems.

But... unfortunately, for both the Senator, Chief Minister Gorst and the MSM who failed to do any investigative journalism on the story whatsoever - it ISN'T. The gentleman, a successful businessman, has thus quite understandably become so disgusted and outraged by the Senator's reaction that he has now written to Chief Minister Gorst giving...even more details of this 'fictitious' event. And guess what else? The whole episode can also all be verified by the man's business partner who was travelling with him. They have even offered to meet with the Chief Minister accompanied by yours truly.
Misleading the States? Testicular Fortitude required I fancy. and a large dose at that. But has our Chief Minister actually got any... 
The alternative 'Jersey Way' reality unfolding in Court No.2... 
Now I spent this Tuesday morning in court again - and just for a change it didn't have anything - directly - to do with me!

That's right: I wasn't challenging a 'justice' system that had allowed former Jurat John Le Breton to sit on our defamation case against the JEP and the estate agent Broadlands even though he is an evidenced long-standing friend of one of the paper's directors. Not to mention being a man who was allowed to become a Jurat even though proven in the Sharp Report to be quite happy to look the other way on evidence against a friend and colleague who was a predatory paedophile!

Nor was I finding myself in Petty Debts Court because of holding to the ever-so-silly principle that an contract built on fairness wasn't being applied that way! No. I was there simply because of a quite unbelievable, indeed, bizarre example of the 'Jersey Way'. This being a truly staggering case that had seen a good, decent and hardworking local businessman Mr. Martin Kane not only ARRESTED but having to report DAILY to the police station - all because of an alleged breach of a Planning regulation/by-law! 

I really am not making this bizarre case up I assure you. Its true. And, though I make no claim to be an expert in the area, like others who have also now examined the case, I have to say that in my view the pursuit of this individual and his company is the biggest waste of taxpayers' money since... a cowardly, abusive, convicted petty  thug was given our money to take one of the people he himself was abusing to court!
Believe me, I would love to say more on this astounding 'court case'. But I won't just now. For without the full details as yet being in the public domain you would probably end up thinking I was just pitching a script for a fantasy film. A 'malicious' prosecution as is being claimed; or just a misguided mess that never should have happened? What certainly can be said even at this stage is the complex web by which it is all being held together to progress just this far goes right to the heart of 'the Jersey Way'...

And one other thing is also certain: it will all cost we the taxpayers an absolute fortune. 
BBC Jersey ask: should 'backbenchers' not willing to spout Establishment propaganda be allowed to talk to foreigners...

This truly bonkers issue was incredibly given the bulk of the Beeb's Politics Show recently and arose from that naughty Lefty troublemaker Deputy Montfort Fawkes - sorry, Montfort Tadier giving an interview to the French newspaper Le Parisian. His 'offence'? He didn't have permission from the Establishment Party Fueher Bunker; and he didn't espouse the party line that 'Off-Shore' (or tax havens - you take your pick) must be viewed through rose-tinted spectacles.

Now enough has been said about the damning attitude of arrogance and contempt for differing views that the swivel-eyed reaction of the Treasury Minister and Finance industry 'big-wigs' has revealed here. The angle I want to put up for discussion is just what such a reaction from within our MSM tells us? I mean, can the local BBC really believe that it is in any way compatible with a modern democracy that elected representatives of the public should not be free to speak to international journalists unless they adhere to the majority party whip on tax evasion/avoidence?

Frankly it is both embarrassing and a damning indictment of the mainstream - or State - media itself. The Bald Truth is that such a debate would be laughed out of the boardroom in just about any other jurisdiction in the world - no matter which political philosophy held the majority. It wouldn't even matter if the Deputy's views were right or wrong. true democracy guarantees his right to hold and voice them.

OK. The head-in-the-sand approach might be comforting for the MSM, the Finance industry and even our Neo-Liberal politicians alike I accept. But the cold, hard truth of the matter is that the sun is setting on the view that tax 'dodging' by big business and the super-wealthy is socially acceptable. To contend otherwise is akin to King Canute commanding the tide not to come in and drown him. The sooner the Establishment - both politicians and MSM apologists - wise up to this truth the sooner economic diversification can become more than just pre-election buzz word.

Saying sorry but really not meaning it: part 98...

Meanwhile, isn't is strange how having been exposed by me yet again as a regular purveyor of pathetic and malicious 'anti-Leftist' fake letters the Jersey Evening Pravda have still got the offending missive attacking Montfort Tadier up on their website. Complete of course, with scores of similarly fake comments using avatars of one Mad Jon the Cyber-rash - exponent of drunken death threats and scavenger of takeaway dustbins. All doing exactly, of course, what these fake letters are meant to achieve: trying to negatively mislead wider public perception...

And the moral of this post?

If the above 'snapshots' above conjure up the type of Jersey you want to live in then keep voting for the Establishment. But if such a 'democracy' is really not what you want then let me say quite bluntly here: you had better make sure you aren't one of the apathetics who just sit on their butt and moan. Doing nothing is as sure a way of ensuring this attitude to democracy continues as is putting your 'x' next to the name of an Establishment candidate on an election ballot paper. In fact it is precisely what their bullying, lies and manipulation hopes to achieve...

Keep the Faith




  1. Philip Bailhace when are you going to publicly apologise? Not just to the member of the Jersey public but to Trevor?

    Senator Gorst when are you going to sack this arrogant man?

  2. Trevor.

    The discredited, and disgraced, BBC coming up with a discussion topic asking if our "democratically" elected members of parliament should be talking to outside journalists was simply woeful even for the BBC's standards!

    Perhaps what the BBC should have been asking was "why do local politicians HAVE to speak with so-called "outside" journalists?"

    The fact is that the local State Media don't ask the questions that "outside" (real) journalists do. Indeed the local State Media don't ask bl--dy questions, let alone the one's anybody else might!

    I would have said that the BBC had sunk to a new low when coming out with that topic but alas it is now to be expected.

    I tweeted this at the BBC the other day "Journalism is printing what someone else does not want printed. Everything else is public relations." - George Orwell.

    They unsurprisingly didn't re-tweet it!

    The member of public effectively being called a liar by Philip Bailhache, the State Media asking no questions about it, the JEP not making it clear, or removing from their website the FAKE letter attacking Montfort Tadier, the member of public being dragged through the (politicised and corrupt) court system after, apparently being arrested and put on a curfew for an alleged planning infraction, tax payers money being spent on secret court cases and the BBC asking should politicians be speaking to "outside" journalists.

    You just couldn't make this stuff up! Royston Vasey has got nothing on this place #TheJerseyWay

  3. To use your terminology three little "snapshots" that show just how out of control our island has become. You really couldn't make this stuff up and would be laughed at if you wanted to make a film out of it. This all has to be highlighted and doing so certainly isn't being anti-Jersey in any shape or form.

  4. An excellent and very relevant article from Rico sorda.

  5. And this. Whoops have to re-do links.

  6. Typical Filthy Rag pulling this letter scam. Any news on the apology from Bowron for mouthing off about questions you hadn't even asked?

  7. Dear Deputy Pitman,

    As the non payment of tax argument, by monster corporations and wealthy people rumbles on, you may like this.

    Mr Geoff Cook responded positively to an article in the JEP published on the 18th October 2010 entitled - Finance warning over tax moves.

    Reply 47. Geoff Cook

    Dear Jimmy,

    Your desire for a morally and ethically sound industry for your island is admirable,

    3) People and companies do not use Jersey to avoid tax, they use Jersey because they have international interests. A simple way to understand it is like this…

    a. Money is earned, and taxed, in Country A

    b. Money is sent to Jersey, where is deposited, or structured for onward investment. Jersey charges for theses services, and the profit made on these services are taxed by the States of Jersey.

    c. Money is then invested in Country B where the earnings are taxed.


    I responded to Mr Cook, asking him how the below example of a legal tax loop hole sits with his reply at 47. Quoting the Daily Mail.

    His £850 million offer for the firm was made using a company called Taveta Investments, majority- owned by a separate company, Taveta Limited, based in Jersey.

    All of Sir Philip's retail businesses are controlled through Taveta Investments

    As a non-UK resident, she legally pays no tax on these dividends, which reached their highest figure in 2005 when Arcadia paid her a record £1.2 billion.

    My Note: Mrs Green lives in Monte Carlo. It is a tax free zone so no tax was paid on her £1.2 Billion earnings there, however the UK lost around £300 million.


    The JEP removed Mr Cook’s answer @47 and removed my response asking about Sir Phillip Green’s tax affairs funnelled through Jersey.

    Like the low value tax goods tax scam, Mr Cook, Senator Ozouf and close company, know Jersey’s finance industry is largely built on sand and the wind is getting stronger.

  8. The issue with Deputy Tadier was not that he had talked to the French press, but that he had made statements that were plainly false. For example

    - he said that french people use jersey 'sham' trusts to avoid tax. Not true, french legislation does not allow this.
    - he said there is no use for jersey 'sham' trusts other than to avoid tax. Not true, in fact tax advisors advise against using jersey 'sham' trusts for tax planning for all sorts of good reasons.

    He also claimed that Jersey was depriving france of millions of pounds of tax revenue, a claim based on his false assumptions about 'sham' trusts and which he has been challenged to, and failed, to justify.

    No one would seek to deny any States Member their right to speak to the press but with that right comes a duty to represent the people of Jersey fairly. In this case, the Deputy has filed in that duty.

  9. Good stuff Trev. Bailhache's behaviour is almost infantile in its petulence. When will PPC act on this disgrace to politics and Jersey?

    1. Only when they receive a complaint, I would imagine.

  10. Don't know why but I didn't know you had a Facebook Group. Very good stuff on there, both info link and comment. Keep it up.

  11. "Scavenger of takeaway dustbins"? Oh please do tell :)

    In the meantime, a little something from CYRIL


  12. Interesting reading regarding Cook, but his whole gambit is still there at 47, it must be the bit about Greens billions going through Taveta Investments in Jersey that the JEP took down.

    Anyway Cook is well wrong with his examples at A and C. No tax was paid in the excellent article by the daily mail. Let us work this out, If Mr Cook tells Porkys in his high profile job, what about the rest of them.

  13. The case of the planning infraction and bail is bizarre. What was on the charge sheet? Surely he must have been charged?

    1. Martin Kane was charged in his private capacity... they then put a curfew on him , and was getting him to sign on at the police station every night, they then dismissed the case against him 4 months later after they had damaged him personally.

      when they realised they had charged the wrong person for the alleged offence, Christ knows how, they were investigating the case for 12 months.

      Reminds me of this case , it's the same incompetent investigator who was advising the law offices in this below case, looks like he has got a habit of charging the wrong people ! never mind not being able to understand law!

      What a twat!

    2. Is this case some sort of joke? from that link ... is Jeremy Bolton the same advisor in this case ? if he is then this has to be the biggest gaff the department have ever done.

      Like with that link, he has charged the wrong person, its his own department who he should have charged in an alleged offence! Why haven't the court seen this? this is unbelievable!

      What kind of nutter advises the Law offices with a prosecution that actually incriminate the department he is working for? whoever it is he must be the thickest idiot the department have ever employed! and there has been a few.

      Did his bosses realise what he was doing? how has the department been able to get this into court? Why has the magistrate allowed this in the court?

      Someone definitely getting the sack over this!

      Looks like the AG & the Centeniers have got alot to answer for here.

      Is the court aware that the Planning department have fucked up the scheme from day one ! well, im sure the prosecution have not disclosed that !

      The Jersey Way at it again! states department employees trying to cover up mistakes by any means possible.

      This one has to be the best ive seen!

  14. Trevor, can I recommend readers to give Jersey Today a read. Even better take out a no cost anonymous subscription and give it a boost as it enters a second year.

  15. Last night I did some research into that Planning case that took place in the Royal Court.

    I contacted kanetech, the heating engineers , and by playing devils advocate i asked them some questions about the JEP Article, and also to get an all round idea of the processes they went through when replacing Oil boilers. After my phone call to them i have to say that im completely shocked that the States Of Jersey

    Now if what they say is true, and they say its admitted by the prosecution & the department as being so, and that they have all the paperwork to back up these claims , then what Mr Pitman is saying here is 100% true and completely accurate.

    From particular details they have said, and have invited me to view these processes, I simply cannot understand why these proceedings are in court, I'd only be able to conclude that there is obviously something deeper hidden in this case that someone is not mentioning.

    In my opinion Kanetech have abided by the Planning Bye-law with regards to what their normal duties are and what was possible for them to do. In my opinion the JEP have misled the public yesterday by not having all the facts, and they lawyer for the states is also misleading the public.

    To finish my thoughts here, i cant see how kanetech can be misleading me when speaking to them yesterday, i say this because as an engineer, and a full understanding of bye-laws, its the prosecutions case which doesn't make sense. I've read the law that they are saying that they have breached and i see exactly what they are saying.

    This is where its gets unbelievable, and this might take a second to understand, but its quite clear to me that the only person who may have breached a bye-law is ..wait for it THE PLANNING DEPARTMENT! when Mr Kane said this to me i went over the law and reasoning and i think he is right.

    My questions are , why didn't that get mentioned in the JEP? why is the department prosecuting someone for their own work and proposals.

    I'm quite sure that an an offence wasn't breached, and if one was technically breached the responsibility was not Kanetech's it was the planning department's, well that is what it says in law anyway.

    Actually , im very much looking forward to a trial , if there is one, but ive got a strong feeling that there wont be one. Because if there is there is only going to be one winner in my opinion, and that is kanetech.

    Oh, and with regards to what the JEP said about a "contract", from what i know with how the scheme worked, there wasn't a contract , there was just a bunch of plumbers that the states used as approved contractors.

    Kanetech have told me that all will come clear soon as they are creating a website with a full timeline so they have been very diligent in recording and keeping track of all correspondence.

    they have told me that this is where they will be justifying their comments about the prosecution being malicious.

    I look forward to it, and if what they say is true, then i think this is the end of the Planning Department as we know it !

    Roger Jones

    St Clement

  16. Those two businessmen weren't called Woodward and Bernstein by any chance? If they are credible (to the Establishment) then Bailhache's description of their testimony as malicious and fictitious, apart from being extremely libellous, not to mention corrupt, must end up with him resigning as a politician. Can he be impeached in some way?

    1. Parliamentary privilege protects a politician from defaming someone. But it could be a serious breach of the Ministerial code of conduct and the Members code of conduct.

    2. Breach or no breach - I think that we all know that nothing will be done.

      And Gorst wants this man representing us on the world stage??!!

      I weep.

  17. Gorst will only do what his Chief Minister-Bailhache tells him he can do. Nothing.


  18. In response to Anonymous 22 May 2013 18:02:00 BST

    He / She States,

    french people use jersey 'sham' trusts to avoid tax. Not true, french legislation does not allow this. Since when does every single French person follow French legislation ?

    He also claimed that Jersey was depriving france of millions of pounds of tax revenue, a claim based on his false assumptions about 'sham' trusts . Prove that he is fundamentally wrong ?

    Senator Ozouf admits to not knowing how many trust there are registered in Jersey.

    Reuters writes

    Tax dodging causes the European Union to lose around 1 trillion euros of income each year, the president of the European Council said on Friday.

    In Australia a Jersey accountant is being locked up for massive fraud.

    The Boss of HSBC urgently visits HSBC Jersey after the USA proved money laundering by mexicans drug lords in its branches and fined it HSBC £230 million as a start.


    IMF chief Christine Lagarde has arrived at a court in Paris for questioning over a payout to a controversial tycoon during her time as finance minister.

    If we were all brain dead Jersey does nothing wrong and there is no dirty money, therefore every euro of the trillion the EU is missing have avoided this island ?

    What is that truth about sham trusts. View from an accountant who appears know.

  19. First time blog poster, and something im actually interested in.

    Hi Roger, this is unreal, I'll call you later to have a chat if you are reading this.

    I've just had the heads up on this plumbing case. Surely the department doesn't think they are going to get away with this?

    How can the Department, who has by admission and the words of the law and can be seen as the person committing the offence, be allowed by the AG and magistrate to carry on trying to prosecute & convict Kanetech after 12 months of trying ...this absolutely stinks!

    I've been an engineer all of my life in Jersey and know exactly what Kanetech have done, and they have done nothing wrong! It’s actually questionable as to why they are in court!
    It's common knowledge, with local engineers, that the way that the department scheme was being run was not being done correctly at the beginning. Thus what was happening was that simple pieces of paperwork within the scheme were not being processed which were their own workflow and the planning minister’s responsibility.
    It’s quite clear to me where the department has gone wrong and they don’t want to admit it!

    When I read the article yesterday I thought that Kanetech might not have followed procedure with regards to their skill-set, but that is not the case, it looks to me that they are getting prosecuted because someone has made a mistake in the department and they are now trying to cover it up!

    I can’t think of anything else why the states are after them, these engineers installed some boilers for the department with commendations, they then had the boilers checked independently by the Oftec registered commissioners who already supported and serviced each private home-owners property and they supplied commissioning notices , they have then provided these notices to the department and the home-owner as to which they were requested to , then the department as taking responsibility have had them independently checked a 2nd time, as per their responsibility , and have them commended again by these independent inspectors which found them bye-law compliant


    What the department has not done is carry out their responsibility, because what they are saying these engineers should have done … actually their responsibility and to a point they have done it from what is mentioned above, but they are prosecuting Kanetech because they are saying that Kanetech should have applied for permits whilst knowing it was impossible, how can Kanetech apply for permission when they are not dealing with the home-owner! It’s the STATES RESPONSIBILITY!

    ive read the law, THE LAW says the department had to apply for permission if permission was needed.

    IM SO IN SHOCK I can’t believe it! At last we have a case to show the public what happens when the government don’t do their due diligence and employ incompetent people who work for these departments who don’t know what they are doing!


    Planning Department, HANG YOUR HEAD IN SHAME! Who the hell investigated this case??? Obviously another incompetent, oh actually thinking about it, the investigators actually work for the department …so they have been investigating themselves!!! Haaaaa

    THESE PROPERTIES WERE PRIVATE HOUSES! Kanetech are not working for those home-owners, THE DEPARTMENT IS! Haaaaaaaaaaaaaaaaaaaaa, the LAW OFFICES have written THE GOVERNMENTS own charges!


  20. Me smells another Reg Skips type cock up. come on telephone recording Shenton sort them out.

  21. Replies
    1. So he tells us he resorted to making things up?! How very reassuring. Almost like Jurats being allowed to sit for 14 years when they have a record of refusing to look at evidence and then happily saying 'there may be no case to answer'! The Jersey Way in all of its sordid glory.

  22. The Planning Department are in big trouble! ive just heard some details about the case from one of the Energy Scheme applicants !

    I've heard many cases of corruption in this island since i moved here in 2003, but i have to say that this is probably the worse case ive seen and completely encapsulates the "The Jersey Way ". Its so wrong on so many levels that i don't believe that any department member, or judiciary member, that is involved with the case can escape disciplinary action.

    What may seem to the public as something very minor, is actually in fact one of the biggest cases ive seen where the Judiciary and a States department have tried to prosecute someone to justify destroying someone's working life without any good reason.

    The Environment Department and the corruption within is on such a massive scale that its actually hard to fathom!

    I've been aware of some evidence that shows that the Planning Department , and the judiciary, have purposefully carried on with this prosecution to cover up the unthinkable!

    I can't wait for this trial to happen , Duhamel is gone as far as im concerned, so is one of the other departments bosses's called Scate.

    Everyone, KEEP AWARE of this case , it gets to the heart of the corruption within the judiciary and government departments. its IRREFUTABLE and cannot be denied!

  23. Trevor.

    As you were reportedly called a liar today here is the evidence that shows it is not you who is the LIAR

  24. Trev, your tweet about what Juliette Gallichan actually said. It's all in the Hansard, page 41:

    "Connétable J. Gallichan of St. Mary:
    I am sorry to interrupt, Sir, but during that last “question”, Deputy Pitman said he wanted to speak on behalf of the States of Jersey. I would like to say that Deputy Pitman does not speak on behalf of me.

    Deputy T.M. Pitman:
    I was saying the footstamping was not on behalf of me.

    Deputy M. Tadier:
    Yes, I would like to add the same. The footstamping earlier for the return of the Dean was not on my behalf.

    The Bailiff:
    We are in question time, please. We are not discussing that"

  25. Isn't it time someone wrote to the Queen about this?

  26. many people have tried writing to bailache, he doesn't respond :)