THE STRANGE CASE OF THE MISSING SUBMISSION TO THE JUSTICE SELECT COMMITTEE....

 

I publish below the submission I made to the UK Justice Select Committee following their visit to Jersey back in July 2013.

As readers will recall the Chief Minister's department went to extraordinary lengths to try and ensure that those States Members who actually both knew what skulduggery was going on within our so-called 'justice'system; and crucially were also willing to stand up and tell the truth about it didn't get to spill the beans. All of course why the self-proclaimed 'Great and the Good' of the Establishment  Party were enjoying a thousand-odd pound jollie at the Atlantic Hotel and all at taxpayers' expense. 

Nevertheless, following what had been an attempt to later stage-manage a brief official meeting with the Committee - a meeting to which only 17 of your 51 representatives cared enough about justice to even turn up - having been pressured by Deputy Shona Pitman it was agreed by the Chairman that the deadline for anyone else wishing to make a submission to the Committee to tell things exactly how they are rather than the spin of the Atlantic Hotel shindig would be extended.

Any such submissions would then, we were assured, be posted on the Committee's government website. Indeed, we were told that individuals must NOT make their own submissions public until this simple process was complete.

Like a number of other deeply concerned individuals I did just this.Yet what happened? Three months on not one of the submissions has ever appeared on the website as we were promised. Why I ask? Perhaps the true reasons why anyone who dares rock the Establishment boat in Jersey can never then hope to achieve justice suddenly becomes a whole lot clearer...

Submission from Deputy Trevor Mark Pitman

My name is Trevor Mark Pitman. I am Jessey born and a Deputy representing St Helier Districts No. 1 in the Jersey States Assembly, the Island’s Parliament. I was first elected to the States in 2008 and re-elected in 2011. All mandates are for a three year term of office; though this set to rise to four years.

Directly prior to entering politics I was a professional youth worker within the Jersey Youth Service (this being a part of the Island’s Education, Sport & Culture department); my university qualification in this regard being in Informal Education/Youth & Community Development.

At the time of my initial election to the States I was the Chairman of the Island’s first officially registered political party (now defunct) the Jersey Democratic Alliance (JDA). A movement founded on the principles of social democracy; this had been set up to try and bring some degree of transparency and policy accountability to the local political scene.

As is the case with a number of my colleagues the purpose of my submission is to draw to the Committee’s attention my serious concerns about various aspects of the governance of Jersey and in particular what can only be described as abuses (both corruption and lack of the necessary diligence) within the Criminal Justice and Legal Systems; the lack of appropriate separation of powers between the Legislature, Judiciary and Executive; and the recent Referendum on the Structure of Government.

The reality is that, as has already been highlighted by one of my colleagues, Deputy Mike Higgins 3,000 words is wholly inadequate to fully elaborate on the above matters to the degree needed. I would thus simply echo Deputy Higgins’ request that at a later date the Committee consider accepting highly detailed, evidence-based written submissions into these areas. As such I briefly detail below a number of these personal concerns arising from both my own experience as both a politician and a member of the public; similarly others arising from evidence given to me by numerous members of the Jersey public.

Indeed, though a highly stressful and hugely expensive experience it has been the first-hand experience of my wife Shona (also an elected Deputy) and I in being foolish enough to trust to the workings of the Island’s justice system that has enabled me to see clearly a number of the most staggering and disturbing abuses/failings still currently being allowed to ‘run unchecked’ as a consequence of the UK government not intervening to ensure ‘good governance’.

The reality underlying this experience being that, though thoroughly evidenced as failures in both adhering to rules on conflict of interest and in monitoring of the local Jurat (lay judge) system was, with the UK government’s failure to intervene we were left being passed back from the UK Justice Minister to appeal to the very offices whose lack of professionalism had let us down. As we were subsequently to learn – we are very much not alone in being subjected to such abuses of justice.

Perhaps most disturbing of all, however, is the reality that most of these abuses/failings appear to have gone on for many, many decades. Again, I make no apology for reiterating the view that these abuses and deeply entrenched institutional failings have been allowed to come about because of a failure by Westminster to adequately monitor what has been happening within one of its own Crown Dependencies.

Correcting this ‘blind eye’/non-interventionist approach is, an ever-increasing number of islanders believe, the only way these abuses and failings will be halted and true justice and good governance restored. I thus list below just some of the incidents/issues causing me grave concern as a Member of the island’s parliament.                                                       

1. The loss of evidence from police custody relating to child abuse (Haut de la Garenne) and which is also highly relevant to the States Compensation Scheme for the victims of abuse;

2. Failure to prosecute highly wealthy ‘Establishment’ figures in the Royal Court despite clear and solid evidence of child abuse;

3. The collusion of civil servants and politicians to remove a Minister, former Senator Stuart Syvret, from Office during the ‘Historic’ Child abuse investigation revolving around Haut de la Garenne; this being revealed by a former Chief of Police, Graham Power QPM;

4. The consequent rapid, and in the view of many of us, illegal removal of the very same former Chief of Police soon afterward; this being followed by an orchestrated and falsified ‘trashing’ of both the individual, his recently retired Deputy and the investigation;

5. An in my view illegal police raid on the home of the same former Senator highlighted above and his then partner;

5. The failure of the UK to intervene to dismiss a former Attorney General – subsequently Bailiff and now a Senator for allowing a convicted paedophile, Roger Holland, to be sworn into the Honorary Police – this leading to the paedophile abusing more young girls;

6. Failure on the part of two successive Bailiffs to appropriately scrutinise and remove – over a period of 14 years – an individual sitting as a Jurat – John Le Breton, who is highlighted (within the government suppressed 1999 Stephen Sharp Report) to have refused to look at/consider evidence against a paedophile colleague, Andrew Jervis-Dykes. Yet then written in support of him; stating amongst other comments that the paedophile ‘had served the College in an outstandingly competent and conscientious way’; and that there ‘may be no case to answer’.

7. Failure by the Bailiff’s Office to ensure the same Jurat recused himself, as required, from sitting and judging on evidence/fact in a defamation case where the Jurat has a long-standing and evidenced relationship - both personal and working - with a director of one of the defendant companies;

8. The failure to ensure that all trials are compliant with Article 6 of the European Court of Human Rights

9. The failure of the States of Jersey Police to properly investigate allegations of perjury by Civil Servants in a Court of Law, especially when it has been alleged that some of their former colleagues were involved;

10. The failure of the States of Jersey Police to properly investigate or even refuse to accept complaints of perversion of the course of justice and other unlawful activities: both by serving officers and individuals within the legal profession;

11. The working of the Island’s legal aid system which means that ordinary citizens lacking the necessary ‘deep pockets’ have almost no chance of getting any justice in the legal system; regardless of the strength of their case;

12. Abuse of the Data Protection Law to implement what I can only describe as politically motivated ‘secret court’ proceedings;

13. Shocking and inexplicable inconsistency within sentencing for child abuse offences;

14. The failure of the Crown Dependencies ‘Team’ to appropriately consider and act upon complaints of criminal acts/abuses of the Jersey justice system; instead referring them back mass produced ‘template’ letter to be dealt with/appealed via the same individuals/institutions that have allowed the problems to occur

15. The lack of an individual’s right in Jersey to take out a private criminal prosecution;

16. Allegations of tampering with trial recordings within the Magistrates’ Court prior to said recording being sent for transcription;

17. The refusal of the UK to intervene to put an end to the ‘Dual Role’ of the Bailiff which allows one individual to preside as both Head of the Judiciary and Legislature; a system far worse in ECHRs failings than the system now being addressed in Sark;

18. A wholly unwarranted and divisive monopoly to practise allowed to exist for ‘Jersey lawyers’; this being the key factor in the extortionate rates such lawyers are allowed to charge – thus limiting justice to the wealthy and excluding most who may be termed ‘middle earners’;

19. The refusal of Jersey courts to ensure litigants in person are provided with copies of the law (relevant to their case) in language that they can understand;

20. The failure of the Data Protection Commissioner’s Office to properly assist members of the public who file subject access complaints to the States of Jersey Police in order to pursue cases against the Police - when they are being actively obstructed by the police;  

In concluding this brief submission I repeat that I sincerely hope the Committee will be willing to accept further, detailed written submissions at a later date; and similarly will be willing to hear oral evidence from those with the concerns – regardless of some us being tagged ‘anti-Establishment’ figures - rather than the usual Executive members and Civil Servants the UK authorities normally hear from and have contact with.

I fully concur with my colleague, Deputy Mike Higgins, is stating that like others I am turning to the Justice Select Committee for assistance because it is proving impossible to successfully address many of these issues in Jersey and firm external intervention is needed to end the abuses that are occurring in this Island.  None of this may be new – but it is high time the UK played its part in putting an end to such failings and abuses.

Deputy Trevor Mark Pitman


Keep the Faith. No-one in the UK government may be listening yet - but come Hell or high water; in office or forced out - the time is coming when we will MAKE those who should finally HEAR and bring the corrupt and the complacent to book.