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Showing posts with label Conflict of interest. Show all posts
Showing posts with label Conflict of interest. Show all posts

Saturday, 13 April 2013

TRUTH & THE JERSEY WAY: SOME THINGS JUST DON'T GO TOGETHER.

Committee of Inquiry members named as Option B & the Jersey Evening Pravda keep spinning the lies...


In the week that finally saw the first two names for the hard-won Committee of Inquiry into decades of Establishment-concealed child abuse announced the crucial importance of all of these people being 100% independent of Jersey's self-proclaimed elite could not have been more strongly reiterated.
 
For if the Committee of Inquiry is to finally get to the bottom of what went on at Haut de la Garenne and other institutions (States and otherwise) they will need to have a commitment to truth burned into the forefront of their approach at all times. Of course, this fact would likely go without saying in most jurisdictions. But sadly Jersey is not 'most' jurisdictions. It is...how shall we put it: different.
 
Both different in that it is fundamentally one of the most special places you could ever hope to find. But 'different' too in that we unfortunately have a clique of people at the apex of power desperate to hold on to power here for whom truth appears to come a very long way down their list of priorities.

People who regularly try to rubbish true proponents of political equality,transparency and accountability - yet are quite happy to throw such words around themselves like so much confetti at a wedding. So long as it helps them get what benefits THEM.
 
Option B for Bullsh*t...
 
Anyone doubting this fact really need look no further than those at the forefront of the campaign for Option B in the forthcoming (hijacked) Jersey referendum. Already the pages of the local Pravda (more on this later) have been swamped with letters whose lack of honesty (it surely can't be just ignorance, can it?) should tell you that buying a  secondhand car from the authors might just be one hell of a risk.
 
Why do I say this? Well, it is quite simple. The cold, hard truth of the matter is that Option B - if it were to become law - would create voter inequality that would make Jersey the laughing stock of Europe. Indeed, this would not just be because of a degree of resultant inequality that would cause riots on the streets of any normal democracy; it would be because no other country in Europe would actually even consider risking putting forward such non-ECHR compliant, neo-feudal claptrap as a government-backed initiative in the first place.
 
Thatcher may be dead but the self-interest mentality lingers on...
 
Yet here in Jersey, of course, we see people such as former occasional visitor to the States Chamber, Ben 10 Shenton; Clothier saboteur Pierre Horsfall and even young Thatcherite wannabees like James Rondel all spouting the demonstrable garbage that Option B will create a 'fairer' system! Really boys?
 
Then why is it, let me ask, that not a single one of you B faction brigade can ever manage to explain exactly 'how'? Why they are so quiet on this issue and keen to adopt the standard far-right diversionary attack of branding people who differ 'wreckers' is because they know they are talking the aforesaid utter tosh.
 
Option B is the choice for people who say that they want efficiency, stability and equality. But actually want an entrenched two-tier society that will continue to let those with the deepest pockets and the lowest ethics carry on riding the elitist gravy train a few years longer. Ride the gravy train even in the knowledge it will ultimately - certainly within the next 20 years -lead the majority into the economic and social Abyss. Please make sure you look at what they DON'T tell you.
 
To this regard a few weeks ago the A Team were using a catchy little slogan that played on this truth with a tongue-in-cheek 'No Plan B'. May I politely suggest that a more honest slogan would be:
 
 
'Vote B and you'll B stuffed - Forever!'
 
 


Which brings us neatly on to that bastion of Establishment Party lies...the Jersey Evening Pravda
 
Now the fact that the local Pravda  is already up to its old tricks in support of the B campaign (lovely big photo of 'thumbs up for inequality' Shenton) should come as a surprise to nobody who follows local politics. This newspaper has been actively working to undermine democracy and spinning Establishment propaganda since at least the end of the Second World War. Doubt my word then just go and sit in the reference library for a few hours.
 
Indeed, the JEP's consistency in this strategy has been remarkable and has never once faltered: whether this required such diverse ploys as refusing to let the Jersey Democratic Movement publish its election manifesto; portraying heroes of the Occupation such as the legendary Norman Le Brocq as rouble-grasping, anti-Jersey 'wreckers' or just about anything else.
 
Psst! Need a couple of Lefties portrayed as fraudsters even when all they really did (like some Establishment candiates!) was help a few elderly and/or disabled people register for a postal vote? Yup - Pravda are the boys for the job!

Want a child abuse investigation trashed and years of buggery, bullying and unheeded cries for help from children painted as secondary to what PC Plod had for dinner - once again, we're your guys! Want a dodgy copper leaking information during a live child abuse investigation to a hack Daily Mail journalist instead painted as a 'whistle-blower' - give us a call!
 
No wonder more and more people are deserting the MSM for Citizens' Media...
 
Of course, often this most vile of 'newspapers' takes a more subtle approach.

Ever so accidental pictures of favoured Establishment candidates such as Sir Philip Bailhache given much greater prominence, likewise with quotes/text than other candidates. Respected US journalists (shockingly monitored whilst a visitor to our island and then banned upon revealing what she was researching) stuck on the pages of Pravda when her visa is returned... ever so accidentally next to a big feature on illegal immigrants!
 
The truth is the Jersey Evening Pravda is both terrified of TRUTH and contemptuous of it in my opinion and, indeed, in that of so many others. Okay so we know they are desperate to bury this... But just consider our case against them and Broadlands for the horrible, cowardly lie that my wife (Deputy Shona Pitman) and I had increased our salary by 4 times with my entering politics.
 
Bad enough as this despicable lie was in itself given our income had decreased and, of course, a belated, desperate attempt to spin this as a reference to a mortgage muliplier ignored the ever so inconvenient little fact that that 4 x wasn't even the current rate.But if you have been reading their recent appallingly written stories from the likes of Richard Heath and Andy Sibcy (what happened to you guys?) relating to facts of the case and material sent to the UK Justice Ministry then you'll oddly NOT have been made aware of the following very interesting FACTS.

Never mind Article 6 and Human Rights - we're the Jersey Establishment!
 
Firstly. the editors and owners of the Pravda are desperate that you don't know the cold, hard FACT that this newspaper is seeking to gain financially from a court case that was NOT ECHR compliant. This being because our esteemed Bailiff's Office - whether through negligence or, it has to be asked, something more sinister,failed to ensure that Jurat John Le Breton who is an evidenced personal friend of a defendant company director did not obey the rules on conflict of interest and recuse himself.
 
Whatever could have been Le Breton's motive for not doing what was required, I ask?

The Jersey Evening Pravda - aided and abetted appallingly by BBC Jersey in this instance - claim they CAN'T report this for risk of getting into 'Big Trub'. Slightly odd then you might think how journalists in both the UK and beyond have reported what is cold, hard FACT? Obviously the Establishment tom-tom drums have been beating frantically to try and keep the Bailiff's Office's failures quiet at all costs.
 
Then secondly, the reality that Jurat John Le Breton is highlighted within the Establishment suppressed Sharp Report as refusing to look at EVIDENCE against his friend and Victoria College teaching colleague, predatory paedophile Andrew Jervis-Dykes. Not just this but then writing in support of this vile individual. And yet was then actually put forward and supported by Establishment grandees including a former Education Committee President to become a Jurat!
 
The role of a Jurat? Looking at and deciding on... EVIDENCE!
 
And then we have the little fact of the Jersey Evening Pravda trying to con their readers that it is only Shona and I who have written to the UK Justice Minister expressing their deep concern at this abuse of justice. Of course the truth is that a dozen prominent Islanders wrote in support of our challenging of this sickening farce. All but three current or past States Members.
 
Funny how the Jersey Evening Pravda don't tell their readers that?
 
Opting out of ECHR obligations on the excuse that Jersey 'is small' just isn't an option...
 
But Lord above, would YOU not be concerned if you found an individual like John Le Breton awarded the job by the Bailiff's Office of deciding on evidenced fact in your case?! Deciding on evidence that could impact your whole life? Yes, I repeat: no wonder the Jersey Evening Pravda want to keep this little scandal quiet. Conflicted to the hilt AND a proven record of being happy to look the other way on evidence!

Yet what possibly makes this even worse? The aforesaid fact that despite this appalling reality the Pravda and their lawyers still appear quite happy to try and gain financially on the back of court proceedings that as a conseqquence wouldn't stand up in a Third World country like Zimbabwe.
 
Or maybe its all a whole lot more sinister still?

Maybe Le Breton's being allowed to get away with sitting on our case against the JEP/Broadlands even when it is beyond question that he was impossibly conflicted wasn't just down to him? Maybe what is happening now isn't just a consequence of cynical opportunism? Maybe it was yet another manifestation of 'the Jersey Way'?

Maybe it was all part of a deliberate strategy?
 
After all, the Establishment can always use the get out/excuse 'well, if you are unhappy you can appeal!' Knowing that most ordinary people simply can't afford another £30,000 + nor should have to due to failings entirely down to the Bailiff's own Office probably don't even enter into their considerations.

Or maybe that too is all part of 'the Jersey Way' plan...
 
But to return to where I began with the selection of the Committee of Inquiry members to examine decades of States concealed child abuse: all i can say is thank God that this selection is in the hands of a decent man like States Greffier, Michael de la Haye!

If we can follow in this vein all the way through and keep the Establishment 'wreckers' at arms length maybe the inquiry will eventually be able to succeed. We must certainly do all we can to ensure this happens. More than enough children and adults have suffered already.
 
 
Keep the Faith. Yes, they can destroy us - but ultimately the Truth will always win in the end...

Truth - especially the BALD TRUTH - to paraphrase Corporal Jones - the Jersey Establishment and their mouthpieces just don't like it up 'em!
 
 
 
 


Sunday, 17 March 2013

FREEDOM WRITERS - THE JOB OF A CITIZEN IS TO KEEP HIS MOUTH OPEN.

Another week ankle-deep in the cesspit of the Jersey 'justice' system...


Do you ever wonder why reliance on the 'mainstream media' (MSM) is declining the world over? Then just take a few minutes to analyse the political situation here in the UK Crown Dependency of Jersey.

Not just the fact that our MSM are largely quite happy to look the other way and even collude with a democratic deficit in terms of voting equality that would embarrass the average 'Banana Republic' Dictator. But the fact that we have a judicial system and attendant 'legal' industry that is set up to ensure justice is guaranteed only dependent on the depth of an individuals pockets; or according to their social standing i.e. being 'in the Establishment club'.

And that these people keep getting away with it is largely because it is only the victims of these unfit for purpose institutions who get to know the true painful facts. Why? Because those at the apex of our aforesaid mainstream media possess neither the morals nor Testicular Fortitude to expose what is going on. And that in a nutshell is why the audience and respect for so-called citizens' media in the island is growing with each passing year.

We (for I am proud to consider myself one of them) WILL undertake the required research. We WILL risk the illegal visit from the local Stasi. We WILL stand up against the inevitable hatchet job tagging us 'wreckers' and being 'anti-Jersey' that will always follow from the Establishment or its very same media mouthpieces.

By doing so we risk losing everything. A line in a forthcoming book says: 'there are none so bitter as Old Gods almost dead; none so desperate as those who see long years of power finally slipping through their fingers like sand'. Yet huge and draining as the risks are the truth is that to instead do nothing would ultimately lead to us losing a whole lot more: our pride; our integrity - our ability to simply look those who have been made victims and need our strength squarely in the eye.

This is why we 'freedom writers' continue to write and so fight. In the words of the legendary EZLN spokesman Subcommandante Marcos: 'our word is our weapon'. And trust me - we aren't about to cease hostilities until justice in Jersey finally prevails and those who pervert our institutions to their own ends are brought to book.

The examples of abuse within the 'justice' system just grow and grow

In a month or so a couple of us will be presenting a dossier to the Island's Lieutenant-Governor. The examples within are as diverse as they are shocking. That the details are laid out in all their full, appalling glory is essential. But just as an aperitif here's just a couple of recent examples of Jersey 'justice' to consider...

Do you think it is all above board to blackmail a prisoner on remand to the tune of: 'Plead guilty to the charge and we won't implicate your mother in your offence. But plead not guilty...you'll find her facing charges of conspiracy and a guarantee of years in jail'?

Is it all simply par for the course to falsely arrest a person over a planning case so without substance that it wouldn't even stand up in North Korea? Just as bad - to then keep up the sick charade and ruin their reputation and livelihood in the process - incredibly with the collusion of the court simply because backing down would now certainly reveal the truth of what has gone on?

Do we really want to live under a 'justice' system where a magistrate is able to send a woman - a mother of young children - to prison for drink driving even when the States own analyst says she simply could not have been over the limit?

Can it honestly be acceptable that a lawyer can attempt to charge a person in the region of £50,000 worth of fees for work that he quite demonstrably never undertook? Can it really also be satisfactory that any sanctions to be applied for such fraud must be left entirely in the hands of his friends on the Jersey Law Society?

Well, call me a trouble-making Lefty rebel-rouser if you like but the answer to my mind is no, no, no and no!

All of the above is no more acceptable than our Bailiff's Office breaching all rules on conflict of interest by not ensuring a jurat  being an evidenced friend of a company director of a defendant did not sit in judgement of FACT in our defamation case. They are all wrongs; abuses which must be righted. And if doing so is contested and resisted then clearly one must conclude that they cannot even be genuine, if barely credible mistakes.They can only be something a whole lot more sinister...

I began this post with a line from the famous quote by German poet and playwright, Gunter Grass: 'the job of the citizen is to keep is mouth open'. And it is in this great tradition that Jersey's citizen media 'bloggers' are doing just that to expose and oppose such travesties of 'justice' that I highlight above. So to my noble 'comrades in arms' - the Ricos; VFCs; Toms; Stuarts; Sams; Montys and so many more - I say: take a bow. Your work is both brave and important beyond words.

And, just in case you should ever doubt yourselves or waiver under the strain and intimidation I'll end this short post with a literal translation of another that is equally incisive for you to hold on to. They are words from the the famous poet and philosopher Jose Marti - hero of the Cuban revolutionary war for Independence. 'He who uses the office he owes to the people against them is a thief'.'

Those who strut and preen in the regalia of the Jersey justice system - in all of its many guises - yet allow such travesties that I outline above to go un-rectified are nothing less. They are actually a whole lot worse. And we must fight them to the bitter end.

Keep the Faith - The darkness can't last forever...




Sunday, 10 March 2013

JERSEY & THE ABUSE OF JUSTICE: WHEN WILL THE LIEUTENANT-GOVERNOR FINALLY REIN IN THE COWBOYS?

'Jersey's legal system is, in its entirety, fundamentally incompatible with the Convention for the Protection of Human Rights and Fundamental Freedom ('the Convention'). The attitude of Jersey's authorities, in relation to the non-compliance in the Island with the Convention is one of calculated defiance'.

JERSEY - THE ISLAND  DEMOCRACY & JUSTICE FORGOT...

Powerful words indeed; damning words. Just me again - that bolshie, anti-Establishment rebel rouser taking another shot at Jersey's  powerful elite? Well, no actually. The above quotation is from one of Jersey's finest lawyers: certainly the best and most courageous practising today.

His name is Advocate Philip Sinel. And his words, taken from his submission to the Carswell Inquiry, are 'bang on the money'. I know - with my wife, Deputy Shona Pitman I have experienced both barrels from a system that would be a disgrace to a developing country; let alone one of the half-dozen most affluent jurisdictions on earth.

Justice is meant to be for all within a community, isn't it. Yet in Jersey this just isn't the case. For within a jurisdiction both wholly captured by finance, and long hijacked by a morally bankrupt, clique of individuals with far more more money than ability 'justice' has nothing to do with right and wrong anymore: it is all about manipulating and maintaining power.

Those ordinary people who dare 'rock the Establishment boat' will find the 'justice' system turned on them until they are either silenced, join the club, or are utterly crushed. Of course, these people should be able to turn to the UK Ministry of Justice to protect them from such abuses. The only trouble is the Ministry of Justice evidently couldn't give a damn. It could intervene. It SHOULD intervene. But it doesn't. And so it allows the abuses of process to go on: go on as they have for decade upon decade.

Over the next month or so Deputy Mike Higgins and myself - possibly Deputy Montfort Tadier too - will be endeavouring to collate a catalogue of appalling and hugely diverse cases that show just how out of control Jersey 'justice' is. We then intend to put these to the Lieutenant-Governor.

More about all of this nearer the time. But for now let me just offer a further instalment of my own experience of how even those with the comparative platform of a political voice can fall victim to the failings - some will say 'machinations' of the Jersey Law Office...

JERSEY MIGHT BE SMALL BUT THAT IS NO EXCUSE TO BLATANTLY FLOUT ARTICLE 6 OF OUR HUMAN RIGHTS...

Let's just consider the comparatively straight-forward issue of the essentiality of avoiding Conflicts of Interest when judges and jurats are sitting on court cases i.e. ensuring that no one rules or decides on evidence in a case where they may, or may even be perceived to have a relationship with either plaintiff or defendant. The fundamental importance and clarity of this concept has never been better summed up then by the late and legendary Lord Denning.

"The court does not look at the mind of justice itself or at the mind of the chairman of the tribunal, or whoever it may be who sits in a judicial capacity. It does not look to see if there was a real likelihood that he would, or did, in fact favour one side at the expense of the other.

The Court looks at the impression that would be given to other people. Even if he was impartial as could be, nevertheless, if the right minded-persons would think that, in the circumstances there was a real likelihood of bias on his part, then he should not sit. And if he does so, then, his decision cannot stand..."

All very straight-forward. Yet in Jersey as we were to discover - at best applied only inconsistently; at worst completely ignored. Indeed, our case for defamation against the Jersey Evening Post and the estate agent Broadlands highlight both perfectly.

On the one hand the Bailiff' and Deputy Bailiff 'recused' themselves from presiding over our case simply because of our political 'relationship'. As I have said before - all well and good though the fact is I would not partake of diner with either man if they were the last individuals on earth.

Yet when we came to jurats - and remember only TWO sat on our case with the Jersey syetm denying us an independent jury of ordinary people - having the most crucial role of actually deciding on evidence and fact the senior of the two jurats, John Le Breton failed to recuse himself despite clearly being conflicted beyond all argument.

He had been a personal friend of a senior director of one of the defendants for many years.

Jurat Le Breton socialised with the defendant's director. He even went to diner at the director's home and the director his. He was also even a close personal friend of the director's spouse. And he also knew full well that his friend was a director of this defendant in the case.

All of this is evidenced. The Jurat should have revealed all of this as is required of all judges and jurats, and if not automatically recusing himself voluntarily then be prevented from sitting by the Bailiff's Office. But neither happened. There  are no ifs or buts about this. It is fact.

Sickening enough in itself then. Yet when all of this finally came to light after the court case had finished incredibly both Jurat Le Breton and the Bailiff's Office both tried to play the seriousness of it all down. As they still do to this day. They even try to paint it as acceptable because Jersey is 'small' in size. The question that immediately raises itself in consequence simply has to be: why?

If mistakes are made - and let's be quite clear here we all make them at times - then immediately they are brought to ones attention you put them right. Though such an incredibly lax approach to justice could never really be excused given all of the stress and strain involved it could at lest be accepted once put right.

When such glaring travesties of justice are met with only arrogance and denial, however, the conclusion can only be that the motive for what happened to us - and has no doubt happened to unknown others - can only be suspected to be a whole lot more sinister. Are Shona and I alone in this view? Is it just 'sour grapes'?

Well, the Jersey Evening Post certainly may well want to try and convince its readers of that - after all they have consistently refused to let us tell the true facts. They even edited this rather significant and hugely telling FACT our of the press release article they published (we wonder why?) But alone in our identification of a clear and wholly unacceptable conflict of interest - one that completely renders the decision of the jurats unsafe - we are not.

And to this regard I reproduce a copy of the main letter of support given to the Justice Minister (in tandem with a second letter from us) signed by a sample cross-section of prominent Islanders just as horrified as we ourselves. Including political figures past and present to the 2 x Senators; 6 x Deputies and 1 x Constable who felt compelled to co-sign the below letter or write their own Shona and I again say a heartfelt 'thank you'. Just as we do to our fellow campaigners for justice who also signed in support*.

Your solidarity and recognition that such abuses of justice as outlaid above cannot be allowed to go unchecked a moment longer give us strength. Those who are happy to abuse the legal process may destroy us - indeed they are working flat out to do so. But they will never, ever be able to alter the fact that their actions are as reprehensible as they are incompatible with a democracy.

Eventually justice WILL prevail - both for us and for all the other wronged ordinary working people beginning to come forward. Wouldn't it be great if the Island's Representative of the Queen - the Lieutenant-Governor would now step up to the plate and play his part in doing what is right and just too...

Keep the Faith

Trevor


Letter to the UK Justice Minister


6th December 2012


Reference: Shona & Trevor Pitman’s court case


Dear Lord McNally


We write to you as both current and former Members of the States of Jersey Assembly; and, indeed a small number of ordinary members of the community to express our deep concern as to the flawed application of justice within the case of Deputies Shona and Trevor Pitman; heard by the Royal Court in April of this year.

The full details of Mr and Mrs Pitman’s concerns, both in regard to their own case and of a wider nature, are outlined at considerable depth within their own letter. There are indeed in our view many aspects of our island’s justice system, especially within the Jurat system, that need modifying in terms of adequate checks and balances. This being so, we nevertheless believe it sufficient here to state the following relating specifically to the Pitman’s case.

All individuals are entitled to a fair and just trial process; free of all and any perception of possible bias or conflict of interest. Just as both Judges and Jurats should not have any serious questions as to their past judgement or commitment to justice. It is apparent to all of us, however, that given the evidence relating to the Sharp Report into child abuse at Jersey’s Victoria College highlighted by Mr and Mrs Pitman in their letter, there are clearly such question marks relating to the senior Jurat in their case.

A further key aspect of ensuring a fair and just trial, must obviously also be that neither a Judge nor a Jurat should be able to sit on a case if he or she has any demonstrable relationship with any of the parties involved; be this with plaintiff or defendant. Those of us who are, or have been States Members can attest to politicians being very much aware of their obligations as public figures; one of these of course being that such duties are carried out within the realms of public perception.

Yet it is quite apparent from the information laid out by the Pitmans that this crucial process has not been adhered to within the appointment of Jurats to their case. In our collective view, it simply cannot be acceptable or safe that the Jurat in question, Mr John Le Breton, was allowed by the Bailiff’s Office to sit and pass judgement on this case.

It is after all quite clear that the Jurat has a significant relationship over many years - one that has been both working and social - with an individual, who is a long-standing director of a company who own one of the defendants in the case: this being the local newspaper.

In our view, the inappropriateness of this serious conflict of interest is only further amplified by the fact that in stark contrast, both the Bailiff and Deputy Bailiff were ruled to be unable to preside on the grounds of their ‘political’ relationship with the plaintiffs. We are all able to confirm that neither Shona nor Trevor Pitman have, or have had, any social or friendship-based relationship with either Crown Officer whatsoever.

The inconsistency of this ruling set against the relationship with a director of the first defendant on the part of the senior Jurat could not we believe be more pronounced. We thus echo Mr and Mrs Pitman’s contention, that this involvement of Jurat Le Breton in their Royal Court case for defamation cannot be regarded as either safe or acceptable.

We further support the belief that such a miscarriage of justice being corrected must have another possible avenue of redress when individuals, any individuals, do not possess the significant wealth necessary to challenge this by means of a standard appeal. Indeed, the whole issue of the Jurat’s actions in refusing to look at evidence outlined with the Sharp Report only strengthen this deep concern.

As such we fully support Mr and Mrs Pitman’s call for a mistrial and request that you intervene as Justice Minister with regard to ruling this court decision as unsafe.


Note

*Along with publishing further correspondence including that from the Bailiff's Office; upon consent from the individuals I hope to also be able to indicate the identity of those who kindly suggested writing and/or signing the letters of support.

Of course, knowing that not all individuals may want to lay themselves as wide open to targeting by the Establishment as I am prepared to do any request for continued anonymity will be fully respected. The important thing was that these good people were willing to stand up with us to be counted in saying to the Justice Minister 'enough is enough' 

We will be forever grateful to them for that.