THE STRANGE CASE OF STUART SYVRET, DATA PROTECTION & THE INTERNET TROLL.

Another snapshot of the Jersey ‘justice’ system – where ‘the law’ is changeable according to who you are…

Being pleased to receive some assistance from our cousins across the channel in France relating to our Strasbourg application – this arising out of complete disbelief on their part at how those who control Jersey’s ‘justice’ system continue to twist and abuse it at will to secure the desired Establishment result – the conversation got me on to thinking of how the Data Protection ‘law’ was infamously manipulated against former Senator Stuart Syvret.

Indeed, the timing for putting up this post seemed pretty ideal as I had decided that due to some rather interesting ‘happenings’ I have set for around the end of September/October I needed to take a break from regular blogging at least until nearer the election. And secondly, I had just had yet another experience of what passes for ‘law’ in the Birt and Bailhache epoch Jersey Twilight Zone via Viscount Michael Wilkins’ collusion with the State media regarding our politically manipulated ‘Désastre’.

More about this episode in a future post no doubt. Yet in the meantime please check out this link to my interview on the excellent Voiceforchildren Blog.

Stuart Syvret and the notorious Data Protection ‘secret court case’ scam

Here, should any readers not be aware, four Establishment proxies (there was actually meant to be five but one refused to go along with the ruse having been written to by Data Protection asking him to come in and join them) including one middle-aged, internet troll and convicted petty criminal we shall call for the sake of humour and upsetting his sense of deluded importance, Boozy D’ Eathreat were provided with the better part of £500,000 of our taxpayers’ money by the Data Protection Commissioner’s Office. These monies being to cover ‘legal advice’ costs to take former Senator Syvret to court and prosecute him regarding material on his internet blog.

The actual cost of the whole scam in fact ran in to millions as I know firsthand from one of those involved in the process. However, what really needs to be focussed on for the purposes of this particular post is that Mr D’ Eathreat was allowed access to this taxpayer’s money despite the fact that what Stuart Syvret had actually written about him being an abusive and cowardly cyber bully was demonstrably true. As at least nine other complainants to the police I am now aware of can confirm. Imagine that, readers – in Jersey such is the break down of law and order that you can now actually be taken to court for telling the truth! All our judiciary need to do to succeed is simply ban you from providing the evidence or calling any witnesses.

Yet it must also be flagged up – especially given the anti-Syvret propaganda pumped out by Establishment Party organs such as the Jersey Evening Pravda – that whatever one thinks about the former Senator’s decision to name the secret court case proxies on his blog it remains an undeniable truth that the former Senator does have a wholly sustainable defence in his claim to have done so in what he considered to be – rightly or wrongly – the ‘public interest’. Certainly one hell of a stronger case than Viscount Wilkins’ has in his pandering to the whims of his mates in the Establishment court and media in our ‘Désastre’ case!

The differing judicial attitude to Syvret and Boozy D’ Eathreat actually sums up ‘the Jersey Way’ to a T

You see this Establishment proxy – a perma-Stella-ed, work-shy, scumbag, who has for years viciously attacked not just Syvret himself but many others including Shona and myself and even victims of child abuse on the internet using a whole plethora of fake avatars (James Le Gallais, James Pearce, Sue Young, Julie Hanning, Percy Luce, Monty Man Hunter etcetera) to try and conceal his sick and cowardly actions can have no such defence whatsoever. NONE! Boozy D’ Eathreat’s abuse of innocent people is down to pure, twisted maliciousness and jealousy. Nothing more. Nothing less.

Yet guess what? When approached for the same support to take this truly horrible bully to court - surprise, surprise - the Data Protection Commissioner claimed that she ‘could not do so’. Because this internet troll is apparently – and I quote here: ‘not a data controller like Syvret is’. In fact according to the Data Protection Commissioner’s very own words once again our Mr D’ Eathreat ‘is just a kitchen table blogger’. ‘Syvret’ in contrast she told me ‘even calls himself a journalist.’

Wondering what a ‘kitchen table blogger’ is?

Me too!  Because, even though I asked the Commissioner to kindly explain, her answers left me largely none the wiser. You see someone writing on the internet can call him or her self whatever they like – investigative journalist; reporter; political activist – anything. Most of course use plain and simple old ‘blogger’. The best are also quite open about who they – we - are.

The key issue here then is that such claims don’t actually automatically have any legal standing whatsoever. Syvret, after all, may use the term ‘journalist’ even though – just like other individuals such as Mr Rico Sorda for example – he is not actually employed or contracted by anyone. Indeed, such people in truth are ‘employed’ only by their social conscience; their ‘contract’ being only with their commitment to social justice.

Indeed, it is a similar story with the guff used in court against Syvret in throwing around the term ‘data controller’. Is Syvret any more a ‘data controller’ writing his blog than the sick and vicious internet troll who sets up and controls fake political forums where he uses avatars to both register it and spout his easily identifiable hatred as if this was coming from real people?

Or who even sets up bogus blogs - again registered under fake names - to do the same? Indeed, is Syvret or any other of us who write in our own name on personal and genuine blogs more of a ‘data controller’ than the sick and twisted troll who undoubtedly ‘controls’ the hateful bile he pumps out – i.e. the ‘information’ via Twitter of Facebook? Hateful information we know even pillars of the State media such as BBC Jersey Managing Editor, Jon Gripton are evidently happy to re-tweet as ‘amusing’.

No - Syvret is not

The truth is this whole ‘data controller’ concept is actually one originally intended to be utilised in relation to big business and institutions and was never constructed with the idea of being used against the likes of Syvret at all. It has simply been seized upon here in the courts of Jersey – the Hazzard County of the English Channel – as a convenient additional tool of Establishment oppression. (Who is Jersey’s Boss Hogg? Answers on a postcard…)

As for an individual like our Mr D’ Eathreat being able to pump out his cowardly hate to bully people he becomes fixated upon year after year without fear of falling foul of either Data Protection or the police because he is a ‘kitchen table blogger’ this also utter garbage. The term’s legal standing is zero. Both agencies are fully aware of who this creature is and what he does. They both know there is a huge file of complaints about him. They also know that he could – as both honest local and UK police officers have confirmed to me - be charged under the Harassment Law and should have been.

But charged he isn’t

As for me personally, having pursued all of the correct complaint procedures following the years of sickening and vicious abuse from this social inadequate scumbag and yet still seen the authorities do absolutely nothing I actually can’t wait to be taken to court having decided my last resort was to stand up to this thug.

You see one little thing the Jersey Establishment Party may not have realised in deliberately allowing this freak’s reign of abuse to go on and on is that - finally - there are a great many of his victims who are now willing to give evidence about the how they have been abused and then betrayed by the authorities meant to protect them. And unlike James Pearce, James Le Gallais, Sue Young, Julie Hanning, Alan Gower and Uncle Tom Cobbley and all – they are all real!

Keep the Faith

PS

In the meantime should you be one of this thug’s victims yet somehow suddenly find yourself down the police station due to one of his own bogus complaints (D’ Eathreat has made dozens of them!) please just remember this.. The police actually need a Centenier to charge you. It can’t – as it appears happened recently - be attempted by a couple of the mates the troll is always bragging about. And when you get out of the station if you haven’t got anyone else to turn to feel free to give me a call so I can add your name to the list… 

THE BAILIFF: A ROLE SYNONYMOUS WITH THE CORRUPTION OF ‘THE JERSEY WAY’

It really should come as little surprise to learn that ‘Sir’ Philip Bailhache has awoken from his political slumber following the debacle of his sabotaging of the reform referendum to now try to do the same with the latest moves to put an end to the non-ECHR compliant anachronism of the role of Bailiff. Bailhache’s whole career after all – through both his time as Attorney General, Bailiff and now as a Senator has, in my opinion, been marked by his utter contempt for justice and democracy.

Like his brother William his name is now synonymous to an ever-creasing number of people with child protection failures and the application of ‘law’ only according to who a person is. Indeed, at a time when generations of Establishment cronyism and corruption to ensure our Island was run as a private club to benefit the rich and powerful at the expense of the wider community is finally in sight of its Endgame simply due to the Party having run out of credible ‘big hitters’ to run the show Bailhache is the last desperate throw of the dice as I observed back in 2011.

Yes the political Left has failed over these long years to put aside what have generally been inconsequential differences of political priority to put together a strategy to outflank the endemic corruption of the ‘Jersey Way’. Just as the wider community who have become second class citizens under the ‘Jersey Way’ and its appeasement of Finance at all costs have failed to rise above the culture of fear; the apathy of moans and non-political participation to do the same. 

Yet the reality is the Establishment Party is finally facing its first glimpses of its nemesis because of things even its corruption and bullying cannot control: time and the reality that in a shrinking media world the anachronisms which have helped maintain its power can no longer be talked away with smarm and a dry sherry.

So now we see The Man Who Would Be King – surely King Philip the First and Last - desperately tilting at windmills to sustain the ‘Jersey Way’ and all it allows a little longer by attempting to defend the indefensible position of the Bailiff. A role let us not forget that has absolutely no mandate from the public. A role that allows an unelected judge to control what those who have faced and won election to the States Chamber via the public can say or put forward as policy proposals.

Hells bells - a role that allows these unelected judges – and as the recent past as shown us so dramatically not even ones who uphold justice for all as per their Oath – to strut about in ridiculous red cloak and gilded bog chains as the Island’s ‘First Citizen’ assuming the position afforded some kind of President!

And yet Philip Bailhache wants to keep the anachronism in place. Of course his aforesaid brother, William has already been announced as the next Bailiff - even before the vote set for later this month! But the key reasons why really do not any longer even need to be spelt out. Its removal will be the final cutting away of the critical first leg of the three-legged Establishment Party stool upon which the fat, bloated backside of the ‘Jersey Way’ squats. Once gone the final and long-overdue fall to earth will follow as inevitably as night-time follows day.

Yet to distract from this Philip Bailhache instead waffles via the State media about the importance of maintaining ‘tradition’! Really, Sir Philip? Leaking through the heady aroma of a nice Chateau-Neuf-du-Pape in the luxury of the Atlantic Hotel perhaps do not even you detect just the faintest whiff of sickening hypocrisy in the air? Perhaps then I should give you a little clue: Jersey's link to the Diocese of Winchester. Wasn’t that built around 500 years of ‘tradition’ – yet you threw it away without a thought in your desperation to dodge the holding to account of yet another member of the Establishment Party – the Dean - who had also failed to act on abuse.

Really, Sir Philip have you learnt nothing in your overbearing arrogance since as Attorney General you allowed the convicted paedophile Roger Holland to remain in the Honorary Police setting in motion a reign of abuse on young girls?

Have you learnt nothing since - as Bailiff - you illegally banned an elected Member of the States, former Senator Stuart Syvret from taking up his seat in the States for six months?

Have you learnt nothing since as Bailiff and Chairman of Victoria College you happily allowed a Vice-Principle – John Lyndon Le Breton - with a proven history of disregarding evidence against yet another predatory paedophile, Andrew Jervis-Dykes to be rewarded with a job as a Jurat ‘administering justice’ in your own Royal Court?

Indeed, have you learnt nothing since your grotesque and disgusting Liberation Day speech where you claimed global media reporting was the ‘real scandal’ above the appalling suffering of the victims of Haut de la Garenne which your generation of power holders had allowed to come about?

No, Sir Philip, quite clearly you have not. Or perhaps the truth is that you simply revel in all of this because all that matters is trying to prop up the ‘Jersey Way’ and ensure the Establishment Party hangs on to power a few more years no matter what? Either way the bottom line is that although I believe the craven deference afforded you by so many of the poodles currently passing themselves off as politicians will ensure you win the vote on the Constable of St. Helier’s re-working of Shona Pitman’s proposition to replace the Bailiff ultimately you will fail.

Indeed, if I may paraphrase a favourite rock song ‘This isn’t the end – but at least we can see it from here’. Justice eventually comes to all. Even in the tiny Neo-Feudal State of Establishment Jersey. Sleep well…

Keep the Faith

JERSEY - THREE POSTCARDS FROM THE 'FLYING BANANA' REPUBLIC

A handful of observations from within the best of all places being ruined for the worst of all motives. Forget America where right-wingers would rather risk bankrupting their own country then grant the poorest basic health insurance - when it comes to getting it spectacularly wrong my home island is out there in a league of its own...

Senator Ozouf joins the battle for fair representation - or does he?

It was encouraging to spot in the Jersey Evening Pravda that none other than Senator Philip Ozouf was telling us that we really could not let the unfairness inherent within the over-representation of country over town parishes in the States continue past 2014. Indeed, as I always do whenever he is right - I wholly agree with and even applaud him. Nevertheless there are just two little problems that keep niggling at me over this.

Firstly, if Senator Ozouf really cares about the people of St. Helier at last having voting parity of representation with their country parish cousins (some of whom never even have contested elections at all - just successions) then why doesn't the Senator's proposition attempt to give St. Helier just that instead of something that again sells them short? Secondly, the good Senator has derided the need for changes over more than a decade in government. Whatever can have led to this moment of epiphany after all of these years?

Senator Ozouf really should tell us all about this at once. Otherwise some of our more cynical political watchers might just begin to suspect this change is all down to the Senator believing he wouldn't be able to hang on to his current Senatorial seat. One thing is beyond doubt this week's States debate of 'reform' is likely to be the biggest shambles for years. And that we are in this mess is all down to Senator Philip Bailhache's ego and the lily-livered politicians who allowed him to hijack the independent Electoral Commission

Economic Development to lead clampdown on cyber-bullying

As the politician who forced this on to the political agenda (well, you have to blow your own trumpet sometimes!) this story seemed to be a very welcome one indeed - for cyber-bullying can kill and that should never, ever be forgotten. Welcome that is, until you come to realise that the grim truth is: if you cyber bully someone from outside of the Jersey Establishment fold and/or from a position of power you will remain wholly immune to prosecution no matter what.  

Cyber-bullying and the twisted 21st century social phenomena of the internet 'troll' really is an issue that demands government action. Yet again the sad reality here is that the island's most vicious and cowardly cyber thug has been afforded huge wedges of taxpayers' money by our 'justice' authorities to take another person (one of many) he himself had relentlessly bullied for years to court for....bullying! And this via a secret court circus at that.

Throw in the further facts that police files against the same said cyber-thug get no further than the Attorney General's wastepaper bin; the Managing Editor no less of the local BBC refusing to even apologise for his promotion of a Twitter hate account set up to attack Deputy Shona Pitman; and now yet another staff member of that company being even accused in a national newspaper of involvement in the alleged 'bullying to death' of the late Simon Abbott  and the dire need for genuine government action is loud and clear.

Yet in the cold light of dawn what are we really likely to get? My bet is a cobbled together quasi-legal  'law' to enable the Establishment to try and close down the only independent Jersey news source that is Citizens' Media. You have been warned....

The call for 'Access to Justice' in Jersey isn't just about affordability...

In a week that has also seen my colleague, Deputy Montfort Tadier lodging a proposition calling for Chief Minister Gorst to finally publish the TOR for the Access to Justice 'Working Group' I have a question lodged for the Chief Minister asking that he accepts 'backbenchers' being included on this. Why? Well, a fact that Senator Gorst has been strangely silent on is the truth that this whole initiative actually arose out of a meeting Deputy Shona Pitman and I had with him on the abuses of justice we were (and still are)  experiencing.

You remember - just little things such as... individuals proven to be willing to disregard hard evidence against paedophiles then being allowed to sit as jurats and the like. Anyway, the point of my wishing to be involved revolves around this core: 'access' to justice - as can be seen from what I highlight above - is clearly not just about issues such as putting an end to the Closed Shop of Jersey Lawyers that cements their ability to rip the rest of us off by keeping out far cheaper UK lawyers. It is about the 'justice' the average man and woman in the street are able to access also being guaranteed to be just that: JUSTICE. Transparent. Accountable. Affordable. And Human Rights compliant.

For if Chief Minister Gorst is allowed to get away with handing over this review - both its make up and its working mandate - to the very same people whose lucrative gravy train relies upon it - just as it has done for decades - we the ordinary public will get nothing like what is needed at all. We simply must not let that happen.

Keep the Faith

Meanwhile I leave you with the following oral question to be asked of the Minister for Home Affairs:

 

“Would the Minister inform members whether the Chief Officer of the States of Jersey Police, in response to allegations made to the Police by former Senator S. Syvret relating to corruption, advised Mr. Syvret that his concerns had been referred to a local legal firm and had been deemed groundless, and, if so, which legal firm was utilised and why?”

The answer - or perhaps even the non-answer - stands to be quite fascinating. Maybe because I know the answer already?

 

WRITTEN STATES QUESTIONS FOR 2ND JULY 2013 - A FEW MORE CONCERNS ABOUT JERSEY 'JUSTICE'

I outline below my written questions for next week's States Sitting. As I posted earlier, I unfortunately have had to postpone the intended report on the Justice Select Committee meeting with States Members due to picking up a flat tyre; and then needing to rush out again for the Parish Assembly. But this post will go up on Friday latest.

Those readers who follow the blog regularly will also notice that the questions below make reference to issues that we have still had no clear answers to despite well-focused efforts. No apologies for this whatsoever - questions that are passed by the system - however flawed it might be - should in turn then be given the courtesy of full and accurate answers.

When this does not happen, as is all too often the case, then the only thing to do is keep asking again, and again, and again.Brief comments on the background to each question is also provided underneath.

Written questions to Minister for Home Affairs

 'Has the Minister now handed over all details to officers undertaking ‘Operation Elvedon’ relating to the information he advised the Assembly had been leaked to a UK journalist during a live child abuse investigation by Mr. Gradwell?' 

Comment 

Remember all the fuss made by people like Ben Shenton, Jim Perchard, Sean Power and co when they were trying (unsuccessfully) to link Lenny Harper's name to stories about Police Officers leaking information to national newspaper? 

Well, in stark contrast none of these individuals had anything to say at all about the expose by Citizens' Media that Mr. Gradwell - sickeningly portrayed by the Jersey Evening Pravda as a 'whistle-blower' - was named as leaking information to such newspapers; and done so whilst the Haut de la Garenne investigation was still live.

The Home Affairs Minister promised he would answer this question. But he hasn't. So I am back. Finally, just remember, this is not really about money but professional standards and trust. Indeed, in the UK a high ranking Met Officer was actually jailed earlier this year for this very thing...

Written question to Minister for Home Affairs

'Given that two independent businessmen have alleged that documents, including police witness statements, relating to the Dean’s suspension and the HG abuse case were read in view of passengers on a flight from Gatwick on 21st March 2013 by the Assistant Chief Minister Senator P.M. Bailhache, can the Minister confirm whether such confidential police documents were supplied to a politician acting, as we are told, simply as a lay member of the Church of England and not within his capacity as a States member and why?'

Comment

Is this question going to go away? No it won't no matter how much Senator Bailhache might bluster. He has threatened a personal statement. I say: bring it on. He has been caught bang-to-rights and trying to smear both me and, more importantly, members of the public as liars should result in the man who lectures people about the fundamental importance of 'truthfullness' and 'respecting' others biting the dust from the Council of Minister.

An important aspect to also keep in mind here. This also isn't really about how he came to have/be given the documents any more. It is about the fact he wasn't big enough to hold his hands up and tell the Assembly the true facts. 'Chief Minister' Gorst (who knows the men are both genuine and truthful) may have conveniently fled to China to avoid next week's States Sitting but nevertheless - I might just have a little surprise for both of the Senators come  the final sitting 16th July...

Written question for Attorney General

'Given that the court transcripts of a 2009 case, which resulted in James Donnelly being sentenced to 15 years in prison, revealed that a number of other individuals were also identified as abusers by both the individual eventually convicted and the victim, why was no prosecution pursued in this case?'

Comment

How ironic that, in a week that saw the Chief Minister and his favourite Assistant/Boss meeting with the Justice Select Committee at the Atlantic Hotel; this to assure them over a slap-up meal that all within Jersey 'justice' was absolutely perfect I am again contacted by members of the public with hard evidence that shows nothing could be further from the truth.

Believe me, this case - or the 'swept under the carpet' evidence that was never acted upon - has the potential to blow through the halls of Establishment 'justice' like a hurricane. This case also almost certainly has a link to why former Chief of Police Power had to be disappeared. For the record all of this has nothing whatsoever to do with the victim; and no mention of her will be made.

It is simply about how under the Jersey 'justice' system it is not what you do that will see you either a scapegoat rotting in jail for 15 years, or walking free - it is who you are. There are no excuses for abusers - yet this kind of 'justice' cannot be allowed to go on. At this point nothing more really needs to be said. I have the evidence. I will just wait and see what the Attorney General has to say...

Written question to Attorney General 

'Now that the 'Secret' Court process against former Senator Syvret has concluded; will H.M. Attorney General clarify what has been the total cost thus far, whether public funding was made available equally to all four individuals involved, were they also required to utilise their own funds and was Mr. Syvret given “equality of financial arms”?'

Comment

Ah! The case no-one was allowed to speak about on pain of death. or at least on pain of having your door kicked in and your laptop and underwear rifled. The discerning reader will note the word 'secret' highlighted in red within the question. this case was as secret as you could get outside of a US rendition flight. But the Bailiff made me take it away. Not that he told me he was doing so until it was lodged! There will be an oral question coming fairly soon on this subject.

Secret court hearings shouldn't be happening in a place like Jersey anyway. Period. I mean, its bad enough that the JEP and Broadlands are being allowed to try and gain financially from a court case that saw the former allowed a jurat on the case who was conflicted and as suspect in commitment to 'justice' and assessing 'evidence' as one could ever hope to be. Burying bothersome, outspoken politicians behind closed doors is positively 1930's Germany in both tone and sinisterness.

Look out for a 'but the case is not fully concluded so no comment can be made' excuse in response. To which I will simply re-submit the question again, and again. We simply cannot have despicable thugs being given our money to oppress people of whom they are actually the abusers. I repeat: its our money; thousands and thousands of pounds of it. We have a right to know how it was spent; to whom it was given and just why?

Keep the Faith.

Justice Select Committee in Jersey Part 2 will be posted on Friday.