BAILHACHE-GATE 2 - WHAT WAS THE SENATOR SAYING ABOUT 'MALICIOUS', 'FICTITIOUS' LIARS & E-MAILS 'PURPORTING' TO BE FROM THE PUBLIC...

I reproduce below - with full permission - a letter e-mailed from a local resident and businessman to Chief Minister Ian Gorst. Should you not wish to read the explanation here but only the letter itself then simply go straight to the subheading entitled 'Letter' in blue several paragraphs below.

 

As the reader can see, given this gentleman's quite understandable anger and abject disgust at his - and my integrity - being scurrilously attacked by Senator Sir Philip Bailhache during the last States Question Time he has written to the Chief Minister to demand explanations. Having again contacted me my constituent also copied in PPC Chairman, Constable Simon Crowcroft at my advice. This being suggested as some kind of safeguard (hopefully) that the matter will not be simply swept under the carpet in time-honoured Establishment party fashion.

 

So I ask readers, does the information and detail contained suggest anything 'fictitious' or 'malicious'?

 

Indeed, as it has also been described as an e-mail 'purporting' to be from a member of the public; though I have been asked to keep the gentleman's identity anonymous thus far - this being simply due to his understandable fear of repercussions in the true 'Jersey Way' -the original e-mail has also been viewed by a small number of very close political colleagues who can verify its authenticity.

 

Please read it and make up your own mind. And then perhaps ask your self this: what exactly will Chief Minister Gorst now do about the behaviour of his Assistant Chief Minister? A politician, let us not forget, who whilst regularly lecturing other members about 'respect' (often whilst attacking them personally) is also currently the individual we have to trust to represent our interests in Jersey with the hugely important role of having 'responsibility for External Relations'.

 

And remember too, Chief Minister Gorst has not only already demonstrated himself to be only too happy to accept, without question, his Assistant Minister's claim that he was only reading the Korris Report - and thus feed this back to the States Assembly as being truthful fact. He has also since attempted to fob me off with the additional line that whatever the Senator has done he was apparently 'not acting as an Assistant Minister at the time': merely a States Member and a member of the Church of England!

 

So what will he now do? This should - and certainly would - in any professional jurisdiction be the end of Senator Bailhache's 'ministerial' career. After all, Chief Minister Gorst has,of course, recently also been revealed as one of only two complaints to PPC out of many thousands of States employees who I e-mailed simply requesting views about public sector pay and the serious failings within the 'justice' system.

 

Will he now be asking PPC to initiate serious sanctions against the man we all know is really his political master? Will he be sacking him or demanding the Senator's resignation? My bet? Of course he won't. The Chief Minister just simply does not have the Testicular Fortitude. As for PPC - they only really pursue complaints against political Leftists and progressives.

 

They call it 'the Jersey Way'. And this is what the people of Jersey will continue to to get so long as they allow themselves to be hoodwinked by people who believe you all exist simply to keep them in power.

 

Keep the Faith

 

Trevor

 

 

Letter: 21st May 2013 to Chief Minister Gorst...

________________________________
From: NAME REDACTED
Sent: 21 May 2013 14:25
To: Ian Gorst
Cc: Trevor Pitman; aascrowcroft
Subject: Private and Confidential


Dear Chief Minister,

I am writing to you in response to the recent public allegation from Sir Philip Bailhache that I am the creator of a fictitious and malicious email which I sent to Deputy Pitman on 22nd March 2013 so in basic terms ‘a liar’.

You will see below a copy of the original email which I sent to Deputy Trevor Pitman on the 22nd March following a flight that I had boarded on the 21st March.

At this point I would like to point out that I personally do not have a great interest in politics nor do I really have a great understanding of politics but my interest and understanding has certainly grown since the 21st March.

I find it quite unbelievable that Sir Philip Bailhache has publicly stated the information contained in the original email below is of a fictitious and malicious nature. I can 100% assure you that there is only one person in this situation who is fictitious and that is certainly not me.

I have no axe to grind with any of our current sitting states members and can see no reason why I would. That was until being publicly called a liar from an Assistant Chief Minister when they know the real truth, I really do not feel this is appropriate conduct for any states member.

 

The short details I have given in the email below are true of the event that occurred on the 21st March flight from Gatwick airport, I was also travelling with my business partner who is also quite astonished at the allegation that has been made towards me of being a liar to which he is happy to also confirm.

 

I think the question that needs to be asked is if it was fictitious and malicious where would I get this type of information from, ‘ letters from a Robb ****** (signed I will always Love you like a daughter, love Robb)’, maybe Chief Minister you should actually read this letter yourself ,if you have not already, just to confirm this was how it was signed off because I can assure you that neither Mr ****** nor the victim in this would have ever showed me this letter.

 

So whilst Sir Philip Bailhache still stands by his response that he was only reading the Diocese of Winchester independent review I would just like to confirm to you again ‘exactly’ the details of what I was able to see of what Sir Philip Bailhace had in his possession on that flight of the 21st March from Gatwick to Jersey: 

 

Police Witness Statements – Printed on States Of Jersey Police Letterhead. 

 

A4 pages of text messages sent from the victim

Printed and Handwritten briefs of emails sent – from memory the handwritten were on yellow A4 paper.

A letter from the accused addressed to the victim and signed off with ‘I will always love you like a daughter, love Robb’

  

You will note that in my list above you will not see ‘Diocese of Winchester independent review’ as I did not see this document. 

 

*The above emphasis in red by me.

 

Personally when originally giving this information to Deputy Pitman I was merely a concerned member of public that was appalled I was able to see such information being openly read by one of our States members on a plane and at the time I did not really understand the severity of this, now I understand that not only should he have not been openly reading this information on a plane but he really shouldn’t have had it in his possession in the first place, this is something however that I suppose is not for me to question being just a mere member of the public. 

 

The question however I do feel strongly I can ask: 

 

Why would an ‘upstanding, credible and honest’ States member deceive the rest of the States assembly in his answering of recent questions from Deputy Pitman regarding the data protection breach by fabricating his answers to protect himself and why would an ‘upstanding, credible and honest’ states member publicly accuse a mere member of the public as being fictitious and malicious when they know this is a complete lie themselves?? 

 

I guess the answer to that question is: that very States member is not so ‘upstanding, credible and honest’ 

 

I now find myself in the position that I regret deeply the way I cast some of my votes at the last election and I know for sure that I will not be making that mistake again. 

 

Since my first email to Deputy Pitman I have always requested he keep my identity private purely as I do not really want to get dragged down with the Jersey way and given the recent response’s from Sir Philip Bailhache I am actually quite concerned as to what else he could be capable of, so I respectfully ask the same of you and those cc'd on this email. 

 

If you would like to meet me in person just so you can be assured I am not just a fictitious email address then I will be happy to arrange this with yourself and Deputy Pitman in attendance. If you feel it necessary to meet I will also ask my business partner who was with me on that flight to also attend as he is also happy to confirm the validity of this information. 

 

Regards

NAME REDACTED

And a reminder of the original 'malicious' and 'fictitious' e-mail...
 

From: NAME REDACTED]

Sent: 22 March 2013 16:25

To: Trevor Pitman

Subject: Private Information



Hi Trevor

How are you, long time no see or speak! I trust your life in politics is going well!!??

I am writing to you just to welcome your thoughts on a specific matter that arose yesterday afternoon on a flight back from Gatwick.

On taking my seat on the place I noticed that seated in the aisle seat on the opposite aisle to me was Sir Philip Bailhache to which I certainly commend him being seated in an economy class seat!

What disturbed me greatly was on taking off he produced a large amount of documentation to read regarding the recent issues with the Dean of Jersey. Now not wanting to be nosey of course when you are open to read such information I spent 35 minutes glancing at the various Police Statements, pages of mobile phone text messages (which has now confirmed for me that the police can in fact trace logs of all text messages), letters to the Bishop and letters from a Robb ****** (signed I will always Love you like a daughter, love Robb) just for clarification that I have seen this information!!

 

Not only was I privy to this information but at one stage an Air Hostess was also glancing at such information while she was waiting for a new pot of tea to be brought to her, she smirked when she noticed I had been watching her read! At one point he was actually holding parts of the documentation up in full view to the person sat next to him while he reviewed paperwork from his knee!

Obviously certain facts and names are kept strictly confidential from these types of cases but now I for one can name the woman in question and others that have involvement because of this lack of discretion of information being reviewed in a public place.

Correct me if I am wrong but I do strongly think that this is extremely inappropriate? I wasn’t sure how was best to convey this information over so as I know you personally I thought you would be a good point of contact or should I write a letter to the JEP?

I welcome your response.



Regards

NAME REDACTED.


End note...

As a former Senator used to say in the States: 'You couldn't make this stuff up!' Unlike the Establishment who seem wholly unable to tell the truth - even whilst casting aspersions that others who question them are liars.
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'THE JERSEY WAY' - THE MANTRA OF THOSE INCAPABLE OF ADMITTING WHEN THEY ARE WRONG..

'The Jersey Way'. What is it? I mean... according to the local Establishment it doesn't even exist. Just, co-incidentally, as the Jersey 'Establishment' itself also does not exist...

The reasons for this denial are many fold. Yet perhaps the most telling is the simple fact that if one doggedly denies somethings very existence then it becomes all the more difficult to make any criticism stick. After all how do you begin to engage with or challenge someone when they refuse point-blank to even acknowledge there is an issue to explore?

But for this article rather than focus on the actual people and workings of the local Establishment generally let's just spend a little time considering one intrinsic block within the rotten edifice of how this 'Jersey Way' tends to manifest: the 'Jersey Way' mindset. 

For at the bottom line this is at the heart of everything that is a barrier to finally developing a full and transparent democracy in our island: a democracy where 'equality' and 'justice' does not depend on the depth of your pocket or usefulness to those desperate to hang on to their 'right' of holding power. 

The Dean...

As a beginning let's just consider the current saga of the Dean of Jersey. The fact is that this sorry episode need not ever have happened at all. Indeed, even with what HAS happened we could already be a whole lot further along the road to setting things right.

Most important of all, of course, this would mean locating the poor, badly let down young woman - the victim - at the heart of all of this. Locating her to apologise for what has happened to her; ensuring that she is safe, OK and has the painful barb of being criminalised and driven out of our island so unjustly removed.

Lastly, by then demonstrating to her that all of those involved in her betrayal really are going to learn from what went wrong; learn and where appropriate be held accountable.

We are your betters and our reputation must not be tarnished...

Yet this is where 'the Jersey Way' comes in. Those who adhere to its mantra just cannot ever accept that they are ever wholly in the wrong; even less so that any amongst the proles should be able to hold them to account. To suggest that this pathetic and highly damaging outlook is tied up entirely with the issue of so-called 'class' would risk over simplifying it. It is likewise not even simply about wealth.

That these are regularly both huge contributory factors are, of course, beyond argument. Yet in my opinion analysis suggests that most significant of all in developing this sociological 'illness' in the modern world is the holding of power simply by means of position; and the compounding factor of there being no adequate or easily accessible means  for lesser mortals to hold such people to account.

The Dean - who I have absolutely nothing whatsoever against - is clearly in the wrong. He has, to use the words of one of my constituents, 'screwed up'. let's face it: we all do at times in our life. You might then think that as a 'man of God' he would be all for sticking his hand up, saying sorry and taking the flak.

Maybe to be fair after the past week or two he now genuinely wants to do this? Yet still in kicks 'the Jersey Way' and so all of those other carriers of the  virus in the island have to puff our their chests; dust off their best tweeds, shiny shoes and (probably seldom read) bibles and shout indignantly from the rooftops that the Dean is actually the victim here.

It stinks. It is repulsive. It shouldn't happen. Yet until Jersey finally joins the 21st Century and recognises that accountability must apply to all; and is actually the best way of building and protecting international reputation there is it will continue to happen. And if we have to have this forced upon us from outside because there aren't enough people in Jersey with the Testicular Fortitude to bring this about themselves then so be it.

Examples of 'the Jersey Way' are everywhere...

The Dean is just the latest example. But just look around you and if only you are prepared to look past the spin there are other instances everywhere. Just consider the long and cruel battle to finally batter down resistance to securing a fully independent Committee of Inquiry into the abuse at Haut de la Garenne and other institutions. The Jersey Way - arrogant and complicit people fighting indignantly and viciously not to run the risk of accountability. As to the true victims - some with decades of suffering on their shoulders already - sod them! 'The Jersey Way' doesn't want to know and doesn't care.

Secret courts...

Look at the secret courts being conducted under our very noses - conducted under the threatening spectre of 'super-injunctions' with fines or even imprisonment dare anyone speak out about it - to silence a former 'anti-establishment' politician, Stuart Syvret,  on the Internet. Silenced when push comes to shove primarily because what he was saying was damaging to the Establishment's perception of Jersey's 'image'. 

Yet hang on a minute...isn't it a fact that one of the people being afforded taxpayers money - your and my money and thousands of pounds of it - to silence the former Senator for his Internet writings is actually the island's biggest and most cowardly cyber-thug? A convicted criminal. Someone quite happy to threaten that innocent people will be murdered!

Ah, what champions of righteousness our Establishment are! No double-standards here then, eh Attorney General? Its the crime isn't it - not who did it...

Never mind the pain my failures have caused - I'M important...

Want something a bit less current? Just cast your mind back to a wholly merited vote of no confidence brought by Deputy Shona Pitman against our former Attorney General and Bailiff - now 'poll-topping' Senator Sir Philip Bailhache. Political speeches wholly outside his mandate; the illegal banning from the States of a politician; a truly sickening abuse of his Liberation day speech to belittle the abuse of children in States institutions against some less than fully considered global journalism.

Worst of all, perhaps, his appalling failure when Attorney General in allowing the convicted paedophile, Roger Holland, to be sworn back in to the ranks of the Honorary Police. The direct consequence being more innocent young girls needlessly abused.

Make to mistake about it. Let not history be re-written: for this last failing Sir Philip Bailhache should have been sacked. He should have preempted that in fact and resigned. Yet whilst an Attorney General just a few miles across the water in the Isle of Man has recently been suspended here 'the Jersey Way' ensured that ours was not.

As for the vote of no confidence vote...just 3 brave votes amidst much cowardly and irrelevant waffling about the 'great tradition' of the role of Bailiff. 'The Jersey Way' in action once again.

Shouldn't a Bailiff be capable of acknowledging when he is wrong...

You see the examples of 'the Jersey Way' truly are endless. Yet to conclude this particular article let's jump right back up to the present again. Anyone doubting that 'the Jersey Way' is very much alive and kicking in 2013 really need look no further than the defamation case brought against the Jersey Evening Post and the estate agents Broadlands by Deputy Shona Pitman and I last year.

Judges and Jurats are REQUIRED to recuse themselves if they have any relationships - conflicts of interest - with either a plaintiff or defendant. This isn't a matter of choice or individual discretion to be adhered to or disregarded as individuals see fit. This MUST happen. Human Rights Article 6 enshrines this. The responsibility for ensuring this happens, however, is down to two people. The Jurat and the Bailiff via his Office.

The fact is there can be no excuse whatsoever for Jurat John Le Breton who happily sat on our case. He knew full well that he is an evidenced friend of a director of one of the defendants. He knew that he and this defendant company director even went to dinner at each others homes.

Indeed, as I have pointed out before: even without the deeply concerned people who came forward to advise us of this after the case; even without the dozen prominent Islanders, politicians past and present who wrote to complain of this to the UK Justice Minister Le Breton has been caught in his failings bang-to-rights. There should be some kind of serious sanction available. We should be able to prosecute him.

Yet putting this sickening and in my eyes wholly contemptible individual aside all of this wouldn't matter quite so much if our Bailiff, Sir Michael Birt would only be big enough to put his hands up and acknowledge that he and the Office he oversees got it horribly wrong in not ensuring all was as it should be - for any litigant.

The decision in our case simply cannot stand: it cannot be viewed as safe or just by any stretch of the imagination. Indeed, you really would have to question why any defendant such as a newspaper would still be quite happy to try and benefit from such a evidenced blatant abuse of justice...

Let us just remind ourselves of the cast iron reality of this with the words of the late and legendary Lord Denning:

Conflict of Interest

"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..."

The fact is our Bailiff failed in his duty. He failed us. he failed justice. If he would only do the right thing and simply apologise for this and set in motion the action to correct this injustice it might yet be possible to see this as a ghastly, if certainly very painful, stressful mistake. But he has not. And so once again we see the 'the Jersey Way' in all of its sickening contempt for right, justice and democracy. 

The message once again...we are the Establishment. We are too big; too important - actually too damned cowardly if truth be told of course - to hold up our hands; admit we made a mistake and accept accountability. Even worse I suppose the further possibility must arise that perhaps he may have been quite happy to collude with Le Breton's breaching of Human Rights Article 6? You really would have to hope not. But what else can one conclude?

No matter how long it takes Justice must win out over 'the Jersey Way'...

And so sickening as that thought certainly is this is also the  essence of why those of us who do believe in justice over 'the Jersey Way' will keep on fighting. In a democracy justice simply must be for all. Those currently haranguing the Church of England for at last putting its house in order in a place that on this occassion just happens to be Jersey; and doing so at the risk of seeing the real female victim of of the Dean saga abandoned and forgotten all over again really ought to wake up and smell the coffee... 

Keep the Faith - Justice will win in the end.