The fate of Jersey's most senior politican remains unclear after he failed again to appear in the Island's Magistrates Court this morning.
Senator Stuart Syvret is in self-imposed exile in the UK because he claims he cannot get a fair trial in Jersey where he faces charges relating to breaches of the Data Protection Law and driving offences. The charges carry a maximum total fine of £5,500
Senator Syvret claims the court is biased and 'politicised' and is therefore stacked against him. He was due to appear this morning to put his case as to why he does not believe the court will give him a fair hearing, but failed to show. Instead he is in London preparing a case against the Justice Minister Jack Straw for failing to ensure a fair judicial system exists in Jersey.
The Senator was on bail of £100, which he has not paid, and this morning Magistrate Bridget Shaw was left with little alternative but to order his arrest. The Magistrate has no power to hear the case in the absence of the defendant.
It is up to the Law Officers Department now to decide whether to execute that order. They will have to get it approved by a UK judge before authorities there can enforce it. Senator Syvret claims he will not return to the Island until the judicial system changes. That leaves the situation in something of a stalemate unless local authorities decide to pursue the arrest order.
If Senator Syvret DOES return voluntarily to the island, he will immediately be taken into custody and brought before the court as soon as possible. In the meantime he remains a guest of UK Lib Dem MP John Hemming at his London flat.
Syvret arrest ordered
Tuesday, 10 November 2009
Thursday, 5 November 2009
Deputy claims abuse concerns ‘snubbed’
By Ben Quérée
AN emotional States Deputy has claimed that her concerns about child abuse within a family were ‘snubbed’ by Social Services three years before the father was jailed for abusing his daughters.
Deputy Jackie Hilton almost broke down as she gave a speech in favour of holding a committee of inquiry into the management of Health and Social Services and the protection of vulnerable children – a proposition that was lost by 30 votes to 20 in the States this morning, with one abstention. The Deputy said that she had come into contact with the family about four years ago and had raised concerns with social workers.
The report accompanying the call for the inquiry cites the same case, stating that the family had been referred to social services 19 times over 21 years over allegations of sexual abuse, domestic violence and neglect. But when the mother of the children died, they were left in the sole care of the father – despite a 2005 psychologist’s report saying that he represented a danger to children.
And Deputy Hilton added that even after the father was charged with abuse, there had been no serious case inquiry within Social Services about how things had gone so wrong. She is now formally applying for an internal inquiry to be carried out.
The proposition for a committee of inquiry was tabled by the Health, Social Security and Housing Scrutiny panel, led by Senator Alan Breckon. Ministers fought against it, saying that work to improve Social Services was already going on and that an inquiry would delay it.
Article posted on 5th November, 2009 - 2.59pm
Deputy claims abuse concerns ‘snubbed’
AN emotional States Deputy has claimed that her concerns about child abuse within a family were ‘snubbed’ by Social Services three years before the father was jailed for abusing his daughters.Deputy Jackie Hilton almost broke down as she gave a speech in favour of holding a committee of inquiry into the management of Health and Social Services and the protection of vulnerable children – a proposition that was lost by 30 votes to 20 in the States this morning, with one abstention. The Deputy said that she had come into contact with the family about four years ago and had raised concerns with social workers.
The report accompanying the call for the inquiry cites the same case, stating that the family had been referred to social services 19 times over 21 years over allegations of sexual abuse, domestic violence and neglect. But when the mother of the children died, they were left in the sole care of the father – despite a 2005 psychologist’s report saying that he represented a danger to children.
And Deputy Hilton added that even after the father was charged with abuse, there had been no serious case inquiry within Social Services about how things had gone so wrong. She is now formally applying for an internal inquiry to be carried out.
The proposition for a committee of inquiry was tabled by the Health, Social Security and Housing Scrutiny panel, led by Senator Alan Breckon. Ministers fought against it, saying that work to improve Social Services was already going on and that an inquiry would delay it.
Article posted on 5th November, 2009 - 2.59pm
Deputy claims abuse concerns ‘snubbed’
Monday, 2 November 2009
Bailhache sworn in amid protests
There have been protests while Jersey's new Deputy Bailiff was sworn in.
Jersey has a new Deputy Bailiff despite a protest in the island's Royal Square in St Helier.
William Bailhache, who had been the Attorney General for almost a decade, was sworn in to his new position at the Royal Court.
A group of up to 15 protesters stood outside, blowing whistles and holding placards saying "protest for justice".
One told BBC Jersey he was unhappy with the way the island's judicial system was being run.
'Review of roles'
Mr Bailhache will now act as deputy to the Bailiff - the chief judge and president of Jersey's States.
There is currently a review of the roles of the Bailiff and other crown officers in the island.
William Bailhache
There were protests as William Bailhache was sworn in
Prior to the swearing in ceremony, Mr Bailhache told BBC Jersey: "The position as it now stands will require me to spend some time in The States, as well as a fair amount of time in court."
He said: "I hope as Deputy Bailiff I will stand up for all the best things in this island - being welcoming, non discriminatory, being outward looking and certainly looking after the entire community.
"My father was a lawyer, my grandfather was a lawyer, and my son and daughter are both lawyers. It's difficult to criticise a family just because they produce a lot of lawyers."
Mr Bailhache's brother, Sir Philip Bailhache, recently stood down as Bailiff.
Bailhache sworn in amid protests
Jersey has a new Deputy Bailiff despite a protest in the island's Royal Square in St Helier.
William Bailhache, who had been the Attorney General for almost a decade, was sworn in to his new position at the Royal Court.
A group of up to 15 protesters stood outside, blowing whistles and holding placards saying "protest for justice".
One told BBC Jersey he was unhappy with the way the island's judicial system was being run.
'Review of roles'
Mr Bailhache will now act as deputy to the Bailiff - the chief judge and president of Jersey's States.
There is currently a review of the roles of the Bailiff and other crown officers in the island.
William Bailhache
There were protests as William Bailhache was sworn in
Prior to the swearing in ceremony, Mr Bailhache told BBC Jersey: "The position as it now stands will require me to spend some time in The States, as well as a fair amount of time in court."He said: "I hope as Deputy Bailiff I will stand up for all the best things in this island - being welcoming, non discriminatory, being outward looking and certainly looking after the entire community.
"My father was a lawyer, my grandfather was a lawyer, and my son and daughter are both lawyers. It's difficult to criticise a family just because they produce a lot of lawyers."
Mr Bailhache's brother, Sir Philip Bailhache, recently stood down as Bailiff.
Bailhache sworn in amid protests
Saturday, 31 October 2009
Child abuse inquiry: Fourth man in court
THE fourth man charged in the historical child abuse inquiry, Ronald George Thorne (71), admitted in the Royal Court yesterday committing acts of gross indecency with a boy.
Thorne, who was born in Jersey, admitted inciting the commission by a boy, who was then aged under 14, of an act of gross indecency with him, between December 1981 and March 1984.
He also pleaded guilty to procuring the commission by a boy then aged under 14 of an act of gross indecency with him in 1983. The charges are not connected to the former children’s home Haut de la Garenne.
Commissioner Sir Philip Bailhache, sitting with Jurats Clapham and Fisher, ordered that Thorne remain on conditional bail until sentencing by the Inferior Number on Friday 27 November.
Article posted on 31st October, 2009 - 2.59pm
Child abuse inquiry: Fourth man in court
Wednesday, 28 October 2009
Senator Syvret: "I'm not coming back"
Watch our report
Senator Syvret is in the UK and says he's not coming back until Jersey changes its legal system.
He's seeking legal asylum and says he wants reassurance that the arrest warrant issued on Friday in Jersey's Magistrate's Court won't be acted upon in the UK.
Jess Dunsdon spoke to Advocate Mark Renouf.
The former health minister is charged with driving without a licence, failing to notify the authorities of a change of address and two counts of breaking the Data Protection Law. He describes his court case as an act of political aggression, and says it's impossible for him to get a fair trial.Stuart Syvret speaking from London
If Senator Syvret succeeds, he says he plans on remaining in the UK indefinitely.
Senator Syvret is in the UK and says he's not coming back until Jersey changes its legal system.
He's seeking legal asylum and says he wants reassurance that the arrest warrant issued on Friday in Jersey's Magistrate's Court won't be acted upon in the UK.
Jess Dunsdon spoke to Advocate Mark Renouf.
The former health minister is charged with driving without a licence, failing to notify the authorities of a change of address and two counts of breaking the Data Protection Law. He describes his court case as an act of political aggression, and says it's impossible for him to get a fair trial.Stuart Syvret speaking from London
If Senator Syvret succeeds, he says he plans on remaining in the UK indefinitely.
Tuesday, 27 October 2009
Senator to resist any attempt to bring him back
By Ben Quérée
SENATOR Stuart Syvret says that he will fight any attempts to bring him back from London.
The Senator is currently in the UK and says that any attempt to get the Jersey warrant for his arrest executed will be resisted. The warrant was issued after he missed two court appearances last week.
Senator Syvret says that he plans to write to the Metropolitan Police Commissioner to lobby against the warrant being executed in the UK and that if it is, he will seek judicial review proceedings to get it turned aside in court.
Senator Syvret currently faces two charges of breaking the Data Protection Law, and charges of driving without a licence and failing to notify the authorities of a change of address.
He denies all the charges, but failed to attend two court hearings last week, prompting Assistant Magistrate Bridget Shaw to order his arrest with a £100 bail option.
Article posted on 27th October, 2009 - 2.56pm
Senator to resist any attempt to bring him back
SENATOR Stuart Syvret says that he will fight any attempts to bring him back from London.The Senator is currently in the UK and says that any attempt to get the Jersey warrant for his arrest executed will be resisted. The warrant was issued after he missed two court appearances last week.
Senator Syvret says that he plans to write to the Metropolitan Police Commissioner to lobby against the warrant being executed in the UK and that if it is, he will seek judicial review proceedings to get it turned aside in court.
Senator Syvret currently faces two charges of breaking the Data Protection Law, and charges of driving without a licence and failing to notify the authorities of a change of address.
He denies all the charges, but failed to attend two court hearings last week, prompting Assistant Magistrate Bridget Shaw to order his arrest with a £100 bail option.
Article posted on 27th October, 2009 - 2.56pm
Senator to resist any attempt to bring him back
Monday, 26 October 2009
Syvret claims asylum in UK
By Ben Quérée
Senator Syvret: ‘I am not going to be oppressed’
SENATOR Stuart Syvret is claiming ‘legal asylum’ at the House of Commons, saying that he has no chance of a fair trial in the Island.
In the latest twist in his prosecution, the Senator, whose arrest was ordered by the Magistrate’s Court on Friday after he failed to show up to a second court hearing in a week, is in London today.
He faces two Data Protection Law charges, as well as charges of driving without a licence and failing to notify the authorities of a change of address.
‘I am not going to be treated like an idiot by these people, and I am not going to be oppressed, and I am not going to take part in their charade of a Stalinistic show-trial running against me,’ said Senator Syvret.
‘I would happily come back to Jersey tomorrow if we did not have a manifestly corrupted, incompetent, ineffective and politicised judicial apparatus.’
Article posted on 26th October, 2009 - 3.00pm
Syvret claims asylum in UK
Senator Syvret: ‘I am not going to be oppressed’
SENATOR Stuart Syvret is claiming ‘legal asylum’ at the House of Commons, saying that he has no chance of a fair trial in the Island.In the latest twist in his prosecution, the Senator, whose arrest was ordered by the Magistrate’s Court on Friday after he failed to show up to a second court hearing in a week, is in London today.
He faces two Data Protection Law charges, as well as charges of driving without a licence and failing to notify the authorities of a change of address.
‘I am not going to be treated like an idiot by these people, and I am not going to be oppressed, and I am not going to take part in their charade of a Stalinistic show-trial running against me,’ said Senator Syvret.
‘I would happily come back to Jersey tomorrow if we did not have a manifestly corrupted, incompetent, ineffective and politicised judicial apparatus.’
Article posted on 26th October, 2009 - 3.00pm
Syvret claims asylum in UK
Jersey politician charged with leaking police report ‘to seek legal asylum’
A Jersey politician, Stuart Syvret, accused of leaking police report is to claim “legal asylum” at the House of Commons because he believes he will not get fair trial on the island.
By Andrew Hough
Published: 7:00AM GMT 26 Oct 2009
Stuart Syvret claims he would not get a fair trial on Jersey because the judiciary are "too politicised". Photo: EDDIE MULHOLLAND
Just days before he was due in court last week charged with breaching data protection laws, the former health and social services minister on the channel island, instead fled to London seeking asylum.
His failure to attend court has led to a warrant for his arrest being issued.
The senator, previously a “whistleblower” who had claimed island officials covered up child abuse at Jersey’s Haut de la Garenne children’s home, claimed he would not get a fair trial on the island because the judiciary were “too politicised”.
The politician, Jersey’s longest serving senator, will on Monday give himself up to police at parliament, to launch a rare process of claiming the right to a fair trial on the mainland.
As a Channel Island citizen, the senator has automatic right to live in Britain but Mr Syvret will ask the government for “protection from harassment” from the Jersey authorities.
In March, Mr Syvret published details on his blog of a police investigation into a registered nurse, which he said claimed showed the person was a public danger.
He was later arrested and later charged with breaching the Data Protection Act.
Last week, magistrates ordered Mr Syvret’s arrest, after he failed to show at court for a directions hearing which he said he was not obliged to attend.
He said he fled Jersey after prosecutors said he would probably be barred from mounting a public-interest defence in court.
“I am doing this because the criminal justice system in Jersey is utterly dysfunctional,” the senator said.
“It is at best imperfect and at worst, frankly corrupt and a deeply politicised system.”
Mr Syvret, 44, said his case was one of several on the island where people would unlikely receive a fair trial and “not get justice”.
They are calling on Justice Secretary Jack Straw to intervene in the case, amid claims the “prosecution system in Jersey has collapsed”.
They say the British Government should intervene because Jersey is a Crown dependency and Britain has a responsibility for its “good governance”.
Asked if he thought, he would get a fair trial, Mr Syvret, replied: “No way, not a prayer.
“The courts will still find me guilty, no matter what, because they are so politicised.”
He is currently staying with Liberal Democrat MP John Hemming, who is supporting Mr Syvret’s application for protection from the Jersey judiciary along with Labour MP Austin Mitchell and Lib Dem peer Lord Wallace of Saltaire.
Mr Hemming, the MP for Birmingham Yardley, said he fully supported the Jersey senator’s actions because he was a “brave and principled politician”.
“There is a serious problem with the executive of the Jersey government, using its influence on the judicial and prosecution process for its own purpose,” he said.
“It is a serious situation. The government should not be using their prosecution powers to silence opposition politicians.”
A spokeswoman for the Ministry of Justice declined to comment "while legal proceedings are ongoing".
She added: “The Ministry of Justice takes its constitutional responsibilities for the Crown Dependencies seriously and keeps up to date with issues on each island as they develop."
The Jersey Government also did not respond to repeated requests for a reaction while a spokesman for Jersey police was not available to comment.
Mr Syvret is due back in court next month.
“Unless I get arrested and taken back there I won’t be there,” Mr Syvret said.
Jersey politician charged with leaking police report ‘to seek legal asylum’
By Andrew Hough
Published: 7:00AM GMT 26 Oct 2009
Stuart Syvret claims he would not get a fair trial on Jersey because the judiciary are "too politicised". Photo: EDDIE MULHOLLANDJust days before he was due in court last week charged with breaching data protection laws, the former health and social services minister on the channel island, instead fled to London seeking asylum.
His failure to attend court has led to a warrant for his arrest being issued.
The senator, previously a “whistleblower” who had claimed island officials covered up child abuse at Jersey’s Haut de la Garenne children’s home, claimed he would not get a fair trial on the island because the judiciary were “too politicised”.
The politician, Jersey’s longest serving senator, will on Monday give himself up to police at parliament, to launch a rare process of claiming the right to a fair trial on the mainland.
As a Channel Island citizen, the senator has automatic right to live in Britain but Mr Syvret will ask the government for “protection from harassment” from the Jersey authorities.
In March, Mr Syvret published details on his blog of a police investigation into a registered nurse, which he said claimed showed the person was a public danger.
He was later arrested and later charged with breaching the Data Protection Act.
Last week, magistrates ordered Mr Syvret’s arrest, after he failed to show at court for a directions hearing which he said he was not obliged to attend.
He said he fled Jersey after prosecutors said he would probably be barred from mounting a public-interest defence in court.
“I am doing this because the criminal justice system in Jersey is utterly dysfunctional,” the senator said.
“It is at best imperfect and at worst, frankly corrupt and a deeply politicised system.”
Mr Syvret, 44, said his case was one of several on the island where people would unlikely receive a fair trial and “not get justice”.
They are calling on Justice Secretary Jack Straw to intervene in the case, amid claims the “prosecution system in Jersey has collapsed”.
They say the British Government should intervene because Jersey is a Crown dependency and Britain has a responsibility for its “good governance”.
Asked if he thought, he would get a fair trial, Mr Syvret, replied: “No way, not a prayer.
“The courts will still find me guilty, no matter what, because they are so politicised.”
He is currently staying with Liberal Democrat MP John Hemming, who is supporting Mr Syvret’s application for protection from the Jersey judiciary along with Labour MP Austin Mitchell and Lib Dem peer Lord Wallace of Saltaire.
Mr Hemming, the MP for Birmingham Yardley, said he fully supported the Jersey senator’s actions because he was a “brave and principled politician”.
“There is a serious problem with the executive of the Jersey government, using its influence on the judicial and prosecution process for its own purpose,” he said.
“It is a serious situation. The government should not be using their prosecution powers to silence opposition politicians.”
A spokeswoman for the Ministry of Justice declined to comment "while legal proceedings are ongoing".
She added: “The Ministry of Justice takes its constitutional responsibilities for the Crown Dependencies seriously and keeps up to date with issues on each island as they develop."
The Jersey Government also did not respond to repeated requests for a reaction while a spokesman for Jersey police was not available to comment.
Mr Syvret is due back in court next month.
“Unless I get arrested and taken back there I won’t be there,” Mr Syvret said.
Jersey politician charged with leaking police report ‘to seek legal asylum’
Jersey senator's arrest ordered
Senator Syvret is representing himself in his abuse of process proceedings
A Jersey senator's arrest has been ordered after he failed to appear in court for a second time this week.
Senator Stuart Syvret was due in the Magistrates' Court earlier as part of his abuse of justice process hearing.
He is charged with data protection and motoring offences but has since called for an abuse of process hearing over the way his arrest was handled.
He did not turn up for court on Wednesday and was told he would be arrested if he did not show on Friday.
Assistant Magistrate Bridget Shaw has made an order for Mr Syvret's arrest with a £100 bail option.
'Reasonable excuse'
His previous bail conditions were changed earlier in the week when he missed a directions hearing in his abuse of process case.
On Wednesday the prosecution said Mr Syvret had emailed the court saying he was in London getting legal advice when he should have been in court.
The assistant magistrate then asked him to attend on Friday, saying he could face arrest if he did not appear without a reasonable excuse.
The court heard on Friday afternoon that Mr Syvret had acknowledged receipt of the bail changes and the requirement for him to appear today.
Mr Syvret is representing himself in the proceedings.
The case has been adjourned until 9 November
Jersey senator's arrest ordered.
A Jersey senator's arrest has been ordered after he failed to appear in court for a second time this week.Senator Stuart Syvret was due in the Magistrates' Court earlier as part of his abuse of justice process hearing.
He is charged with data protection and motoring offences but has since called for an abuse of process hearing over the way his arrest was handled.
He did not turn up for court on Wednesday and was told he would be arrested if he did not show on Friday.
Assistant Magistrate Bridget Shaw has made an order for Mr Syvret's arrest with a £100 bail option.
'Reasonable excuse'
His previous bail conditions were changed earlier in the week when he missed a directions hearing in his abuse of process case.
On Wednesday the prosecution said Mr Syvret had emailed the court saying he was in London getting legal advice when he should have been in court.
The assistant magistrate then asked him to attend on Friday, saying he could face arrest if he did not appear without a reasonable excuse.
The court heard on Friday afternoon that Mr Syvret had acknowledged receipt of the bail changes and the requirement for him to appear today.
Mr Syvret is representing himself in the proceedings.
The case has been adjourned until 9 November
Jersey senator's arrest ordered.
Sunday, 25 October 2009
Birmingham MP John Hemming gives refuge to whistleblower
Oct 26 2009 by Edward Chadwick, Birmingham Post
A Birmingham MP has taken an on-the-run whistleblower into his home after he claimed asylum in the UK.
John Hemming says Stuart Syvret will be arrested “over his dead body” after the former Jersey health minister holed up at his London flat.
He is facing prison after leaking a police report into an aborted investigation surrounding the conduct of a male nurse on the island. Mr Syvret will ask the British Government for legal asylum and “protection from harassment” from the Jersey authorities.
He says he fears that he will not get a fair trial for the alleged data-protection offences after being told that he could be barred from mounting a defence based on public interest.
Magistrates have made an order for his arrest after he failed to turn up to two hearings.
Mr Hemming said: “He is staying at my London flat as my guest and they can arrest him over my dead body.
“He is a brave and principled politician, but the authorities are prosecuting him rather than investigating the allegations about the nurse. We should not allow him to be prosecuted in a kangaroo court.”
Mr Syvret, aged 44, published details of the investigation into the nurse, including claims that police had been obstructed from interviewing witnesses by the island’s attorney general. The nurse has previous convictions after having sex with a seriously ill patient and concerns had been raised by patients’ relatives and senior managers.
A police review of the case confirmed the nurse was “potentially a danger to women” and prone to “predatory and violent sexual behaviour”.
Mr Syvret intends to give himself up to police at the House of Commons today and claim the right to a fair trial in the UK.
Birmingham MP John Hemming gives refuge to whistleblower
A Birmingham MP has taken an on-the-run whistleblower into his home after he claimed asylum in the UK.
John Hemming says Stuart Syvret will be arrested “over his dead body” after the former Jersey health minister holed up at his London flat.
He is facing prison after leaking a police report into an aborted investigation surrounding the conduct of a male nurse on the island. Mr Syvret will ask the British Government for legal asylum and “protection from harassment” from the Jersey authorities.
He says he fears that he will not get a fair trial for the alleged data-protection offences after being told that he could be barred from mounting a defence based on public interest.
Magistrates have made an order for his arrest after he failed to turn up to two hearings.
Mr Hemming said: “He is staying at my London flat as my guest and they can arrest him over my dead body.
“He is a brave and principled politician, but the authorities are prosecuting him rather than investigating the allegations about the nurse. We should not allow him to be prosecuted in a kangaroo court.”
Mr Syvret, aged 44, published details of the investigation into the nurse, including claims that police had been obstructed from interviewing witnesses by the island’s attorney general. The nurse has previous convictions after having sex with a seriously ill patient and concerns had been raised by patients’ relatives and senior managers.
A police review of the case confirmed the nurse was “potentially a danger to women” and prone to “predatory and violent sexual behaviour”.
Mr Syvret intends to give himself up to police at the House of Commons today and claim the right to a fair trial in the UK.
Birmingham MP John Hemming gives refuge to whistleblower
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