A UK judge is expected to rule shortly on whether the judicial systems in the Channel Islands are suitably impartial.
Senator Stuart Syvret. (0541379)
Liberal Democrat MP John Hemming and Jersey senator Stuart Syvret have launched a High Court action against Lord Chancellor Jack Straw and Minister for Justice Michael Wills, seeking a judicial review forcing them to intervene in the Haut de la Garenne child abuse investigation in Jersey.
They want Mr Straw and Mr Wills to appoint independent prosecutors to deal with the inquiry because of fears that victims are not coming forward due to a lack of faith in the Jersey judiciary’s objectivity in the matter.
The case could have a huge impact on both islands’ legal systems because if a High Court judge ruled that Jersey’s judiciary could not be satisfactorily impartial with regards the abuse investigation, it would raise questions over its ability to be objective in all cases.
‘I think it applies to the whole of the Channel Islands and it’s very difficult to escape the conclusion that we cannot properly administer justice in this environment,’ Senator Syvret said.
There have been a number of reports of alleged abuse cover-ups since the investigation began earlier this year and Senator Syvret said any judiciary’s number-one priority was to appear objective, which Jersey and Guernsey could not.
‘You have to ask yourself: under the current system in the Channel Islands, can we meet the test of appearing objective, which is the rock-solid role of the judicial system? The answer is no,’ he said.
‘Can one look at the judiciaries of Jersey and Guernsey and credibly say that they would undertake such hearings and come to such conclusions that were catastrophically damaging to that island’s reputation?’
Senator Syvret said he wanted to see clear separation of power, with the judiciary and prosecutors answering to an external authority – such as the Lord Chief Justice.
‘The administration of justice in the islands does not even get close to meeting the test of appearing to be objective,’ he said.
‘That’s the beginning, middle and end of the argument.’
Senator Syvret and Mr Hemming lodged legal papers at the High Court this week and now have seven days to inform the defendants. Mr Straw and Mr Wills then have 21 days to respond by providing their own evidence, a spokesman for the High Court confirmed.
A High Court judge will then decide whether to grant permission for a judicial review.
If that is granted, one or two High Court judges will hear evidence from both sides before making a judgement.
The action had been put on hold earlier pending a meeting with Mr Wills but he refused to explain why the UK government was not intervening locally.
Article posted on 16th August, 2008 - 7.04am
7 Article Comments
The ‘chief justice’ in all western countries is the leader of a group that has a vested interest in the proliferation of crime, so, if you are looking for impartiality, I suggest you look elsewhere!
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The local situation where the Bailiff is the head of the Executive and the Legislature is simply wrong. Last time that was the case in the England King Charles lost his head!
There has to be a clear and proper separtation between the two functions.
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Syvret hates the Jersey Government so much that he doesn’t care what damage he does to the island as a whole. The alleged child abuse in Jersey is terrible, but the island is perfectly capable of investigating and prosecuting these sort of crimes on its own. Syvret is undermining the ability of both Channel Islands to act independently from the UK by suggesting they cannot look after their own affairs in this way.
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I find it deplorable that the UK digs into any old thing to try and influence the Island;
Big headlines about Russia, into Georgia, on a minor way UK has done this to Guernsey for over 800 years.
They can’t control their own countries, so why start on little Guernsey;
Bulying, my word some one should explain to them that True Guernsey people don’t want them slinging their thougts here their and everywhere. I think the UK should go back to their original status. and sieg over there.
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Get real the Haut de la Garenne affair is not about knocking the Channel Ilsands, it is about child cruelty and possibly murder.
The fact that the cruelty took place over so many years and that it was able to do so because so many complaints were ignored has already damaged the Islands reputation. Total openness is the only way to repair that damage.
There are many people in this world who have doubts or grudges (do not confuse the former with the latter)about the Channel Islands systems of govenment.
Any outcry that claims this is not about getting to the truth about the Haut de la Garenne affair but just picking on the “poor little Channel Islands will only make people think there is something to be hidden.
Whoever was responsible for what went on at Haut de la Garenne are evil people and all people outside the Islands are interested in is seeing them brought to justice. Perhaps if you dropped the chip off your shoulders you might just see that.
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I agree totally with all that Pete has written; Those responsible should be brought to justice; if Deceased. then it should be publicised.
There is not, and never will be any excuses for child molestation.
All Cases of such should be highlighted
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The Baliffs role as head of both Guernseys judiciary and Legislature has already been criticised in an EC Human Rights case some years ago – nothing has been done by the States to address the conflict.
The carry-on in Jersey surrounding the Haut de la Garenne scandal has really drawn the line in the sand between the old establishment and the liberal populace. Senator Frank Walker has looked increasingly out-of-touch and made himself look a bigot obstructing justice.
I’ve seen letters to the Jersey Press even questioning how the cronies have once again supported him being Chief Minister (an issue I’ve raised regards Trotts election here). People rightly question why isn’t the Chief Ministerial position a democratic election rather than the Jersey (and Guernsey) carve up by States members.
My last issue is how can a Judicial Review in the UK determine a course of action in the Channel Isles? Since when did our Judiciary answer to the UK?
I was under the impression that Guernsey itself cut the link between Gsy and the European Court of Human Rights at its last sitting something that concerned me mightily. Our last Court of Justice must be off-island for impartiality. wether that be the EC or UK I’m not that bothered just so long as the tiny world of the Bailiff and the tiny sphere of influence over here is broken – in the name of justice.
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