A NUMBER of readers have contacted this newspaper following last week’s Comment item suggesting that Jersey should announce an independent inquiry into what has now become a most unsatisfactory investigation into allegations of child abuse at Haut de la Garenne.
They wanted to make substantially the same point: how could things have gone so badly wrong?
There is a subtext to the questions, too.
If Jersey’s system - a virtual mirror-image of our own - can falter over something so serious and so important to the victims, what does it say about the integrity of justice here?
The first point to make is that there is no evidence locally to suggest that police inquiries are hampered by the prosecution service, although HM Procureur has - and will no doubt continue to do so - declined to prosecute on the grounds of insufficient evidence or where it is deemed not to be in the public interest.
The second is that the island’s police force is independent and chief officers have over the years robustly asserted that independence.
That said, the latest leaked police memo in Jersey vividly illustrates that opinions differ over what constitutes ’sufficient’ evidence or the public interest and one man’s view, that of the Procureur here or the Attorney-General in Jersey, is final.
And even if wrong, it is not open to scrutiny or question. That means islanders rely on the integrity of the post holders when it comes to the impartiality of the prosecution service and even if that impartiality, as in Jersey, is called into question, the Crown Officers are under no obligation to respond. They remain a law unto themselves.
The current situation in Jersey is intolerable. Prosecution and police have no confidence in each other and, while the chief officer there could try to play down that impossible rift, all the service did yesterday was to confirm that the so-damaging memo was genuine. That speaks volumes. The wonder is that the States of Jersey are so relaxed about the situation - unless they, too, have no confidence in their police service.
Protecting the integrity of justice
A NUMBER of readers have contacted this newspaper following last week’s Comment item suggesting that Jersey should announce an independent inquiry into what has now become a most unsatisfactory investigation into allegations of child abuse at Haut de la Garenne.
They wanted to make substantially the same point: how could things have gone so badly wrong?
There is a subtext to the questions, too.
If Jersey’s system - a virtual mirror-image of our own - can falter over something so serious and so important to the victims, what does it say about the integrity of justice here?
The first point to make is that there is no evidence locally to suggest that police inquiries are hampered by the prosecution service, although HM Procureur has - and will no doubt continue to do so - declined to prosecute on the grounds of insufficient evidence or where it is deemed not to be in the public interest.
The second is that the island’s police force is independent and chief officers have over the years robustly asserted that independence.
That said, the latest leaked police memo in Jersey vividly illustrates that opinions differ over what constitutes ’sufficient’ evidence or the public interest and one man’s view, that of the Procureur here or the Attorney-General in Jersey, is final.
And even if wrong, it is not open to scrutiny or question. That means islanders rely on the integrity of the post holders when it comes to the impartiality of the prosecution service and even if that impartiality, as in Jersey, is called into question, the Crown Officers are under no obligation to respond. They remain a law unto themselves.
The current situation in Jersey is intolerable. Prosecution and police have no confidence in each other and, while the chief officer there could try to play down that impossible rift, all the service did yesterday was to confirm that the so-damaging memo was genuine. That speaks volumes. The wonder is that the States of Jersey are so relaxed about the situation - unless they, too, have no confidence in their police service.
Article posted on 1st September, 2008 - 2.30pm