WE ARE happy to run the comments from Jersey’s chief minister and regret that the sense and urgency of the inquiry we were calling for – in the light of Justice for Families’ legal moves to force UK intervention in the abuse investigation – was not sufficiently clear, writes Richard Digard (pictured).

The concerns about the impartiality and progress of the Haut de la Garenne inquiry need addressing now – not at the end of the process, whenever that may be.

The inquiry announced by the chief minister will be at some unspecified time in the future, possibly not until 2010, and the States of Jersey does not know what its terms of reference will be.

What has been agreed in principle by the States of Jersey, however, is not aimed at the tensions between police and prosecution, but at the running of care homes generally.

Our editorials made it quite clear that the critical remarks about the trust and confidence between police and prosecution hinged on the accuracy and content of a memo sent to Jersey’s Attorney General by Jersey’s chief officer of police.

That document has not been challenged and, indeed, Jersey police have said it appears genuine and are investigating its leaking.

The note, available at http://stuartsyvret.blogspot.com and entitled ‘the secret report from Lenny Harper’, was written by the senior investigating officer for his chief to pass on and islanders will conclude that what was sent to the Attorney General thus accurately reflected the views of Jersey’s two senior police officers.

Yes, police have confirmed that they and prosecution lawyers have a good working relationship.

But that came only after the damaging memo had been leaked and after Mr Harper’s retirement last month.

Perhaps more revealing, when the rift between police and prosecution became evident in an earlier memo leaked to The Times, Jersey Police responded by releasing a statement that said:

‘The States of Jersey Police would emphasise that they have total confidence in the professionalism, independence and integrity of the current police investigation.’

What provoked the subsequent memo that we highlighted was the blocking of a prosecution that officers considered an open-and-shut case against a couple who had allegedly disciplined children with a baseball bat.

In Jersey, charges have to be brought by the honorary police, who come under the umbrella of the Attorney General. According to the memo, the centenier involved took the file of evidence to consider. As the memo states: ‘He did so for well over an hour and then declared that, although there was [our emphasis] enough evidence to charge, he was not going to.’

If, as Jersey’s chief minister suggests, an apology is required, perhaps it should, to paraphrase Mr Harper, be extended to the 160 individuals who came forward to assist the historic abuse investigation, many of whom are now wondering why they bothered to relive the horror and trauma in their past.

Senator Walker’s letter

Lenny Harper’s response

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