ANYONE who felt that this newspaper’s assessment on Wednesday that the aftermath of Sark’s elections presented the island’s establishment in its true colours was unduly harsh needs only to refer the item on page six today to see that it probably did not go far enough.

The island’s pretence that an appeal against a ruling that the role of the Seneschal is not human rights compliant will not be pursued purely because of cost is so far wide of the mark that it cannot remain unchallenged.

The real reason that the UK Court of Appeal decision won’t be challenged is because the UK Government has accepted that it is correct and that the Seneschal acting as both chief judge and speaker of Chief Pleas is simply untenable.

That is a necessary division of roles that Guernsey accepted in the similar but not identical case of the Bailiff as far back as 2000 after McGonnell v. the UK was heard in Strasbourg.

The real surprise given the background is that Sark’s Reform Law was allowed to go ahead with a manifest deficiency and that it required an independent third-party in the form of Brecqhou to highlight – and substantiate – the absurdity of the situation. The outcome has implications here and in Jersey as well and the expectation is that the role of the Jersey Bailiff will be further clarified when the present incumbent retires next year.

It is also revealing that Sark’s misleading reaction to the Appeal Court judgement is to suggest that a ‘slight tweak’ is all that is needed to the Seneschal’s responsibilities to make the position rights compliant.

What is required is a complete separation of the judicial and political functions. Anything less will simply be taken back to the courts where legal minds – rather more open than some of those demonstrated on Sark – will consider whether a judge can be regarded as impartial if he or she also has political duties.

Everyone has sympathy for Sark as it emerges into the 21st century and there is much that can be criticised about Brecqhou’s approach in encouraging it on that journey.

Sarkees, however, need to ensure that a natural independent streak does not become pig-headedness.