‘Will parish service be worth the risk?’

Tuesday 14th April 2009, 2:29PM BST.

0676599ISLANDERS might now think twice before offering their services to the parish after it was confirmed that officials could be sued in an individual capacity while carrying out their duties, two constables have warned.

Barry Cash, junior constable for St Peter Port, and Chris Singer, senior constable for Torteval, responded with their concerns after the Petty Debts Court ruled that parish officials could be held personally liable for actions taken within their roles.

Castel junior constable Barry Paint (pictured) has been told to pay £200 for damage caused to Steve Ogier’s van when he supervised it being moved by a tractor in the car park next to Checkers Express, Cobo, in June. Deputy Paint had considered the vehicle, which was full of tyres and wood, to be a hazard following a threat from someone that they would set it on fire.

It is feared the landmark case could have far-reaching implications for the parishes.

‘I think it will make people think twice about putting themselves forward for parish roles, which would be such a shame because there are some very good people who do,’ said Mr Cash.

‘They are not positions that people rush to put themselves forward for, either.’

Mr Cash said officials needed to know what they could and could not do while performing their duties.


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  1. 1
    Jackie

    Poor Mr Paint. How dare the law come down on the side of someone’s property being damaged by a 3rd party.

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  2. 2
    Ted

    This is obviously a case where a ruling from the Royal Court is required.

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  3. 3
    MT

    Hopefully this will put things in perspective for some of the jobsworth officious constables in my parish.

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  4. 4
    TL

    I would like to know more about the details of this ruling. I assume that the court felt that it was not a reasonable exercise of the Constable’s powers in the circumstances, so that the Constable should be liable. It would not make sense for such a liability to arise when powers are being exercised properly.

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  5. 5
    Paul Le P

    I agree with both Ted and TL, some clarity is necessary in this case as it has such huge ramifications for the office of Constable.

    I also agree with TL that Constables should be personally liable if they abuse their position – why should they be able to hide behind the badge? The police have no such protection.

    However if powers are being exercised correctly then it would not make sense to impose personal liability. In fact, there should be no case to answer.

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  6. 6
    chris

    This ruling must also have an impact on the disgusting state of the car park near Checkers, Cobo. Nothing seems to happen – the abandoned cars are hugely dangerous – and what an eye sore right next to one of the islands best beaches.
    Perhaps “people power” should take over their removal?
    Barry Paint should not have to fork out this £200 for trying to help his Parishioners

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  7. 7
    Bryn

    Unlawfully damage someone else’s property, you pay. What’s to debate?

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  8. 8
    Wil

    Also agree with Ted and TL. Im also wondering why he didnt simply call the police if someone was making threats? but not knowing much about he case I cant speculate.

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  9. 9
    Melc

    It take it that this constable don’t have the right or the power to walk on to private land and start moving stuff that is privatly owned.

    So he must pay. The law is there for a reason.

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