That Speech

Following the recent death of a child abuse survivor, who was one of the first to alert Stuart Syvret to what had been going on on the Island of Jersey for decades, Stuart has done an initial posting/tribute.

In the course of this he has reproduced the full text of the speech that he had prepared in 2007 for his Father of the House Christmas speech in the Jersey Parliament (States).

Those who have been following the Jersey saga will know that, when he tried to deliver the speech in the States, he was persistently heckled by members and eventually had his microphone turned off by the Speaker (Bailiff).

He first published the text in 2008, and while I was aware of it, this is my first time actually reading it.

I am reproducing the text below as it is a speech that deserves to be widely read. It is thoughtful, considered, angry and well crafted.

It reminds me of Edmund Burke's speeches to the British Parliament on the question of government and consent in the matter of the American colonies. I studied one of those in college many years ago and it, and others in the series, have always remained with me as fine examples of oratory, not just in the expression but in the content.

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CHRISTMAS 2007

FATHER OF THE HOUSE SPEECH
TO THE STATES ASSEMBLY
BY
SENATOR STUART SYVRET
Sir, Your Excellency, fellow members – but especially the people we are here to represent,

As Father of the House, it is customary for the senior Senator to lead the seasonal exchange of greetings with which we end the year.

In these addresses, it is common to reflect upon the year past – and to contemplate the coming year. And it is the birth of Christ that we mark with these reflections and which we celebrate in this season of goodwill.

Christ taught many things in the course of His life. Amongst His teachings was the virtue of honesty.

For even though I am an ordinary, fallible person, with no particular religious convictions, still, I could not stand here and falsely claim that the past year has been an episode upon which we, as an assembly, could look back upon with satisfaction – or even self-respect. This has not been a year in which we have displayed wisdom, compassion or even basic common sense.

As is now public knowledge, we as a society – Jersey – this community – have begun the awful task of facing up to decades – at least – of disgraceful failure – and worse – towards children.

I will not refer to my personal experiences of 2007; perhaps I will speak of such things on another occasion.

Instead, I wish to speak of the children, the victims, the innocent – the many – who have been catastrophically failed by the edifice of public administration in Jersey – year in and year out. Decade after decade.

We like to imagine ourselves as being some kind of model community; a safe, well-governed and happy group of people. Whilst I cannot speak in detail of individual sufferings now; nor of the many betrayals – I can say this: that as far as I am aware the coming months and years are going to require the most painful reconsideration of our communal values, our competence – and our collective ethics.

Indeed, I am not aware of a more wretched and shocking example of communal failure in the entire 800 year history of Jersey as a self-governing jurisdiction.

How much worse could things be than the systemic decades-long betrayal of the innocents?

As we approach the birthday of Christ, we should reflect upon his words. When on an occasion, some little children were brought to Jesus, Jesus’ disciples became angry and rebuked those who had brought the children into Christ‘s presence. Scriptures then tell us, “But when Jesus saw it, he was much displeased, and said unto them “ Suffer the little children to come unto me, and forbid them not: for of such is the kingdom of God.”

Jesus is also recorded as saying, “And whoso shall receive one such little child in my name received me. But whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea”

I would hope that these simple words – that place children and their welfare at the heart of human values – could be accepted by any decent person – regardless of their particular religious thoughts or beliefs.

Greater minds than mine have said that we may gauge the quality of a society by how it treats its children. Having learnt what I have learnt in the course of this year I have to say that our smug self-satisfaction as a charitable and civilised community in fact conceals a festering canker. For though it would be bad enough for us to have amongst our midst’s the abusers that are to be found in all societies – the victims in Jersey have been doubly betrayed – betrayed with indifference, betrayed with contempt, betrayed with the naked and idle self-interest of an administration that should have been protecting these – the most vulnerable of the vulnerable.

Sir, some people seem to enjoy being politicians. This is not a view I ever understood. My 17 years as a States member have, to me, been a fairly consistent period of struggle; on some occasions so Kafkaesque, so dispiriting that many times I just wished to cast it all aside and seek a civilised occupation instead. But nothing – nothing – nothing in those 17 years even begins to approach the sheer existential bleakness of this year; of trying to contact, to listen to, to help so many people whose childhoods and lives were wrecked by abuse – often abuse at the hands of the States of Jersey and its employees – and doubly wrecked by the conspiracy of cover-ups engaged in by public administration.

A few brave people – front-line staff, victims, and whistle-blowers began to bring these failings to my attention. As my understanding developed, I took extremely high-powered specialist advice on child protection issues – and I think this assembly should acknowledge with gratitude the involvement of Chris Callender, Andrew Nielson and their leader, Frances Crook of the Howard League for Penal Reform. The support and guidance of the Howard League was a great source of strength to me and those whom I was working with in Jersey.

Likewise Professor June Thoburn, who agreed to bring her world-renowned expertise to the post of Chair of the Jersey Child Protection Committee.

In particular I believe we should acknowledge the bravery, integrity and unshakable commitment to child welfare exhibited by Simon Bellwood. He alone – amongst the entire panoply of the child “protection” apparatus in Jersey – said that the way we were treating children in custody was simply wrong. He alone took a stand against the appalling ill-treatment of children who needed care – not abuse. That he was sacked for his efforts really speaks volumes, and illustrates well the ethical void within the system we are responsible for.

Sir, I repeat, we must focus upon the victims – and the friends and families who suffered along with them.

For a period of many months, I investigated these issues – and the more I investigated – the greater became my alarm and anger at what I was learning from people throughout our society. Jersey being the kind of place where many people know other people, the chains of contacts which developed – the networks of victims and witnesses simply grew and grew. Sometimes new revelations occurred – almost by the hour.

As I met, and spoke with people of all ages – young teenagers to retired people – it became clear to me that what we were facing was something far worse than occasional, isolated instances of abuse. What Jersey had tolerated in its midst was a culture of disregard, abandonment and contempt for children – especially those children in need; the vulnerable; the defenceless. During these dark days, when I contemplated how people could treat children in these ways, I was often reminded of the words of Sartre, when he said “hell is other people”.

But, the strength and bravery of the many victims was a source of strength to me as I contemplated several years of bitter struggle against the Establishment, who were clearly going to use the predictable range of oppressions against me in an effort to keep the truth concealed.

So when the States of Jersey Police Force took me into their confidence and gave me a comprehensive briefing about the work they were doing – it was as though a great burden had been lifted from my shoulders. I had been steeling myself for years of struggle to expose the truth and to seek justice for the victims. The realisation that I was not going down this road alone was a tremendous release – to me – and to the victims. So I must pay tribute to the leadership of the Police Force. This time – finally – there is no hiding place.

During my work I have had conversations with people – teenagers, parents, young adults and older people. People from all parts of society and all backgrounds. Many of these people – victims and witnesses – naturally enough found speaking about their experiences extremely difficult; and many of them were, and are, reluctant to become identified. Likewise the many brave front-line staff who still contact me regularly – notwithstanding the blocking by management of e-mails sent to me by Health & Social Services staff from their work computers.

Such is the climate of fear that victims, witnesses and decent staff experience, that very many of the meetings I have taken part in – have had to be arranged in great secrecy. For example, one brave employee who gave me very important information, made initial contact with me via a text-message sent from her daughter’s mobile phone.

I went about the back-streets, the housing estates, the tenement blocks, the foul, overcrowded and exploitative “lodging houses” in which the poor in Jersey often dwell. And I listened to people opening up; often for the first time in their lives speaking of what they experienced – what they saw – and how they had been failed by everyone. For many of these people, I was the first person in authority they felt able to speak to about what happened to them.

I listened to things – things sometimes said through tears – that I hope never to have to hear again.

As time passed, I found myself moving from these dark rendezvous with witnesses – going amongst the soaked and blackened streets – experiencing encounters with victims – and clandestine meetings with brave whistle-blowing front-line staff.

In the early stages of this odyssey – this drizzle-soaked sodium-lit quest amongst the night roads and back alleys of St. Helier – in the unspoken underbelly of Jersey – I realised what I was seeking – and finding – were ghosts.

Shades and spectres – the vaporous trails of long-departed children – still haunting the outer shells of people I met. Sometimes you catch a glimpse of these ghost children – in eye – or word – or gesture – and you want to reach out to them – but these burnt and vanished phantoms disappear into the scars, the tattoos, the needle marks, the self-harm lacerations, the haunted faces and the wrecked lives.

Although many of the people I met are in their twenties, thirties, forties, fifties and sixties – I cannot but see them as children still. And many of these children have passed through the hands of the States of Jersey ‘system’ – I cannot bring myself to use the phrase “care”. Some of these children ended in custody for minor offences – and such was the cruelty, abuse, neglect and violence they suffered – many went on to become habitual criminals. When many of these people explained their criminal life-styles, they did so with humility, many candidly use the phrase ‘we were no angels’, and they have said they were not proud of the things they have done. But as a States member – I cannot look at these people – these victims – and not ask myself the awful question: “had these vulnerable, confused and angry children been treated with love and respect and care by the States, perhaps they would have avoided criminal life-styles; perhaps they would not be – in many cases – alcoholics, drug addicts – often broken and shattered beings, wrestling with mental health issues.”

Could I – could any of us – say with confidence that our failures have not contributed to, or led to, such tragic outcomes for so many people?

No, we cannot say that. We must, at the last, admit the awful truth that many of our regular inmates at La Moye Prison are there because of what we – the States of Jersey – did to them as vulnerable children – in the time in their lives when they most needed love, care, support & nurturing.

Amongst our victims have been many many children who had not misbehaved; children who had to be taken into “care” for their protection; or children who had to be taken into the States-run institutions because of the death of their parent. I have met with siblings who’s mother died of cancer when they were little children. I have met with several of the victims of this particular States-run institution. But when I met with the brother & sister – now adults – and listened to their experiences – all I could feel were two things: shame – that the States of Jersey allowed these things to be done to them – and anger that upon the tragedy of the death of these young children’s mother from cancer – we – the States – heaped violence, cruelty, battery and abuse upon these already bereaved children who needed our care, support & love.

Towards the end of my conversation with them – they embraced tearfully, and the brother repeated a vow that no one would ever harm his sister again.

That meeting took place in a room in this building. And I confess at that moment I seriously considered walking from the door and never setting foot in this place again.

Another, older, man I met explained his experiences of being a resident in Haute de la Garenne in the mid-nineteen sixties. Even for the “standards” of the day, the treatment of the children there was barbaric & cruel – at best; for worse things happened.

What really struck me about my meeting with this man was that he was not especially bothered at the treatment he received. I was touched and moved that his overriding concern was – and still is to this day – the fate of his best friend in that institution. He gave me the name, and some details, such as he could recall, from these days far ago in his childhood.

I was able to look into what happened to this boy who was in our care in Haute de la Garenne in the mid-sixties. Little information was available, but the Office of the Deputy Viscount was able to supply me with the following facts:

Michael Bernard O’CONNELL

• Aged 14 years
• Died on 7th or 8th October 1966, by hanging from a tree, off Rue des Haies in Trinity.
• Inquest held on 17th October 1966.

The memory of this young man is kept alive by his friends – children – people who had similar experiences and who – in the midst of their own struggles with their lives – keep the flame of their friend burning.

But let no one imagine that the things of which we speak are confined to the past; an age of dark and sick attitudes. No – today we have the very same problems.

Recently, I made the appointment and accompanied a young man to the police station so he could add his experiences to the present investigations. This young man had fallen foul of the law in some very minor ways as a young child – and thus he suffered the awful fate of falling into the maw of the so-called youth “justice” system of Jersey. Such was the counter-productive barbarity of the treatment meted out to him – and others like him – that his behaviour became more angry, bitter and lawless. At various stages he passed through Les Chenes and then Greenfields. This young man was, at one stage, held in near complete isolation for two months – passages of solitary confinement which went on for weeks. Having induced – unsurprisingly – a complete mental collapse in this child through this solitary confinement – the response of the institution to his needs was to send a “councillor” from CAMHS to speak with him – for half-an-hour – once-a-week.

As I listened to him recount his experiences over about 2 hours to the police officers who were conducting the initial interview, I kept looking at the vast cross-hatchings of self-harm scars which make his left arm look like a road map of New York, and I listened to him explain how he lay bleeding from these wounds alone in his cell and untended – as a child – I looked at him and I thought “we have done this to him”; “we have wrecked his life”.

It is striking just how many people who passed through the hands of the States of Jersey as innocent children emerged from the other side of that experience, bitter, angry, contemptuous and lawless. Former inmates – current inmates – and those about to become inmates – many many of them are our victims.

Society has a low regard for those who break the law, and that view is routinely echoed in this chamber. So it is not often a member asks us to reflect upon those who have crossed the law and to consider that amongst these people are many – far too many – children who were broken and betrayed in so many ways – especially by the States.

For amongst these people who find themselves imprisoned, these adults cast adrift – within them linger still the ghosts of the children they were – and the spectres of what they should have been.

So Sir – today – the expression of seasonal goodwill, the greeting, the recognition and the charity I stand to offer goes, from me at least, to all the victims of abuse, all those who have suffered – and all those whose childhood experiences have led them to become prisoners. Those who have languished in La Moye – or who are still there now – I want them to know that if their lives are wrecked, their actions driven by the nightmares of their childhoods – some of us understand. Some of us recognise them as victims – tragically and shamefully – often victims of the States of Jersey.

I wish to finish by quoting the final verse of a song by Mary Chapin Carpenter:

Somewhere in a dream like this
The light of love leads us home
Broken worlds will not be fixed
Vengeance take us as thy own
We’re just like beggars now
On our knees we hear our names
God forgives somehow
We have yet to learn the same.

Excerpt from Dead Man Walking by
Mary Chapin Carpenter

Senator Stuart Syvret
Christmas address to States of Jersey
2007

Shafting Jersey

What is the image above? That will become clear at the end of this post.


We'll start by setting the scene on the island of Jersey, one of the Channel Islands off the coast of France.

Despite its proximity to the French coast it is British, a British Crown Dependency. It is sort of independent and originally answered directly to the British Monarch who was responsible for its good governance. The monarch has since delegated this function to her UK Justice Minister.

The island has been marketed to English speaking tourists as a bit of France without the language problem, and so it is. If you dig down a bit you will find a French dialect, Jèrriais, which is still spoken by a few people none of whom are monoglots. When I lived there, those English speakers who were aware of its existence, referred to it as patois (a slightly condescending term meaning local dialect).

Idyllic scene in St. John parish

All in all, a romantic little spot.

Until you hit the dark side.

This is the story of a vulnerable lady abused by a churchwarden who had somehow managed to escape his leash. The case was not generally known until it surfaced when her cause was taken up by Jersey's only independent media, the bloggers. It has now become a cause célèbre which threatens not only the island's administration and its relationship with the UK, but also the position of the Jersey branch of the Church of England, which is a sort of established church of its own on the island.

The lady in question is mildly autistic but very articulate and self-aware. She had a very difficult family upbringing on the mainland and was at least twice abused, including by an officer of the Church of England. She came to this "idyllic" island and all was going well until she ran into the churchwarden, who, unknown to her, was supposed to be always chaperoned when in the company of women due to his previous abusive behaviour.

When she tried to complain about his abusing her, she was not listened to. After all, the man was a churchwarden and the brother of one of the most important figures on the island. So she made more and more of a fuss and the Church decided that she would be better off in police custody where she would be "looked after".

The Dean of Jersey

So, early one Sunday morning, acting on the basis of a complaint from the Dean of Jersey, the island's senior churchman, the police arrived at her accommodation and took her down to the station. She was eventually brought before a magistrate and remanded in custody, which was to last for two weeks, until they saw fit to bring her to court.

It appears the court effectively offered her a choice of returning to prison or leaving the island. In fact they seem to have contrived to get her lawyer to make the "voluntary deportation" suggestion in the first place.

Don't forget that her autism combined with her earlier experiences made it difficult for her to relate to people or to trust them, so the prospect of returning to the horrors of her prison confinement was just not on.

There is absolutely no reason why she should have been kept in the prison for two weeks other than to soften her up for the "deportation" deal. She had a job and accommodation and could have been bound over to keep the peace and remained on the island. It was claimed that her landlady would not have her back on the premises after her arrest, but, when subsequently contacted, the landlady said this would not have been a problem had she been told what was going on.

In any event, the lady was flown to Southampton on the mainland in the night attire she was in when arrested and, to all intents and purposes, simply abandoned there, forbidden to attempt to come back to the island for three years.

That was all three years ago and she has been living outdoors for most of the time ever since.

When the case broke a while ago, the island establishment launched into a disgusting spin campaign.

Oh, she was known to have made complaints about the church on the mainland before she ever came to Jersey. So a victim's complaining about abuse was somehow a reflection on them. An awkward troublemaker perhaps? Jaysus.

The poor woman was mentally ill. She had mild autism and suffered from post traumatic stress but that did not make her mentally ill. She might justifiably have been angry after what was done to her. She might have been a bit withdrawn due to her autism. But mentally ill she was not and she has the reports to prove it.

However, the island's establishment (church/state) was now in a panic after the failure of their first attempt to brush her under the carpet and they were now making a second attempt. And these guys are good at this.

You have to remember here that there is a huge child abuse problem rumbling away under the covers in Jersey. Decades of institutional abuse have been systematically covered up. One false move and the whole edifice could come tumbling down. And this was before all the Savile and related stuff broke.

Former minister now in prison

As I said, good at it. They had dismissed the Health Minister when he started poking around the delicate area of child abuse and refused to go along with the prevailing wisdom that everything in the garden was rosey. They sacked the Chief of Police when he wouldn't go along with getting involved in the sacking of the Health Minister. There were other reasons too for that but that's another story in itself. They systematically smeared the policeman who was in charge of the investigation into the abuses. The former Health Minister, turned blogger, is currently in prison for revealing abuses on his blog and two members of the island's parliament are in the course of being bankrupted in order to take them out of play. In the view of the oligarchy that runs the place, these people are "shafting Jersey". A rational outsider might think that the "shafting" was in the condoning and covering up of child abuse rather than in its revealing and attempting to hold those responsible to account.

As I said, these guys mean business, big business. The reputational damage which would result from full revelation of earlier abuses and the ongoing coverup could undermine Jersey's current status as a tax haven and a safe place to keep your money out of the hands of the relevant revenue authorities. Were it to become clear that there is no more respect for the law in Jersey than in some hicksville in the Wild West in days gone by, the island's financial standing and resulting income would be in some serious difficulty.

Deputy Chairman of Jersey Financial Services Commission

So all the stops are pulled out to keep the show on the road.

Even the Bishop of Winchester, in whose diocese Jersey sort of is, has had his knuckles rapped by the islands oligarchs.

When the lady's treatment at the hands of the authorities, and in particular the church in the person of the Dean, were revealed to a wider audience, the Bishop suspended the Dean, who had by then been severely criticised in a report commissioned by the Diocese. But the Bishop got his comeuppance when it was pointed out to him that the Dean held his office under letters patent from the Monarch, who is also head of the Church of England. And the Dean has an ex officio seat in the island's parliament. So really the Bishop could not sack or suspend or do anything else to him.

So the Dean was reinstated, after apologising for some understandable lapses, and the Bishop commissioned another report to look into how the young lady had been dealt with. A neat piece of footwork ensured that this was undertaken by a friend of the oligarchy and although it has not yet been published, the Bishop has said that there will be no question of any disciplinary action being taken against anyone. Then, to cap it all, someone has made a legal complaint against the publication of the as yet unseen report and the Bishop cannot publish it. The oligarchy has steam coming out its ears at the non publication of this carefully orchestrated report, which did not even interview the lady at the centre of it. And all hell is breaking loose.

Bishop of Winchester, in a delicate position

This is a personal, political, religious and constitutional mess which has implications right up to the Monarchy which in the past has steadfastly refused to face up to its responsibilities to ensure good governance on the island. As I have said elsewhere, there is no separation of powers and the legislature, government and judiciary are just one big maw. No checks and balances, everyone scratching everyone else's back and no one minded to shout stop, except those few who have subsequently been discredited, and a handful of bloggers who are chipping away at this awful edifice.

So, back to the picture at the top of the blog. This is the default avatar in Twitter and I have chosen it as a tribute to the lady in question and as an indication of her tenacity in fighting all comers even in the face of her own adversity. She has kept her dignity in the face of vicious verbal and physical onslaughts and a life mainly lived outdoors on the streets. She has been bounced, or fled, from one location to the next, but she is fighting back. She has a lot going for her. She is articulate and determined. She is beginning to blossom in the social media world of blogs and tweets. She is forgiving, which is more than I would be in her place, and she just wants to be left alone to hack out some sort of a life for herself.

But she has now become a pawn in a bigger game. The clash of the Titans, the crash of the tectonic plates between Jersey and the mainland. The mad scramble to keep the cover-up under wraps. The lowering of the portcullis and the pulling up of the drawbridge.

Mont Orgeuil Castle
View from Haut de la Garenne (1961)

However, this castle is built on sand and the sand is starting to shift.

Someday soon she will hopefully get the justice she deserves.

And as for serenity, well she's working on that herself.

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If you want some more background or want to stay in touch with developments in this area in Jersey, you won't get the stories in the island's mainstream media. The links below may be of some help.

I have done a backgrounder and an evocation of the Nazi occupation on this blog.

Below are some of the Jersey bloggers that I follow. If you read their blogposts, and the (generally informed) comments that go with them, you should be able to stay up to date with what's happening on the island in this contentious area.

Stuart Syvret  Neil McMurray  Rico Sorda  Trevor Pitman  Bob Hill

Stuart's blogposts and comments stop on 4 November 2013 when he was arrested and thrown in prison. However, he has posted some very important material over the last few years and you should find this both informative and entertaining. [Following Google taking down Stuart's blog, he is now blogging from a new site and I have amended the above link accordingly. Ed. 26/3/2014]

Neil's blog is very incisive and he has specialised in doing very high quality video interviews with various players in the Jersey tragedy.

Rico is an independent investigator who has gained the trust of honest people to the extent that they are now leaking him documents which he publishes, and comments on, on his blog.

Trevor is a member of the island's parliament, but, if the oligarchy manage to declare him bankrupt over the next while, he will be chucked out of the parliament and his blog's future may be in doubt.[Trevor is now out of the States (parliament) and has been declared bankrupt which means he cannot go up for election in October 2014. His blog is still there but not very active. Ed. 22/7/2014]

Bob is a former policeman and a former member of the island's parliament. His blog covers a wide span of issues but in recent times he has come to champion the cause of the lady in the above blogpost.

And, having spoken today to the Lady concerned, she has graciously allowed me to link to her Tweets and Blog Posts. Good on ya girl.

You might also like to listen to recent (27/11/2013) interviews by Peoples Voice TV with Lenny Harper (the policeman in charge of the abuse investigation), Trevor and Shona Pitman (who are being bankrupted by the oligarchy) and John Hemming the UK MP who has been supportive of those who have spoken out in Jersey and who has an Early Day Motion tabled in the UK House of Commons calling for a proper enquiry into governance in Jersey. Sound quality is not great and the interviewer is a bit over the top, but the content is well worth a listen.

And if you think all this is getting too much for you, you might like the distraction of a few relevant cartoons.

Jèrriworld

Philip Bailhache

This is the man who runs Jersey, Philip Bailhache, with a little help from a few others including the current Data Protection Commissioner, Emma Martins.

Emma Martins

The Channel Islands were the only part of the "British Isles" to be occupied by the Nazis and some would say that the occupation in Jersey never ended, as the island is still governed by a small feudal clique. Emma's father, John Nettles (Bergerac), has just written a book on the occupation, which I hope to get my hands on soon. Meanwhile you might like to check out my review of an earlier book which attempted an objective look at that period of the island's history (1940-1945).

In case you have already got sort of smitten with the lovely uniform you can order the whole kit here.

Back to more pressing matters, namely the small matter of the Resistance. Currently this is being conducted by a group of brave bloggers, who are not only seeking more democratic and open government, but are also attempting to blow the top off the forty year cover-up of horrendous child sexual abuse on the island. The bloggers are on their own, as the mainstream media on the island are as complicit in the cover-up as the governing authorities themselves.

Putting your head above the blogging parapet in Jersey is a bit reminiscent of WWI trench warfare. You stand a good chance of getting it blown off.

Notches on the authorities big guns so far include: (i) sacking the Health Minister, Stuart Syvret, when he got too curious about the deficiencies in the the island's child protection services and official inaction in the face of abuse victim's/survivors' complaints; (ii) sacking the Police Chief, who refused to become involved in various political conspiracies; (iii) smearing the Chief Investigating Officer in charge of the major abuse enquiry, and subsequently closing down the inquiry (though there is supposed to be another one being set up at the moment); (iv) official harassment and imprisonment of the sacked Health Minister, including with the cooperation of the Data Protection Commissioner; (v) while we're talking about the Commissioner, she is alleged to have been involved in instigating and coordinating a recent perverse data protection prosecution of Stuart Syvret, involving some undesirable types and a supergag order; (vi) attempting to bankrupt an awkward parliamentarian/blogger by insulting him and his parliamentarian wife and then ensuring he lost the ensuing libel case and ended up in financial difficulties.

The recent data protection case is of historically mammoth proportions, not only for Jersey itself, but for the UK as a whole. Data protection legislation is designed to protect a person's personal data from release by a "data controller" to whom it is given in the course of official business. It is not designed to protect data in the public domain nor does it have any place in providing redress for people who are libelled. Data, by definition, is true. Libel deals with accusations which are held to be false. The trick here seems to have been that had those people, against whom Stuart Syvret made accusations on his blog, taken a libel action, they would have had to finance it themselves. If it could be construed as a data protection issue (which is a load of cobblers) then the State could finance the prosecution. And this is what happened. My feeling is that the Jersey authorities are now in deep shit as a result of this little stragem of theirs.

Anyway, back to the occupation. I worked in Jersey over the Summer of 1961 and saw many remaining signs of the occupation. There was a military hospital which has now been turned into a museum, and there are a number of concrete watchtowers around the coast.

The people with whom I stayed, in St. John, had been evacuated just before the occupation, but clearly had returned to Jersey after the war. I had a feeling that there was a certain resentment against such people, even still at the time I was there.

Just incidentally, one person who refused evacuation was Mauyen Keane, and Irish nurse who had come to Jersey not long before the outbreak of WWII. She stayed on and, in the course of the occupation, fell in love with a German soldier/doctor. She followed him to Germany and married him. When Germany was defeated, she shared in the deprivations of the ordinary German people and eventually made it back to Ireland where she wrote a book about her experiences. She is the mother of the well known Irish poet, Gabriel Rosenstock, and the aunt of Dermot Keane, with whom I worked in the Irish Finance Ministry.

Equally incidentally, Emma Martin's father, John Nettles was filming the TV series Bergerac, located at the now controversial children's centre, Haut de la Garenne, while there were still children on the premises. I was brought up short by a photo in a recent Daily Mail article on Nettle's book, taken from the centre and showing the port of Gorey and Mont Orgueil Castle in the background.

Below is a night shot of the castle which I took during my stay in 1961,

The castle has been a museum since 1929. In the period following the French Revolution the castle was the headquarters of Philippe d'Auvergne who was in charge of a network of Royalists bent on invading France and restoring the Monarchy. One of these was French Major La Chaussée who had surveyed Killiney Bay, south of Dublin city, in 1797 as part of the British defensive operations against an expected Napoleonic invation of Dublin. The major's work was subsumed in the construction of the Martello Towers in the bay in 1804.

I mention the castle as, for me, it is a conflicted symbol. It was originally built to defend Jersey but is part of the view from Haut de la Garenne, which institution is a monument to the betrayal of trust of huge proportions.

The Bloggers' Resistance: Stuart Syvret, Neil McMurray, Rico Sorda, Trevor Pitman, Bob Hill, Sam Mézec, and many others.

Update 10 April 2016
There have been a number of developments on the blogging front since the above was posted.

Stuart Syvret's blog was shut down by Blogger/Google at the request of the Jersey authorities. After a bit of cyber-travelling his original blog has been restored and newer posts can be read here. Stuart claims not to have any direct control over the current blog and, other than being a source for his earlier blog, where he posted extensively on devlopments in Jersey, he only submits the odd post on the new blog. But he does comment from time to time on Neil's blog.

Trevor Pitman's blog, linked above, is no longer active. Trevor was bankrupted by the Jersey authorities, which meant he was no longer qualified to sit in the States (Jersey parliament) and, as far as I know, his is no longer living on the island.

Bob Hill has recently had a massive stroke and is no longer blogging, but his blog remains up. Both Bob, just before his stroke, and Trevor gave evidence to the current Jersey Abuse Inquiry.

So, of the above blogs, only Neil, Rico and Sam are currently blogging consistently.
Just for the record, both Neil and Rico have also given evidence to the Inquiry.

Jersey (CI)

This post is intended as a short backgrounder on the current situation regarding child abuse in Jersey (CI).

The Background

Behind its façade as a British holiday resort with a taste of France and without the hassle of the French language, Jersey is actually a very different place.

It is small (about 46 square miles / 120 km²). It is parochial, not only in the attitudinal sense of the word. Its administration is significantly based on the parish (of which there are 12 on the island). It is a Crown Dependency, which means it is not, strictly speaking, part of the UK or the EU. Technically the Queen is in charge, and is responsible for good governance on the island, but she normally delegates her authority to the UK Justice Minister. Jersey has its own Parliament, called the States.

Some years ago, individuals involved with the Jersey Sea Cadets were investigated in relation to child sex abuse. Despite suspicions of more serious crimes, there was only one arrest linked to child pornography. However, links to other institutions, including Haut de La Garenne, emerged in the course of the investigation and these were followed up leading to the wider abuse investigation.

That investigation was initially covert as the leading policeman did not want to alert the island's political authorities. Given their suspected complicity in what was going on, they might have been tempted to stymie the investigation. At a later stage the investigation had to go very forcibly public. This time to reassure survivors of abuse that it was serious in getting to the bottom of the problem come hell or high water, and that unlike in the past, the survivors would be taken seriously if they came forward with evidence.

The intense publicity for the investigation was also intended by the police to make it harder for the island's ruling elite to interfere with, or stop, the investigation. It was also intended to put pressure on them to follow up with appropriate action themselves, such as prosecutions, which they had previously been reluctant to do.

During the covert stage of the investigation, and not knowing it was in train, the then Health Minister was conducting some research of his own in response to approaches from survivors. This put him in a position that, when he was asked in the island's parliament if he was satisfied with the island's child protection régime (for which he was responsible), he had to admit that he wasn't. This admission set the cat among the pigeons and the ruling elite had him dismissed shortly afterwards.

Much to the dismay of the authorities, the police investigation then went seriously public and despite its public protestations to the contrary, the ruling elite did everything in its power close down that investigation. The Senior Investigating Officer (Lenny Harper) was shortly due to retire and that probably saved him from the fate of his boss the Police Chief (Graham Power) who was suspended (effectively dismissed) for doing his job without fear or favour. Every effort was then made to rubbish the investigation, shut it down, and slur the officers concerned. Combined with a policy of procrastination and petty harassment, this seemed to be succeeding, at least for the moment.

Now the revelations about Jimmy Savile have once more turned the spotlight on Jersey and it will be up to the people of the island, and the justice campaigners in particular, to ensure that this opportunity to rekindle the investigation is not missed.

The Cover-up

The original abuse scandal has been enormously complicated by the subsequent cover-up. Many of those in power in Jersey, even where not involved in the abuse itself, have become complicit in covering it up. And some of those still in positions of responsibility are themselves alleged to have been involved in the abuse. This has meant that anyone attempting to get to the bottom of it runs straightaway into a brick wall.

So it is not surprising that there has been a concerted effort by the power elite to suppress any real investigation, slur and harass the investigators, and try and avoid any adverse publicity outside Jersey.

The island is a serious "tax haven", used not only by "foreigners" but also by the UK itself. Reputational damage could have serious financial repercussions for the island and the UK. So it is not hard to understand why it is proving so difficult to get the UK authorities, who are effectively responsible for good governance in Jersey, to take action.

On top of this there are serious allegations of UK celebrities, politicians and other authority figures having availed of the pool of abusable children in Jersey. In a disgusting abuse of language these activities have been referred to as perks. It may turn your stomach but it does reflect an attitude that, to judge from the extent of the abuse, was prevalent in many quarters, in both Jersey and the UK.

The Empire strikes back

The Jersey Oligarchy has made every effort possible to suppress knowledge of the abuse and to thwart any attempt to bring the perpetrators to justice.

A small number of people have, by now, been successfully prosecuted, but these prosecutions were initiated during the earlier investigation where they were aggressively promoted by Graham Power and Lenny Harper. This stream has now dried up.

One of the first people, in recent times, to fall foul of the régime was the then Senator Stuart Syvret. The doyen of the States (Jersey Parliament) he was effectively the Health Minister and, as such, responsible for the child protection service. His refusal to sign a blank cheque endorsing the service led to his dismissal from the States and a subsequent campaign of harassment, including an illegal police raid on his house, which has not abated. He was jailed twice in circumstances where others would have been given a slap on the wrist or not even prosecuted in the first place.

He has purposely contested to the limit any court action taken against him with a view to drawing wider attention to the operation of the system of "justice" on the island, including the misuse of the data protection legislation.

He is currently working on a legal case against the authorities to take to Europe. This will have to have gone through the Jersey and UK systems first, and this is taking huge time and effort on his part. At one stage he "escaped" to London but is now back in Jersey, and, as far as I know, living on social welfare. Major elements in the case he is preparing are the lack of separation of powers in Jersey, the extreme conflicts of interest within the justice system and the sheer perversity with which the law is applied to opponents of the régime.

Then there was Lenny Harper, Senior Investigating Officer in the child abuse investigation. Lenny is something else. A Northern Irish Protestant married to a Roman Catholic, with a previous career in the RUC and the Met, he was originally recruited to clean up the island. Well, at least I think that's what he thought at the time. When he set about his job with objective enthusiasm, all hell broke loose. He conducted arms raids across the island, revealing large firearms stashes rising in seriousness right up to the level of a rocket launcher.

When he got to the abuse investigation he set to it with a will. Initially the investigation itself was not revealed even to the authorities, for the very good reason that many of them were implicated, or at least complicit in the cover-up. When it had gained enough momentum the investigation was revealed in the full glare of publicity. This had two main aims: first, to thwart any effort by the administration to wind it up or suppress it, and, equally important, to convince survivors that, this time, it was for real. They would be listened to and their complaints would be pursued no matter where they led. The strategy was a good one and Lenny gained the trust of all of those who were genuinely concerned to see justice done. Lenny retired before the investigation was fully completed and the authorities have persistently attempted to slur him ever since. Anyone who has read his published commentaries or seen him on video or read the exposés of what is going on, will have no difficulty in concluding that he was an exceptional police officer doing a magnificent job in the teeth of vicious and unrelenting opposition from the island's political elite

Lenny's boss, the Chief of Police, Graham Power, backed him all the way. Graham had also come from the "mainland", and again from reading his affidavits and commentaries, it is clear that he was an exemplary officer. Not exactly what the régime had in mind, however, and when he refused to become involved in the administration's attempt to sack the Health Minister, he was himself sacked (suspended) soon afterwards. Both he and Lenny were replaced by officers who immediately set about rubbishing the abuse enquiry.

One of them even resorted to leaking information, designed to undermine that enquiry, to a hostile mainland journalist. This is a crime without any public interest defence. I mention this because Stuart Syret has been prosecuted for leaking material for which there was a self-evident public interest defence which was refused by the local judicial system. This ended in Stuart going to prison while no action was taken in the case of the police officer.

Just so you get the atmosphere in which a lot of this was taking place, Frank Walker, then Chief Minister, accused Stuart Syvret, on a BBC Panorama programme, of "shafting Jersey" by his revelations. Clearly, avoiding reputational damage took precedence over any idea of justice or compassion. This seems to be a standard institutional response in such cases (vide the Vatican and the RCC hierarchy throughout the world).

Separation of Powers

Jersey probably has more in common with a feudal state than with a modern democratic one. Particular families have long wielded effective power. There is no formal separation of powers such as one might expect in a modern democratic state. The executive, parliament, judicial system, and public prosecutor are all part of the same amorphous mass. This makes for a highly politicised justice system, and it explains much of the tension between the police and the prosecution service during the tenure of Power and Harper, officers who were attuned to the UK system and who were taken aback at the extent of political interference in the judicial and policing areas in Jersey.

It is against this background that Stuart Syvret is attempting to involve Europe in the Jersey scene and that Power and Harper had to resort to stratagems to secure the prosecution of sex abuse offenders.

The Media

The media in Jersey is a sort of unfunny joke. The Jersey Evening Post, the island's only newpaper, is a creature of the establishment. Full stop. Surprisingly, so is BBC Jersey. The local station seems to have the same relationship with Auntie that Stormont had with Westminster in the bad old days: do what you like as long as you don't rock the mainland boat. Channel TV, part of the ITV network, seems no better.

The extent to which the Jersey authorities take for granted their right to control the mainstream media was thrown into sharp relief recently. They contrived to get the UK authorities to deny access to the UK (and Jersey) to a US financial journalist in good standing, Leah McGrath Goodman. She was beginning to turn her attention to the sex-abuse cover-up. This has seriously backfired as her disgraceful detention at Heathrow airport, and subsequent expulsion from the UK, has only drawn serious international attention to the strange goings-on on the island.

The Bloggers

The lack of proper media has led to the rise of the Jersey bloggers. They are now many but three in particular merit mention.

Ex-Senator Stuart Syvret, mentioned also above, has been blogging since 2008. His blog is a commentary on the current state of affairs in Jersey with particular reference to the sex-abuse cover-up. He occasionally has a go at other scandals as well. He is well informed and has the confidence of the survivors. He tilts outrageously at the establishment including at individuals, safe (so far) in the knowledge that he is right and that any effort to sue him would do more damage to the complainant than to him. One of his campaigns relates to a nurse who is alleged to have murdered a number of people in a Jersey hospital and who is now in the UK, apparently still operating as a nurse. It is thought that Stuart is currently subject to a supergag order in relation to this case.

Voice for Children has been blogging since 2007 and in recent times has had a serious impact with high quality video interviews with people in power in Jersey (those willing to participate) and others, such as Graham Power and Lenny Harper, currently outside the island. In a fascinating development, VFC has also succeeded in covering sessions of relevant parliamentary committees, such as Scrutiny (the equivalent of our powerful Public Accounts Committee). These videos have been first class and would be a credit to any professional TV station. But of course the Jersey mainstram media run a mile from this sort of stuff. VFC also developed a style in doorstepping which is very effective. The videos are all preceded by a short station identification animation, which equates Jersey with North Korea, and which has yet to fail to make me smile.

Rico Sorda has reluctantly become an investigative journalist and has broken a number of stories, involving leaked documents or the assiduous marshalling of known facts. He has also been doing some live video transmissions including taking text questions from viewers in real time.

The bloggers have the administration worried as hell. They are pounding away on the home front, being leaked material which leakers will not entrust to the compromised mainstream media, and they are building up an international following. They are really bringing home to the administration that "no man is an island", particularly in this internet age. They are engaged in a cooperative rather than a competitive exercise and are quite happy to refer readers to each other or to other local blogs, such as, for example, that of States member Trevor Pitman.

The Savile case

Up to very recently, there seemed to have been a prospect that, despite the efforts of the bloggers and the survivors, the whole thing might just go away. The administration introduced a compensation scheme which they hoped would put the survivors to bed, so to speak, and they have been dithering about a Commission of Inquiry, all the while attempting to dilute its terms of reference to keep it out of harm's way.

Now, hopefully, as a result of the Savile revelations, all this is changing. The UK and international media are once again taking a close look at Jersey. Savile was a frequent visitor to the island. His mother is said to have lived there. He is now beginning to be named in individual complaints and those in which he had been named previously are now being taken more seriously.

The aim now should be not just to document Savile's activities and bring some sort of closure to his victims, but to use this opportunity to root out those, still living and in positions of power, who are guilty of abuse or complicit in covering it up.

Personal

I'll end on a personal note.

I worked in Jersey during the Summer of 1961 and fell in love with the place - more with the north than with the south, but however. I took the night shot below of Gorey Castle (Mont Orgeuil as it is appropriately known). I was proud of the shot and produced it a few years ago in a comment on a Jersey blog. For me it symbolised a majestic and romantic vision of this beautiful island.

It wasn't long before another contributor to the blog revealed that for her the picture had no such benign connotations. She had been an inmate in Haut de la Garenne, a short distance away, and that was the sight that confronted the children as they made their way to get the bus into St. Helier.

A seriously conflicted symbol then.

A different kind of Jersey

Elections to the States (parliament) of Jersey, a British Crown Dependency are due on 19 October next and nomination meetings are currently under way. The election promises to be an interesting one and some of the candidates are already out of the traps, as illustrated by the above comments on yesterday's nomination meetings for Senator.

The above illustration is taken from the blog of Ex-Senator Stuart Syvret, who will be contesting the election. The Ex-Senator's history is too long to go into here. Suffice it to say that he was sacked as Health Minister for attempting to open the can of worms that is the cover up of child sex abuse in Jersey. He is now dragging the present administration through the courts en route to Strasbourg.


Previous post.



Update
Ex-Senator Syvret has now published the evidence which the court had declared inadmissable in the course of his "public interest" defence against the charge of having illegally and publicly named a male nurse who was suspected of being a serial killer and who may have murdered a number of the Ex-Senator's former constituents.

The States of Jersey claimed that the "public interest" disclosure provision in the legislation did not apply in this case because the enquiry (1999) into the behaviour of the nurse in question had been complete and matter was closed. Syvret's naming of the nurse was therefore an offence under the data protection legislation.

When Syvret then obtained disclosure of relevant documentation which showed that the enquiry had been anything but complete and appeared to have been prematurely wound up, the authorities declared the disclosed material and Syvret's expert's report thereon, inadmissable in evidence. The local Jersey court upheld this bizarre view.

The evidence clearly blew the authorities' case out of the water, which is why they could not afford to have it admitted in court. So why did they disclose it to Syvret in the first place. Simple, they handed it over without having read it. Then they panicked.

So Syvret had no choice but to abandon the corrupt local court system and head for London. He didn't have much success there, due to the close links between the UK and Jersey establishments and because the UK judicial and political system was frightened to death of opening up a can of Jersey worms which, inter alia, could ultimately have serious implications for a significant element of the UK financial sector. Not to mention the reluctance of Jack Straw, the responsible UK minister, to do his duty and take a stand for justice.

The Jersey administration then used Syvret's flight to London to smear him for having "abandoned his constituents". They have now accused him of being responsible for some £400,000 of Jersey taxpayers' money which THEY spent in what can only be described as a campaign of harassment and defamation.

The pace is clearly quickening in the run up to the forthcoming October election in Jersey.

You can read the disclosure evidence here.

Update
27/1/2012
You can see a very succint summary of the present position in this comment. It is also worth reading the post to which it applies. It follows revelations which blow a complete hole in the Establishment's supposed justification for the sacking (suspending) of the Chief of Police, the subsequent maligning of his retired Deputy, and the earlier sacking of the Health Minister - all in an effort to avoid and subsequently cover-up exposure of institutional child sex abuse.

Just to remind you also that Ex-Senator Syvret, the former Health Minister, has just emerged from serving a two month prison sentence which effectively arose out of his efforts to expose the ongoing cover-up, though technically imposed for other reasons.

Previous post.

La Reine de la Manche

"The Queen of the Channel", Jersey, Channel Islands, occupies a unique space. It is French but not French; it is British but not part of the UK; it is not in the EU but sort of of it; it is a tax haven sheltering under the relative respectability of a British Crown Dependency just off the coast of France.


In 1961, when I went there for summer work, it was a beautiful place, a sort of tourist paradise, advertised as a taste of France without the language problem. It was, and is still, more or less self-governing while formally the responsibility of the British Crown.



It is the only part of the "British Isles" to have been occupied by the Third Reich and the legacy of the occupation is still there to this day. Mind you, it did have some delusions of grandeur as illustrated by the limmo above, carrying the then current heads of state or government of the WWII allies: McMillan, JFK, de Gaulle and Kruschev.


The big tourist festival, akin to the St. Patrick's day parade for the Irish, was the "Battle of Flowers" where magnificent floats, completely covered in flowers, took part in a parade along the prom at St. Helier, the capital. When it was over the flowers were torn off the floats and pegged at one's opponents, whence the "battle".


All very idyllic, you might think. But revelations in recent times have shown this magic island in an entirely different light. Horrendous physical and sexual abuse of children, principally in institutions, has come to light. This was perpetrated by those in positions of power and has been systematically covered up by the Jersey administration for years.

When Senator Stuart Syvret, the Health Minister in the period 2005-2007, started poking the embers in response to complaints from victims, he was summarily sacked and has since been the object of villification and illegal harassment. The chief of police, who had come from the mainland, was also summarily sacked ("suspended") when he supported the efforts of his deputy to carry out the police enquiry into the abuse in a professional manner and free from political interference.

Ex-Senator Syvret is now working his way through the local courts en route to the Human Rights Court in Strasbourg. The, now retired, former Deputy Police Chief has provided him with an affidavit which is well worth reading in full. Stuart has reproduced it on his blog.

Says it all. Unfortunately.

Update: subsequent post.