Guernsey Watch: Across the Pond

The Guernsey Press is rather more critical than the Jersey Evening Post regarding the situation with the Jersey law courts. It is interesting that they have contacted the "current officer" in charge now that Lenny Harper has retired, and the news is the same - the judiciary are dragging their feet. Surprisingly, it actually comes out with a call for an independent enquiry! What the Guernsey leader writer is clearly worried about is any fall-out from Haut de La Garenne hitting Guernsey in what might be termed "guilt by association" - the feeling that this is the kind of thing which occurs - or could occur - in any of the Channel Islands. The argument is not that justice will hampered by the establishment - against which Mr William Bailhache has devoted considerable column inches in the JEP - but simply the perception that it may not be, and the consequent loss of public confidence. It is to restore confidence that an independent enquiry is called for.

http://www.thisisguernsey.com/2008/08/15/jersey-needs-to-put-the-record-right/

THE TIMES used its second most prominent news page yesterday to carry further police criticism of the difficulties being experienced in getting suspects in the Haut de la Garenne child abuse inquiry charged and before Jersey's courts. It was a dramatic account and relied on what was described as a furious memorandum from the officer leading the investigation that is apparently part of the evidence in support of a High Court application seeking UK involvement in the matter. The development is a disturbing twist in what in many ways is proving to be a most unsatisfactory inquiry. At a domestic level, criticism of any one island is inevitably regarded externally as relating to 'the Channel Islands'... Increasingly the islands are becoming synonymous with child abuse, secrecy and cover-up and it is a taint that Guernsey can well do without.

Coincidentally, this newspaper contacted Jersey Police in the week over earlier national reports about the abuse investigations being hampered. A spokesman - not the outspoken Lenny Harper who was leading the case until his retirement - was quite open. The police view is that what was described as 'the top end of the judicial system' is slowing matters down by sitting on crucial files and refusing to allow charges to be brought. These are exceptionally damaging claims. For an independent police force to be openly critical of a supposedly independent prosecution service, trust and confidence must have broken down to a significant degree. Citizens have to be able to believe that wrong-doers will be brought to book without fear or favour and the hostility between investigators and prosecutors will shake that trust in the justice system to the core. If something as serious as alleged child abuse and even homicide that has been painstakingly uncovered in the full public gaze could be hampered by the establishment, the thinking will run, what else has been covered up in the past? Such suspicions - whether valid or not - exist here, especially among victims of child abuse. Perhaps an independent inquiry into the whole Jersey investigation is the only way of demonstrating that the islands can do these things properly.

However, a Guernsey lawyer feels that there is a good case against any intervention. Typically of a lawyer, he speaks of English courts having no jurisdiction over those in the Channel Islands, rather than the English government - e.g. the Privy Council - which as I noted declared the Jersey laws (against the Methodists) to be null and void a little over two hundred years ago. This was not an interference in a court case, but in some respects it was more far reaching, because it was overturning a law just passed by the States of Jersey, and declaring that the Crown could and should intervene even in the political law-making system if injustices occurred.

http://www.thisisguernsey.com/2008/08/20/high-court-action-should-be-dismissed/

A HIGH Court action challenging the impartiality of Channel Islands' judiciaries should be thrown out, according to a senior advocate. John Langlois, who is also a former conseiller, said the English High Court had no jurisdiction over the Channel Islands and should therefore dismiss the action. The action is seeking to force Lord Chancellor Jack Straw and the Minister of Justice, Michael Wills, to intervene in the Jersey child- abuse investigation and appoint independent prosecutors and judges to handle the case. It was lodged at the High Court last week by Liberal Democrat MP John Hemming and Jersey senator Stuart Syvret. They have argued that Jersey's judiciary is not capable of being adequately impartial because of the island's close-knit environment. Senator Syvret claimed the question of objectivity also applied to Guernsey's legal system. But Mr Langlois said it had been established for centuries that English courts had no jurisdiction over those in the Channel Islands. 'I expect that the Lord Chancellor will tell the High Court that it has no jurisdiction,' he said.

Finally, with regard to the change to European time, Guernsey are happy to play a waiting game and see what the outcome is in Jersey first. The cheaper option! Apparently quite of few think that Jersey people will go ahead with the move to European time. What is clear from the tone of even those delaying the debate, is that if Jersey goes ahead, Guernsey may well follow suit, although they will probably wait even then to see how many problems over being out of synch with the UK will occur, thereby having an experimental situation on their doorstep at no cost to themselves, but probably considerable cost to Jersey, especially if a move does go ahead and it turns into an utter disaster.

http://www.thisisguernsey.com/2008/07/10/waiting-for-jersey-sees-work-on-euro-time-suspended/

GUERNSEY has stopped investigating a possible move to Central European Time. Chief Minister Lyndon Trott said the Policy Council had decided to defer any further work on the issue pending the outcome of Jersey's October referendum on the subject. 'We want to see how much support there is in Jersey first before we put any more time into it.' That decision has been slammed by former deputy Peter Roffey. At the February States meeting he placed a requete for the States to agree in principle to make the move to CET by March next year.