Friday, November 06, 2009
Jersey - the Crown Dependencies and conflicts of interest
I have linked to a story on the Channel Islands TV station which in part says:
A Jersey accountant jailed in 2007 for six years for money laundering has had his conviction quashed.
His defence council took his case to the Jersey Court Of Appeal but it was rejected. They then took it to the Privy Council - the highest court islanders can appeal to - where it was finally quashed.
The judge, Commissioner Sir Geoffrey Nice was branded 'sarcastic, mocking and patronising.' He interrupted Mr Michel 273 times as he was giving evidence. It's now expected to cost the Jersey tax payer millions of pounds. Mr Michel's defence lawyer says in retrospect, he should have objected more at the time.
Click for the video.
What I find interesting is the unquestioning reliance of the TV station on judicial decisions. There have always been biased judges.
What is most important to hear is the solicitors explaining how he didn't want to challenge the judge in case he upset the judge.
This is one of the unusual conflicts of interest that people don't initially spot in the legal process. To appeal a decision upset the judge. Hence there is some resistance to doing this because lawyers want the goodwill of the judiciary to make a living.
It is interesting contrasting the subtle negotiation of lawyers with the somewhat more robust approach of the Justice for Families support for Litigants in Person where the system is confronted face on.
Admittedly this results in me getting a lot of critism from particularly LJs Wall and Thorpe, but it has resulted in something like 10 cases going through the system to the European Court.
The difficulties in secret courts have lead to a culture of complacency. This is more visible as a culture in Jersey in all the courts. ALong with Stuart (the refugee in my flat) and his various cases I have evidence of a number of other egregious failures of the judicial and prosecutory system in Jersey.
The story is also on CHannel Online of Stuarts case where the journalist puts forward some poujadist nonsense against the arguments for the rule of law.
At least in the UK we have some journalists with some backbone and willingness to challenge the establishment. In the Channel Islands it appears missing from the media - who after all don't want to bit the hand that feeds them.
Much like lawyers and the judiciary really. posted by John Hemming ¶ 8:14 pm
A Jersey accountant jailed in 2007 for six years for money laundering has had his conviction quashed.
His defence council took his case to the Jersey Court Of Appeal but it was rejected. They then took it to the Privy Council - the highest court islanders can appeal to - where it was finally quashed.
The judge, Commissioner Sir Geoffrey Nice was branded 'sarcastic, mocking and patronising.' He interrupted Mr Michel 273 times as he was giving evidence. It's now expected to cost the Jersey tax payer millions of pounds. Mr Michel's defence lawyer says in retrospect, he should have objected more at the time.
Click for the video.
What I find interesting is the unquestioning reliance of the TV station on judicial decisions. There have always been biased judges.
What is most important to hear is the solicitors explaining how he didn't want to challenge the judge in case he upset the judge.
This is one of the unusual conflicts of interest that people don't initially spot in the legal process. To appeal a decision upset the judge. Hence there is some resistance to doing this because lawyers want the goodwill of the judiciary to make a living.
It is interesting contrasting the subtle negotiation of lawyers with the somewhat more robust approach of the Justice for Families support for Litigants in Person where the system is confronted face on.
Admittedly this results in me getting a lot of critism from particularly LJs Wall and Thorpe, but it has resulted in something like 10 cases going through the system to the European Court.
The difficulties in secret courts have lead to a culture of complacency. This is more visible as a culture in Jersey in all the courts. ALong with Stuart (the refugee in my flat) and his various cases I have evidence of a number of other egregious failures of the judicial and prosecutory system in Jersey.
The story is also on CHannel Online of Stuarts case where the journalist puts forward some poujadist nonsense against the arguments for the rule of law.
At least in the UK we have some journalists with some backbone and willingness to challenge the establishment. In the Channel Islands it appears missing from the media - who after all don't want to bit the hand that feeds them.
Much like lawyers and the judiciary really. posted by John Hemming ¶ 8:14 pm
Comments:
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John.
Firstly thanks for the support you are showing Senator Syvret and the "good" people of Jersey.
As far as that Channel Television interview goes, well that's about as good as it gets over here.
You are correct when you say our media won't challenge the establishment. Why do you think Jersey has got so many Blogsites? I would guess Jersey has more Blogsites than the entire Channel Islands.
This, in my opinion, and experience is because our entire local media are in the pocket of our ruling elite.
Just listen to the BBC phone in from 12 - 1 every weekday, (which I am prevented from taking part in) and as soon as a caller mentions the name "Stuart Syvret" you can almost hear the presenter's arse twitching at the same time as his finger moving over to the cut off button.
However if a caller wants to talk about the old war days or the price of bottled water then they can talk as long as they like. But don't mention Senator Syvret, Child Abuse, Child murders, HDLG, mass murderers, a bent and crooked judical system, a partizan media, or any dribble like that.
Thanks again for your support from a "good" Jersey person.
VFC.
Firstly thanks for the support you are showing Senator Syvret and the "good" people of Jersey.
As far as that Channel Television interview goes, well that's about as good as it gets over here.
You are correct when you say our media won't challenge the establishment. Why do you think Jersey has got so many Blogsites? I would guess Jersey has more Blogsites than the entire Channel Islands.
This, in my opinion, and experience is because our entire local media are in the pocket of our ruling elite.
Just listen to the BBC phone in from 12 - 1 every weekday, (which I am prevented from taking part in) and as soon as a caller mentions the name "Stuart Syvret" you can almost hear the presenter's arse twitching at the same time as his finger moving over to the cut off button.
However if a caller wants to talk about the old war days or the price of bottled water then they can talk as long as they like. But don't mention Senator Syvret, Child Abuse, Child murders, HDLG, mass murderers, a bent and crooked judical system, a partizan media, or any dribble like that.
Thanks again for your support from a "good" Jersey person.
VFC.
John, I echo VFC thanks for your support of Stuart Syvret, sadly not one his fellow States members appear to have the courage or integrity to give any support.
My comment relates to this latest example of the dysfunctional judicial system in Jersey.
Will this be used as part of you and Stuart's case against Jack Straw to demonstrate how badly the people of Jersey are served the lack of proper governance and stewardship that is the responsibility of the UK government?
Will you be providing this as yet further evidence to the Parliamentary Committee looking into the constitutional arrangements for Jersey?
Keep up the good work and again thanks for your support, many islanders appreciate this
My comment relates to this latest example of the dysfunctional judicial system in Jersey.
Will this be used as part of you and Stuart's case against Jack Straw to demonstrate how badly the people of Jersey are served the lack of proper governance and stewardship that is the responsibility of the UK government?
Will you be providing this as yet further evidence to the Parliamentary Committee looking into the constitutional arrangements for Jersey?
Keep up the good work and again thanks for your support, many islanders appreciate this
Dear Mr Hemmings
The person you have harboured not only is fleeing from (inter alia) the minor crime of not having a driving licence but is a man who does not hesitate in naming persons of guilty of quite heinous crimes who then are incapable of clearing their name becuase your guest does not have any finacial resources and therefore any victory would be purely phyric.
You know a man by the company he keeps and in your case Mr Hemmings you are with a poor deluded fool
The person you have harboured not only is fleeing from (inter alia) the minor crime of not having a driving licence but is a man who does not hesitate in naming persons of guilty of quite heinous crimes who then are incapable of clearing their name becuase your guest does not have any finacial resources and therefore any victory would be purely phyric.
You know a man by the company he keeps and in your case Mr Hemmings you are with a poor deluded fool
The fact that Stuart does not have substantial financial resources does not prevent someone from suing him to clear their name. It is simply that they would not get a mass of damages although they would be able to clear their name.
John if you bother to read my post you will see I mentioned a victory would be phyric - I don't know if you know the cost of a defamation action but we are talking with a starting figure of over 100k. Having to pay that would be a burden on most people and include all those he accused - note he does not name any millionaires - I wonder why?
Firstly you either have cheaper lawyers than we have here or you are out of touch with reality.
Secondly married person - shall I sue some person who has defamed me who most people think is insane and waste our family monies as I will not recover costs or think back to what my family need?
No brainer really isn't it?
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Secondly married person - shall I sue some person who has defamed me who most people think is insane and waste our family monies as I will not recover costs or think back to what my family need?
No brainer really isn't it?
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