Tuesday, 25 August 2009

Syvret ‘no fair trial’ claim is dismissed

By Andy Sibcy

A UK judge has rejected claims by Senator Stuart Syvret that he cannot receive a fair trial in Jersey.

Commissioner Sir Richard Tucker has described the Senator’s attempt to have his traffic offences case heard by English courts as ‘frivolous and fanciful’.

And he ordered Senator Syvret to pay the Attorney General’s costs for the hearing, rejecting his submissions that he had ‘no means’ and that making him pay costs was not in the public interest. It is not known how much Senator Syvret will have to pay.

Sir Richard’s published judgment concerns applications by Senator Syvret for both the Magistrate and the Commissioner to recuse themselves – withdraw – from the case on account of the allegation that they are biased against the defendant, Senator Syvret.

He is charged with two minor Motor Traffic Law offences which would normally be heard in the Magistrate’s Court only, but he has argued that he cannot get a fair hearing from any judge or magistrate appointed by the Bailiff.

Syvret ‘no fair trial’ claim is dismissed