Friday 15 October 2010

Former Jersey senator Syvret guilty of motoring charges


Stuart Syvret Syvret is also charged with data protection offences

The former Jersey senator Stuart Syvret has been found guilty of motoring offences.

Counts of driving without a licence and failure to register a change of address were proven at Jersey Magistrate's Court. He will be sentenced at a later date.

Earlier Magistrate Bridget Shaw dismissed Syvret's claims of an abuse of process.

She said he had failed to prove he could not receive a fair trial.
Continue reading the main story

Mr Syvret has also been charged with with publishing a confidential police report which contained personal data on his internet blog.

With regards to a police search of the former senator's home, Ms Shaw said more efforts should have been made to obtain a search warrant under the Data Protection Law.

She concluded, however, there was no malice on the part of the police and that the proceedings were honestly held.

The trial has been adjourned until 1 November.

Former Jersey senator Syvret guilty of motoring charges

Police over-reacted with Syvret arrest, says court

Former Senator Stuart Syvret.

Former Senator Stuart Syvret.


POLICE went ‘over the top’ when they arrested Stuart Syvret and should not have locked him up for seven hours in a cell, the Assistant Magistrate presiding over his case has said.

Bridget Shaw yesterday described the former Health Minister’s arrest following a raid on his home last year as disproportionate to the charges he faced.

Those charges, which related to breaches of the Data Protection Law and minor motoring offences, would never result in a prison sentence, she said, and therefore the actions of the police were ‘wrong’. Instead, Mrs Shaw said, the police should have invited Mr Syvret, who was found guilty yesterday of the motoring offences, to attend an interview at the police station.

Article posted on 15th October, 2010 - 2.56pm


Police over-reacted with Syvret arrest, says court

Thursday 14 October 2010

Father’s rage at ‘lenient’ sex sentence

By Carly Lockhart



AN outraged father is demanding that the courts look again at the ‘lenient’ sentence which let a 55-year-old man who had sex with his 15-year-old daughter walk free from court.

He has written to the Home Affairs Minister and the Attorney General saying that his faith in the Island’s justice system has been shattered by the ordeal.

The father, who cannot be named to protect the identity of his daughter, says he is devastated after Allan Kittleson was given a two-year suspended jail sentence by the Royal Court on Friday. The father now wants to know why the sentence was passed.


Father’s rage at ‘lenient’ sex sentence

JERSEY HAVEN FOR SEX OFFENDERS TO ABUSE CHILDREN

Listen to TNS Radio (NET LIVE Tues at 9pm) Bill Maloney





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  • Stuart Syvret loses fight to avoid trial

    By Lucy Mason

    Stuart Syvret.

    FORMER Senator Stuart Syvret’s bid to halt proceedings against him on the grounds that the prosecuting authorities abused their powers has failed.

    Assistant Magistrate Bridget Shaw has ruled that he should stand trial for alleged minor motoring and data protection offences.

    The motoring trial started at around 11 am on Thursday, just minutes after Mrs Shaw, who is presiding over the case, delivered her decision.


    Stuart Syvret loses fight to avoid trial

    Wednesday 13 October 2010

    Minister defends lawyers against cartel allegation


    Senator Alan Maclean.

    LAWYERS do not have a cartel and only charge high fees because of the complex and specialist nature of their work, says Economic Development Minister Alan Maclean.

    Following criticisms of ‘excessively high’ lawyers’ fees by St Helier Deputy Mike Higgins, Senator Maclean defended the profession during States question time yesterday.

    Senator Maclean said: ‘I have no reason to think a cartel practice is being performed by law firms. I don’t intend to ask the JCRA to investigate.’

    Minister defends lawyers against cartel allegation

    Suspension of police chief ‘was justified’

    By Diane Simon


    Chief Minister Terry Le Sueur.

    THE decision to suspend former police chief Graham Power was valid and justified, Chief Minister Terry Le Sueur told the States yesterday.

    The Senator was answering questions about the independent report by employment law specialist Brian Napier QC into the manner of the suspension which found that procedural errors had been made when it took place.

    The Chief Minister said: ‘I acknowledge that Mr Napier suggested that there could have been procedural errors during the suspension, but he also said there was no evidence of a conspiracy. The suspension has been shown to be totally valid and justified, with the Wiltshire Report providing proof of that.’

    Suspension of police chief ‘was justified’

    Tuesday 12 October 2010

    Syvret hearing: Day Six

    Tuesday was the sixth day of former Jersey senator Stuart Syvret's abuse of process hearing.

    Mr Syvret spent the morning trying to convince the court that he should be allowed to submit the Napier report as evidence.

    He said it is an example of a shocking, disgraceful enterprise steered by Jersey's Law Officers' Department who sought to oust the Chief of Police in the same way they now seek to discredit him.

    Assistant Magistrate Bridget Shaw also read the report. She came to a different conclusion and said it would undermine his case as it found no evidence of a conspiracy. She said there is no connection between the matters contained in the Napier report and Mr Syvret's own case.

    On Tuesday afternoon, Mr Syvret summed up that case. It took him three hours. During that time he said Assistant Magistrate Bridget Shaw's conduct during that case had been in contravention of Article 6 of the European Convention on Human Rights.

    He also said he was denied effective legal aid and also that it was unfair that he'd have to take on Advocate Stephen Baker, one of the island's top criminal lawyers.

    Syvret hearing: Day Six

    Police suspension report cannot be used in Syvret case


    Stuart Syvret Mr Syvret was told the report was irrelevant

    A report into the suspension of a Jersey police chief cannot be used by former senator Stuart Syvret as part of a court case, a magistrate has ruled.

    Stuart Syvret is arguing there has been an abuse of process in prosecuting him on motoring and data security charges.

    He asked for the report into Graham Power's suspension to be admitted into a Magistrate's Court hearing which is to decide if there has been an abuse.

    Magistrate Bridget Shaw said the report was inadmissible and irrelevant.

    In his process hearing, Mr Syvret put forward an application to have the report about Mr Power, written by Brian Napier QC and published last week, to be submitted as evidence.

    The charges Mr Syvret faces include publishing a confidential police report on his internet blog which contained personal data.

    Magistrate Shaw ruled that she was not prepared to admit the report into the hearing.

    She said: "It's my belief that the document actually undermines your case."

    The hearing continues.
    Police suspension report cannot be used in Syvret case

    Call for Le Sueur to make statement


    Former States police chief Graham Power

    DEPUTY Bob Hill has called on Chief Minister Terry Le Sueur to inform States Members tomorrow if disciplinary action will be taken over failings in the way the former police chief was suspended.

    The Deputy of St Martin has said that in the light of the findings of the Napier Report that there was a failure to follow correct procedure when Graham Power was suspended, the former police chief is entitled to a public apology.

    Mr Power was suspended in November 2008 on the same day that the new senior police officers leading the historical child abuse inquiry announced that there had been no child murders at Haut de la Garenne nor any bodies buried there.

    Call for Le Sueur to make statement

    Monday 11 October 2010

    Police called in over ‘corruption’

    By Diane Simon

    Allegations made by Grouville Deputy Carolyn Labey are to be investigated

    CHIEF Minister Terry Le Sueur has asked the States police to investigate allegations of ‘grand-scale’ corruption at Planning.

    A police spokesman has said they are reviewing the allegations made by Grouville Deputy Carolyn Labey and will determine if any further action or investigation is needed.

    Senator Le Sueur confirmed to the JEP that he had referred the allegations of planning corruption to the police this week.

    He said: ‘The allegations have been made and need to be looked into. If they are true, they need to be investigated, and if untrue, they need to be refuted.’

    Police called in over ‘corruption’

    Saturday 9 October 2010

    Deputy ‘ was threatened’ after claims in court



    Former Senator Stuart Svyret

    GROUVILLE Deputy Carolyn Labey has been threatened following allegations she made in court about planning ‘corruption’, it was claimed in the Magistrate’s Court yesterday.

    Former Senator Stuart Syvret told the court that Deputy Labey, who had made the claims while giving evidence last week in an ‘abuse of process’ hearing connected to charges against him, had been the victim of witness intimidation on an internet blog.

    ‘Deputy Labey has been subject to a range of illegal and threatening harassment, directly in connection with the testimony she gave in this court,’ Mr Syvret said. ‘She and I have made formal complaints to the police and have given statements.


    Deputy ‘ was threatened’ after claims in court

    Jersey's Chief Minister refuses to release controversial report

    Jersey's Chief Minister is refusing to release a report into the suspension of the island's former police chief because he fears 'there could be grounds for disciplinary action arising out of the report.'

    Senator Le Sueur says he's now seeking advice as to what to do next.

    But Deputy Bob Hill is not happy. He believes Senator Le Sueur is stalling. The deputy's read the Napier Report and thinks it should be made public.

    He says Senator Terry Le Sueur has gone back on his promise and that the decision not to go public undermines the Chief Minister's authority.

    Deputy Hill said: "I think it weakens it. It makes him indecisive. It really leaves most of the public saying well what really is going on. What has he got to hide. I don't think there's anything to hide at all and all I think we need to publish it and take the action which necessarily should have been published two years ago."

    We'll have more on this story in tonight's Channel Report.

    Jersey's Chief Minister refuses to release controversial report

    Napier report released

    Mistakes were made in the way Jersey's former Police Chief was suspended.

    An independent report highlights several failings in the procedure followed in the run-up to Graham Power's exclusion from office.

    But the report has concluded there was no plot to oust the police chief and there is no need for a further inquiry.

    The Chief Minister has issued the report received from Brian Napier QC, who was commissioned to review the suspension process.

    The Chief Minister ordered the report after Deputy Bob Hill called for a full-blown Committee of Inquiry into the suspension.

    Mr Napier is a Scottish advocate who specialises in Employment Law. He was selected by the Chief Minister and Deputy Bob Hill, from a list of specialists provided by ACAS

    The report was commissioned in March 2010, but due to delays in arranging interviews with those involved and Mr Napier’s other work commitments, it was not possible to complete the review in the original timescale. The final report was received on 13 September.

    When the Chief Minister reviewed the report and conclusions reached by Mr Napier he felt advice was required before the report could be published.

    Senator Terry Le Sueur said: 'I regret that it has taken longer than I originally envisaged to complete the report. I hope, now it has been published in its entirety, both States Members and the public will see that it is thorough and reaches a number of conclusions.

    'Mr Napier was asked to examine the suspension procedure and to judge whether or not a Committee of Enquiry into the suspension of Mr Power was justified. Mr Napier concludes that his findings do not warrant a further inquiry in the interests of open government; and he states I do not see a need to investigate these matters further'.

    Senator Le Sueur added 'While he has highlighted procedural failings in the suspension process, Mr Napier found no evidence of a ‘conspiracy’ to oust Mr Power for some improper reason and I hope this allegation can now be put to rest.

    'I have taken advice on all the conclusions and will be acting on that advice in the coming weeks. As was the case throughout Mr Power’s suspension, I intend to maintain confidentiality on this matter, and will ensure any individuals involved are treated with respect.

    '“I will not be making any further statement on the conclusions of the report until all internal matters have been concluded.'

    Napier report released

    Report criticises suspension

    By Diane Simon

    Former States police chief Graham Power

    FORMER Police Chief Graham Power was suspended without proper evidence of incompetence in handling the historical child abuse inquiry, a report has revealed.

    The independent report by employment law specialist Brian Napier QC released today says that there were procedural failings in the handling of the suspension of Mr Power in November 2008 which was carried out by the then Home Affairs Minister, Andrew Lewis, in the presence of States chief executive Bill Ogley.

    Mr Power was suspended on the same day that it was revealed by acting police chief David Warcup and Det Supt Mick Gradwell that there had been no child murders or bodies buried at Haut de la Garenne.

    Report criticises suspension

    Friday 8 October 2010

    Power suspension: Disciplinary action possible

    An independent report into the suspension of Jersey's former Police Chief could lead to disciplinary action.

    Chief Minister Terry Le Sueur says he's urgently considering the issue.

    In an email to States members on Wednesday night, Senator Le Sueur said: 'As you may be aware, I have now received the Report into the suspension on 12th November 2008 of the (former) Chief Officer of the States of Jersey Police ("the Napier Report").

    'Having read this Report carefully, I am of the view that there could possibly be grounds for disciplinary action arising out of the report. I am taking advice on this and considering it as a matter of urgency and anticipate making a decision on this shortly.

    'I have also sought appropriate advice about the publication of the Napier Report prior to any disciplinary proceedings which may, after consideration, take place and I am advised that publication might prejudice any disciplinary process which may be required.

    'Although I have shared the Napier Report in confidence with the Deputy of St. Martin, he has acknowledged that it is important for any disciplinary process that may be required to be conducted properly so that there can be no question of any impropriety. The Deputy of St. Martin has therefore agreed to continue to hold the Report in confidence.

    'I am grateful to the Deputy for his understanding in this matter and I hope that all States members will similarly respect the need to conclude any disciplinary issues prior to publication. I confirm that on the conclusion of any disciplinary issues, the Napier Report will be published in a full and unredacted form'.

    But not all States members are happy about the report being witheld at present, including Deputy Hill. In an email to the Chief Minister last night he wrote:

    'Dear Terry, Thank you for your reply but you are well aware that it falls far short of what I am asking. Your email below was sent without any discussion with me therefore I have not agreed to hold the Report in confidence for what seems to be an indefinite period.

    'The purpose of my email was for you to show some leadership in an impartial way. You have been in possession of the Report since 13th September and must have been considering disciplinary action. When you gave me a copy of the Report on Friday 17th September you told me you were considering disciplinary action and were seeking advice. However it was envisaged that the Report would be circulated soon after my return from holiday. I believe you have had ample time to seek advice to determine whether to instigate disciplinary action. Many States Members have been of the view that the suspension of the former Police Chief was not conducted in a satisfactory manner and that was endorsed by the Royal Court some months later. The evidence has therefore been to hand in the public domain for over 18 months.
    You have stated that are taking advice and considering it as a matter of urgency and anticipate making a decision on this shortly. However in my opinion It would appear that you are trying to stall the process in the knowledge that the Napier Report could be of some value in a Court Case which is in progress. I do not want to prejustice any disciplinary case but equally I do not want to deny justice to an ongoing Court Case.
    '
    All that said I am encouraged by your assurance that this is now a matter of urgency but that is what you told me last week when you thought you were going to a statement. However, after some thought, I will take no further action in this matter before 2pm tomorrow (Thursday 7th October 2010.). This should be sufficient time for you to complete your consideration of any possible disciplinary action. If you do decide that disciplinary action is appropriate and the individual person is named and make a statement to that effect, then I will seek to avoid any action which might cause difficulties to the disciplinary process. However, if the current uncertainty is allowed to continue then I will take such action as appears to me to be in the public interest.

    'While I recognise that this position may cause you some difficulty, I can only repeat that this exchange relates to a report which has been in your possession since 13th September 2010 and which is subject to growing speculation regarding its contents. I believe that it is now time to bring this speculation to an end by prompt and decisive action. At this time I am content for you to continue to take the lead on this matter but reserve all of my options if no clear decision is taken within the timescale I have indicated.

    Regards

    Deputy F. J. (Bob) Hill, BEM.'

    Deputy Paul Le Claire also sent the following email to the Chief Minister:

    'Dear Terry, you said to me last week I must call things as I see them. So here goes on this. I see this as a continuation of a culture of concealement and denial in order to deflect blame and accountability for poltical expediency.
    Please demonstrate that I am mistaken ?
    Kind Regards

    Paul

    P.S. I am not the only one in this assembly or the island who sees and smells.

    The Chief Minister replied: 'Dear Paul, I have already stated that I will publish the Report in a full and unredacted form as soon as possible. This does not sound like concealment to me.

    Terry'.

    Deputy Trevor Pitman sent the folloowing email to the Chief Minister:

    'Terry, Why all this red-herring talk of 'publication'? As States members - unless there really is something to hide, whether till certain dates have passed or otherwise - it is outrageous that we are still waiting a month after you received it; going on toward what...nine odd months since we were told it would take six weeks to complete! The question I would put to you, Terry, is whatever happened to all your talk of 'inclusive' government? We are not talking 'publication' even though it seems the preferred way this COM does business is media first, elected representatives last - we are asking as elected representatives to SEE the report and whatever, good, bad or indifferent might be in it. Also, for me at least, whether this latest many months overdue document was worth it or not. Surely this is not too much to ask? If we are not to be allowed to see it then I genuinely believe that Bob has an obligation to take it on himself to publish as he suggests.

    Trevor.'

    Power suspension: Disciplinary action possible

    Thursday 7 October 2010

    Disciplinary action over police chief suspension?

    By Diane Simon

    Chief Minister Terry Le Sueur.


    DISCIPLINARY action could be taken over the way in which former police chief Graham Power was suspended two years ago.

    Chief Minister Terry Le Sueur informed States Members yesterday that having received the independent report by employment law specialist Brian Napier into the suspension, he believed there could possibly be grounds for disciplinary action.

    After receiving a number of emails from States Members asking the reasons for the delay in its publication, Senator Le Sueur responded by informing all Members he was taking advice on the matter.

    Disciplinary action over police chief suspension?

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    Monday 4 October 2010

    Minister lodges complaint against Deputy

    Senator Terry Le Main

    FORMER Housing Minister Terry Le Main has lodged a complaint against the Deputy of Grouville after she accused him of being involved in ‘grand scale planning corruption’.

    The complaint against Deputy Carolyn Labey, who made the accusation in the Magistrate’s Court last week, has been made to the Privileges and Procedures Committee, which is responsible for the behaviour of States Members.

    Senator Le Main has also demanded a ‘full investigation’ into the claims. In a letter to the committee’s chairman, St Mary Constable Juliette Gallichan, Senator Le Main said he was writing ‘in protest in the strongest of terms’ to the claims.

    ‘I wish to lodge a complaint against Ms Labey in regard to these corruption allegations which have apparently taken place over the rezoning of Field 148 in Grouville and any other land rezoning or otherwise in the Island,’ he said.

    Minister lodges complaint against Deputy

    Saturday 2 October 2010

    Planning ‘corruption’: Cohen orders inquiry

    By Diane Simon

    Senator Freddie Cohen

    ENVIRONMENT Minister Freddie Cohen is calling for an investigation into allegations made by Grouville Deputy Carolyn Labey about planning corruption on a grand scale.

    Senator Cohen is to ask Chief Minister Terry Le Sueur to launch an investigation into claims made in the Magistrate’s Court on Wednesday by Deputy Labey that she had evidence that a ‘network’ of individuals had been involved in making corrupt planning decisions relating to rezoned land.

    The Planning Minister said that although he had full confidence in the department’s integrity and confidence in its officers, it was important that an investigation was held so the public were able to retain confidence in the planning service.

    Deputy Labey made the allegations while giving evidence at an abuse of process hearing initiated by her former partner, former Senator Stuart Syvret who faces data protection and driving offence charges.

    Planning ‘corruption’: Cohen orders inquiry

    Le Main: I was not involved in any planning corruption’

    By Lucy Mason


    FORMER Housing Minister Terry Le Main has categorically denied any involvement in alleged planning corruption, describing the accusation against him as ‘absolutely scandalous’.

    Following claims made by Deputy Carolyn Labey in the Magistrate’s Court on Wednesday that he was involved in ‘grand scale planning corruption’, the Senator has put his lawyer on standby.

    And he said that if the Deputy, who he believes has had a ‘thing’ against him for a long time, repeated those accusations outside court he would sue her.

    The claims were made during a hearing instigated by Deputy Labey’s former partner Stuart Syvret concerning his criminal prosecution.

    Le Main: I was not involved in any planning corruption’

    Friday 1 October 2010

    Syvret case to continue next week

    By Lucy Mason



    FORMER Senator Stuart Syvret will have to wait even longer to hear if he will face a criminal trial after the court ran out of time at his abuse of process hearing.

    The ex-Health Minister spent all of yesterday morning giving evidence and was then cross-examined by Crown Advocate Stephen Baker in the afternoon. By 3.15 pm Mr Syvret said he was exhausted and asked the Magistrate’s Court to adjourn to a later date for the summing-up.

    The next court date available was next Friday, 8 October, and the hearing will now continue on that date, when both sides will sum up their cases before a decision is made.

    Mr Syvret, who is facing two charges of breaching the data protection law and two alleged motoring offences, claims he has been the subject of ‘political oppression’. He has spent the past four days arguing that the charges against him should be dropped because his investigation, arrest and subsequent prosecution were unlawful.

    Syvret case to continue next week