Deputy Roy Le Herissier and Professor Adrian Lee provide an introduction to the Lord Carswell Crown Officers Rewiew.

The video was made at La Societe Jersiase Members' room on Wednesday 24th February 2010. (Further videos will be added in due course – patience.)


Submissions to Lord Carswell’s review can be made to:

PO BOX 1000, Highlands College, St Saviour, JE4 9QA or emailed to crownofficersreview@gov.je

See website www.gov.je/crownofficersreview

Lord Carswell is chairing a panel conducting an independent review of the role of Jersey's Crown Officers.

The review panel

An independent review of the roles of Jersey’s Crown Officers (Bailiff, Attorney General and Solicitor General) is underway. A panel has been appointed to carry out the review and prepare a report for the States, on whether the current roles should be changed, and if so, how and the likely cost implications.

The review will consider the Bailiff’s roles in the States; as chief justice; and as the ‘civic head’ of the Island. For the Attorney General and Solicitor General, the review will examine their roles as head of the prosecution service; legal advisor to the States, Council of Ministers and Scrutiny Panels; and ‘titular head’ of the Honorary Police.

The panel is chaired by the Right Honourable Lord Carswell and the members of the panel are:

• Mrs Marie-Louise Backhurst
• Mr Geoffrey Crill
• Dr Sandra Mountford
• Mr Ian Strang

Hearings will begin soon and the panel will be asking members of the public for their views. The panel will be based at Highlands College and will, as agreed by the States, report back within 1 year.

Independent review of the current roles of the Bailiff,
the Attorney General and the Solicitor General

Terms of Reference

1. In accordance with the decision of the States on 4th February 2009 that an independent
review shall be conducted into the current roles of the Bailiff, the Attorney General and the
Solicitor General, and with particular regard to –

Part 1 – roles of the Bailiff (and Deputy Bailiff)

•The role of the Bailiff as Chief Justice, President of the States and civic head of the
Island;

Part 2 – roles of the Attorney General and Solicitor General

•The roles of the Attorney General (and Solicitor General) as legal adviser to the States of Jersey, to the Council of Ministers and to Scrutiny Panels, chief prosecutor, head of the Jersey honorary police, and acting in the interests of the Crown in Jersey;
and taking into consideration –

(1) the principles of modern, democratic and accountable governance and human
rights,

(2) the nature of a small jurisdiction, the Island’s traditions and heritage, the resources required, and the difficulties (if any) which have arisen in practice, and

(3) such other matters as the Panel may consider relevant, to prepare a report for consideration by the States –

(a) on whether the current roles should be changed, and

(b) if so, how they should be changed and what the likely cost implications of any such
change might be.

2. The views of the public and local interest groups in Jersey should be sought and all such views taken into consideration.

3. Formal meetings and hearings of the Review Panel should be held publicly in Jersey unless the Panel believes that there are reasonable grounds for holding a meeting or hearing in camera.

4. The content of all written submissions to the Review Panel will be made available to the public, unless the Panel believes that there are reasonable grounds for non-disclosure of a submission or part of a submission, and should be attributed unless the submitter explicitly requests that a submission shall be non-attributed and the Panel accepts the reasons for such a request.

Crown Officers

Bailiff

The Bailiff is president of both Jersey's Royal Court and the States Assembly. As such, he is the chief judge in Jersey and is the 'speaker' in the Island's parliament. He is also the 'civic head' of the Island, meaning he speaks on formal occasions such as Liberation Day and receives distinguished visitors to the Island.

Attorney General

The Attorney General gives legal advice to Ministers and Scrutiny Panels. He is also the head of Jersey's prosecution service and, as 'titular head' of the Honorary Police, carries out the duties that arise from that position. His department also assists overseas law enforcement agencies and carries out conveyancing work for the States.

One thing is certain when writing an obituary of a deceased lawyer, the prospect of a writ for defamation is unlikely. Since those who are dead cannot defend their reputation it behoves an author to exercise a degree of judgment that might not otherwise be applied in the general cut and thrust of political life.

To write an obituary of a friend is easy; to write one about a political opponent requires different skills. Establishment eulogies have already begun and will continue. The Bailiff mentioned his death during the afternoon session of the States and even Bridget gave him a send off on the BBC Radio Jersey Phone-in programme. The Establishment will no doubt organise a full “Papist” funeral and even more eulogies.

Advocate Christopher Lakeman would not have objected to being called a conservative. He described himself as a lapsed card carrying member of the Tory Party. His attachment to the politics of the Right were apparent from his university days as a member of the FCS, or Federation of Conservative Students. This was an organisation that Norman Tebbitt was eventually required to disband for its extremism – too extreme even for a Thatcherite. Christopher always threatened to sue anyone who suggested he was a Fascist. He was not. Indeed he espoused a clear Liberalism, something that probably came from being gay, rather than from the ideology of the Right. One cannot fail to view the world differently as an oppressed minority, even though it does not mean one automatically fights against all oppression in society.

Christopher was a rare phenomenon in Jersey in being a politically active lawyer. Normally the two are inimical, at any rate in Jersey. To progress in one’s career means learning early not to rock the boat and express controversial opinions or indeed opinions of any sort. He has been hailed as a Human Rights lawyer; not a difficult claim to substantiate in an island with a legal profession that is patently uninterested in such obscurantism. Law is for profit and human rights don’t smell of money. He was not the leader of an organisation of Jersey Human Rights lawyers, in part because there are none to lead. Nor was he a member of the Jersey Human Rights Group, which does contain a few lawyers. In many ways Christopher was a typical 1950’s Jersey Solicitor, much in the mold of Vernon Tomes – slightly pompous and insular.

An able political campaigner, he organised with a particularly distinctive style. Organising those on the right it seems requires appealing to their snobbery and love of hierarchy. Adverts would regularly appear in the JEP with quotes from important and not so important individuals, endorsing a particular cause, but all had their profession, job or status prominently displayed. The politics of the right is never just confined to the elite social groups. A nurse could well appear alongside a Seigneur.

The early campaigns in Jersey began with opposition to the legalisation of abortion, in 1996. Ultimately it was a rear guard action, as the proposition was being brought by the Public Health Committee as an urgent matter to protect surgeons who were carrying out terminations in the General Hospital within a grey area of the law. Modernity and bureaucratic efficiency had to trump reactionary sentiment. Nevertheless it wa a close run thing. It is not difficult to arose reactionary sentiment in Jersey and Christopher was not afraid to lead a good reactionary cause. He used to advantage his French legal studies to explain the French model of legislation which was being followed. The States debate was very close. There were loud exhalations of air by the public in the gallery of the House as an anti-abortion amendment to the new law failed by a narrow margin of one or two votes. Ultimately what won the day against a conservative moral block in the States was the “Pro Choice” campaign that had mobilised civil society, with the then largest petition to the States in favour of legalization, together with well attended meetings with national names like Claire Rayner and even a letter of support from David Steele MP, the backer of the original UK legislation.

The next campaign was in defence of the privileges of Hautlieu school. Whereas the middle class have their Colleges (Ladies and Victoria) the brighter working classes have Hautlieu. A public meeting in the Town Hall was packed with ex pupils attesting to their social success and advancement in spite of lowly social origins. Hautlieu was a symbol of privilege for a few in a system that allowed the less bright or those with less pushy parents, to simply fail in state schools. That campaign was a success and Hautlieu remains.

Christopher promoted himself and his political career by raising his profile through a regular “legal eagle” advice show on BBC Radio Jersey. Anyone seeking election in Jersey has to achieve a profile and recognition, usually and preferably in a non political context. Single issue campaigns on uncontroversial issues of the day are best. Anti smoking or anti litter campaigns are suitably inoffensive. That said, a sense of public duty is rare amongst the Jersey legal profession and Christopher showed that he was prepared to give something back to the community. Articles followed in Jersey Legal journals, all of which added to his academic credibility.

Lakeman was elected Senator as someone who embodied for the electorate of Jersey both a safe pair of hands and education. For an electorate concerned more about social stability rather than competence and capability in its States Members, Christopher was the extent of their radicalism. The electorate delighted in having a conservative Lawyer, acceptable both on social and political grounds. His legal knowledge added to States activities. Whereas once Advocates had led the political parties of the 19th century, by the end of the twentieth lawyers were only concerned about making money in the expanding finance industry. The salary of a States Member was never enough to attract the best, in the sense of professionals, but it was adequate to attract the mediocre. That problem remains. We are told that ultimately the pressures of work required him to quit politics and return to the Law. What may have happened is that fellow partners in legal practices were no longer prepared to indulge his political whims; Law is for profit.

Constitutional matters interested Christopher. Indeed he was booked to participate in a seminar on the role of the Crown Officers along side Deputy Roy Le Herissier and Professor Adrian Lee this week. His contribution will be missed. Independence for Jersey was of particular concern and he spoke at an earlier seminar in September 2008 entitled “Jersey – a constitution in crisis?”. The a-historical view of Jersey was that of the 800 years of autonomy, 1204, of Royalism and Charles II. The British connection was minimised. Jersey’s rulers firmly believe that independence for Jersey will save the bacon of the finance industry if the EU gets too close and the UK finally looses patience.

One of the more bizarre campaigns Christopher led was against the referendum on time change. He did it with consummate efficiency. The purpose of the referendum remains obscure, since Finance would never agree to the inconvenience of being out-of-sync with the City. Possibly it was a dry-run for independence by Jersey’s rulers. Opposing the change was pushing on an open door and did not really need a campaign.

The central conundrum to his life was a tension between being gay and a Catholic. The anti abortion position came naturally to a Catholic and to a Rightist. However, catholicism taught him that homosexuality was a sin. Establishment eulogies will shy away from this part of his life and identity since they remain uncomfortable on this issue if not actively homophobic. One has only to recall the backwoodsmen’s response to the Civil Partnerships Law, which they dismissed as “Marriage for Queers”. Many in Jersey’s gay community were disappointed that he did not do more to actively campaign on gay issues and against discrimination. Being gay per se does not make one a libertarian.

For a while Christopher acted as a legal adviser to Graham Power the suspended Chief of Police, but later was reduced to being his Mackezie Friend, apparently when his practicising certificate lapsed. This brief showed a willingness to accept controversial legal cases.

It is a sad fact of life in Jersey that no sooner is one dead that the rumour mill starts turning. Even in death no reputation is safe in Jersey. We live in a febrile and hot house community where everybody knows everybody else; or at least so goes the saying. In fact what everybody knows is their heartfelt prejudices against others, be they accurate or otherwise. We know enough to know what we don’t like and that’s enough to pass judgment.

Christopher’s death aged 42 is certain to raise questions. Deaths at such an early age are unusual. Certainly it was too soon, but then none of us know when our time is up.

Though our swords were more often locked in combat, ours is now raised in a final salute.


Here is song from an earlier group of secessionists that sought to assert their independence from a Northern neigbour. Perhaps it can become an unofficial National Anthem for “our small island nation”.

"A seminar has been organised to consider the current review of the Crown Officers-
Wednesday February 24th, 2010, 6pm at the Members’ Room, La Société Jersiaise
Organised by Dr Roy Le Herissier, Advocate Christopher Lakeman, Jennifer Bridge and Professor Adrian Lee, the purpose of the seminar is to:

• open up the debate

• consider the key issues that have led to the States appointing Lord Carswell to review the current roles of the Crown Officers

• discuss options for the future

Dr Le Herissier is well known as a political and constitutional commentator, having written his doctorate on the constitution of Jersey from 1771 to 1971. Subsequently, he, along with his then colleagues on the Privileges and Procedures Committee of the States of Jersey, Advocate Christopher Lakeman (the first President of PPC) and Jennifer Bridge (Vice-President 2002 to 2005) - brought forward the States of Jersey Law which can be described as part of Jersey's current constitution.

Adrian Lee is an expert on small jurisdictions, and in particular Island states. He is well known as a frequent media commentator on election nights."

The Review of the Crown Officers is sure to be the whitewash of the decade, with lots of fine words and absolutely no reform. Only recently we have seen that the States of Jersey is incapable of reforming itself. The ossified system has refused to implement the most basic of rationalising changes - to abolish the three categories of members; to create equal terms of office and redraw electoral constituencies to remove the bias toward the Country Parishes at the expense of the urban areas. If the States cannot implement reforms, there is no chance of democratising the Crown Officers. The review panel seems to be staffed with those who might be best described as "a safe pair of hands". If you want a certain outcome, then pack your bench.

The importance of the Crown Officers is that they sit at the very centre of Establishment Power. This Ancien Régime institution has remained virtually immune to the democratisation process that occurred elsewhere in Jersey government and society during the 20th Century. They remains the last bastion of privilege; a bulwark against democratic change. The Crown Officers along with the Royal Court, the Governor and the legal profession urgently require reform. They should be regarded as pre-democratic vestiges, but ones that still perform a vital centralising and co-ordinating role for the holders of social power.

It is important that Progressives attend this seminar to prevent the terms of debate being set too early and in favour of the status quo. It is also vital that as many contributions are made favouring reform. They may not be incorporated in the recommendation of the final report but the Review has promised to publish submissions. This will be more revealing of islanders’ sentiments than any official conclusions.

Be aware that the Crown Officers will be seeking to manage the debate carefully and this is the opening shot. One has only to recall the former Bailiff’s warnings against change to the role of the President of the States recommended by the Clothier Report. A press conference was organised at which the Bailiff stated in advance he was not prepared to accept questions. He read his statement and when a bold CTV journalist sought to ask questions, he was arrogantly dismissed and the event terminated. This is the behaviour of rulers that have no conception of accountability and no respect for popular sovereignty. No one commented on this at the time, except for that brave journalist and an oblique but guarded remark by one Deputy.

The Crown Officers will be fighting a rear-guard action. The sentiment of the times does not favour oligarchy. However, the power of deference in this island is very great and one can be sure that the Black Hundreds and assorted Loyalists will be mobilised in force. Democrats must be on their guard.


[Submitted by 28.09.1769]

"PIIGS" is the unkind acronym for Portugal, Ireland, Italy, Greece and Spain and they are the known EU countries facing dire and immediate economic problems.
There are 16 countries within the Euro zone out of 27 in total and the UK still has its own pound sterling – to which Jersey is tied.

Greece has been in serious trouble ever since it wasted billions on hosting the 2004 Olympics but now the country’s future looks grim unless other EU countries pump in euros by the boatload. It is the first of the EU basket cases and others are sure to follow and the whole of the EU looks to be shaky.

Together the PIIGS have 2 trillion euros worth of external debt liabilities. Greece’s share is about 420 billions and the country needs to borrow 70 billions to service that debt for another year. But borrow from where? Switzerland’s non EU economy is already hocked to the PIIGS to 21% of its GDP and the UK has a 16% of GDP exposure of £250 billion.

Like the old dominoes effect – if one economy collapses then others will surely follow – especially since they are linked so closely into an economic union and the UK is equally vulnerable too now that the entire population has mortgaged itself for decades ahead to save the bloated banking and finance sector.

If necessary, Greece will be dumped to save the rest.

But of course, the world’s economic order is still under enormous stress.
Iceland has already failed. Fiji is more or less broken.
It is a truly world-wide problem.
Dubai’s mesmeric centre of economic wonder collapsed almost overnight.

The reality for ordinary people is that Spain has experienced a dramatic property market collapse with empty dwellings and half finished developments littering the country. Unemployment is heading for 20% - yet just a few years ago the economy was supposed to be booming. Portugal’s problems are similarly serious.

Eastern European countries are estimated to have external debt obligations in excess of 2 trillion euros.

The USA economy is also in a virtual state of collapse in many States. At least seven are in practical terms already bankrupt with California leading the way under a deficit of 20 billions, needing urgently to raise 1 billion dollars and with unemployment over 15%.
The national US burden of fighting wars and defence expenditure is also unsupportable.

It is not surprising therefore that cost cutting is the international order of the day or that governments are looking to raise extra taxes.

That Jersey’s Finance Minister Ozouf has declared a policy to save over £50 millions per annum on government expenditure to redress the existing known annual budget deficit is no surprise. The inevitable failure of Jersey’s economic order has been predicted for years – even before the world banking and finance system went into rigor mortgage.

Of course, savings in Jersey are simply not achievable. The Jersey economy has been subsidised for decades by UK taxpayers and with the gradual withdrawal of such hidden payments and services – like the health reciprocal arrangements and further education – local costs will become ever higher. Cost cutting is just an absurd and unrealistic aspiration.

And what fresh demands will arise from the UK in the near future? An equitable defence contribution would be £30 millions per annum – not the £1 million spent on the existing Jersey TA unit. Suppose the UK demands a contribution towards the bail-out of the UK banking system? Or to collect more from the assets hidden in Jersey’s secretive finance system?

Besides which, all Jersey Ministries have plans to expand and improve the public services that are provided. Thus, even before the Verita Report was delivered last week, the optimistic Health Minister had declared her plan to build an entirely new hospital for Jersey!

Which Jersey Ministry could make savings?

Of course, even if the public agreed, closing facilities like the museums, archive and arts performance centres would save a few millions initially. But, the substantial expenditure on education, health, social security and welfare already demand more money and facilities not less, year after year.

So, increasing taxation is the clear option for Jersey but a 12% GST hike (as is now being PR tested) would not obtain States approval because even the Constables will vote en bloc against substantial financial impositions that affect them personally.

And when the EU finally gets around to knocking Zero 10 on the head – what then? Shall Jersey’s deficit increase overnight to £100 millions?

The point is that Jersey needs to make some friends because if this little economy should fail there will be a huge cheer in other places because in international eyes the Channel Islands have been getting away with it for years. The tax avoidance business is as discredited now as a banker’s bonus and there are millions of people world-wide who would like to see these islands sink just like the Dubai sandcastles.

And this week, the UK Department of Justice sent a delegation to the Channel Islands under Alan Beith MP to meet with our elected representatives and the official response was about as cool as might be imagined. Of our 53 States Members only a dozen bothered to turn out.

Of course, there might be other opportunities after the new UK government is elected this Spring but the notion that Jersey does not need the support of the UK or that Jersey could be truly independent or that we don’t need friends in the EU (not just the same old Finance Industry zombies) is just so silly.

If this Island wants an “international personality” as is claimed, then it is time that we started to engage in a meaningful dialogue with the people of the UK and their elected representatives.

Tom Gruchy

[Submitted by Tom Gruchy]

We can tell that capitalism still marches on – today BAE Systems shares went up after the arms business was fined nearly £300 millions for false accounting and bribery. It was just the latest round in this dreadful saga and the UK and USA governments are desperate to close the door on further investigations.

Of course it is a world-wide and ancient tale of capitalist wrongdoing and Jersey is right up there with the big boys proudly punching above its corruption weight.

Some people will still remember the late Geoffrey Edwards the Yorkshire born ex RAF pilot turned arms dealer/agent who settled in Jersey after receiving an £8 millions commission from the Saudis back in 1967. Then, as now, 11K category arms dealers and mercenaries were/are welcome to settle here and Edwards shared in further BAE/Saudi commissions of £30 millions in 1973 and £60 millions in 1978. At current rates, these amounts would probably be billions but he was a pioneer of the whole Al Yamamah (“The Dove”) multi-billions BAE scandal “the biggest UK sale ever of anything to anyone” and it’s amazing that he is remembered here now only with a horse race at Les Landes whereas he surely deserves a full bronze, missile mounted statue in the Royal Square?

Edwards is not just a Jersey hero because he was fighting for British business in true buccaneering style and the myth of ethical gentlemen salesmen travelling the world securing the manufacturing orders for the boys back home has surely been destroyed by BAE for ever.
The corrupt multi-millions dealings of this company have been tracked from Qatar to Chile, Austria and the Czech Republic, Tanzania, South Africa, Romania and that veritable pot of black gold – Saudi Arabia. Every now and then the trail leads back to the Channel Islands and the extraordinary slush fund that not only oils the wheels of corrupt capitalist business but also fuels the fire of corrupt governments and the interfering activities of the CIA and British intelligence services in struggling democracies everywhere.

From the outset, payment for BAE aircraft and technical support to the Saudis was paid for in oil – 600,000 barrels a day – which was/is outside of the famous OPEC limits and controls. That oil was sold on the spot markets to generate extra billions in cash and this is (or was) invested largely through tax haven based hedge funds registered in the Caymans or BVI and presumably the Channel Islands and IOM too. So enormous has the business been, that Prince Bandar the Cranwell trained pilot and long-time Saudi Ambassador in Washington was apparently paid a regular commission of 30 million dollars a quarter through Lloyds TSB and Riggs Bank. Altogether it is alleged he received 10 billion dollars over the years. Not surprising therefore, that his Cotswold mansion and estate (which includes the whole village of Glympton) is owned through a Jersey registered company in the names of a bank manager and an accountant.
And not surprising either that Andrew Edwards in his 2002 Report for the UK Land Registry called for the widespread abuse of such concealed ownership through CI companies of UK properties, by the rich, to be stopped.

In 1998 BAE set up a BVI company called Red Diamond as a cover for payments totalling more than £100 millions in “commissions” or bribes in connection with the ever growing world-wide business (but especially that in Africa) and the records are kept discreetly in Switzerland.
From Red Diamond the slush fund payments were paid out through a network of haven registered entities such as Poseidon, Osprey Aerospace, and Hudersfield Enterprises etc to the various BAE fixers, agents and bent politicians. The Bahamas, Switzerland, Liechtenstein, Panama, Liberia, Caymans, Gibraltar, IOM and the Channel Islands were all used regularly as was the Barclays Lloyds TSB – Riggs Bank connection and there was usually a very close connection too with the Presidential Bush family and American, Dutch/Anglo slush fund operations through BP and Royal Dutch Shell and such organisations as the huge Carlyle arms and investments Group.

Involvement with bent or morally weak politicians has been an essential part of the BAE strategy from the beginning and Geoffrey Edwards set the early standard through friendships with the like of John Stonehouse, the minister in Harold Wilson’s government who went to jail for fraud after faking his disappearance Reggie Perrin style. And Edwards also nurtured his own right wing political ties too and supported groups like GB 75 the mysterious gathering of military and intelligence men who were standing-by ready to overthrow Wilson’s Labour government if it became too left-wing.

But the enormous funds generated by this extraordinary and covert business have been used for all sorts of really dangerous and serious clandestine activities by the Secret and military Services of the UK and US governments over many decades and the names from scandals past – like Oliver North and Adnam Khashoggi, Marcos and Pinochet, the Shah of Iran and many more emerge from the gloom whenever the record is revealed for inspection.

When Marcos of the Philippines was deposed, thousands of tonnes of “his” gold were supposedly secreted to Switzerland and sold off by Khashoggi for the Americans (and unknown amounts of money found their way into Jersey based accounts).
Pinochet of Chile was also the recipient of substantial payments much later through the Red Diamond network for the rockets and military equipment supplied to his dreadful regime - but he died in 2006 before his prosecution could proceed.
But the Saudi “arms for oil deal” was the source of much of the financial support that underwrote the very existence of such regimes and much of the international mischief- making of both the US and UK governments.

Some will recall too that Pinochet was holed up in Margaret Thatcher’s London gated home while he evaded arrest and extradition and this £3 millions property was leased for 64 years through Jersey company Bakeland Property Ltd fronted by long time Thatcher family friend and financial adviser Dr Hugh Thurston with Leonard Day and that Thatcher’s husband Dennis and son Mark – besides members of her government – were up to their necks in financial sleaze with BAE.
Thus Mark received over £8 millions through one BVI company in 1999 resulting from South African/BAE deals yet famously walked free (for the moment) when his colleague Simon Mann finished up in an Equatorial Guinea jail along with his gang of failed mercenaries. That the financing of this failed coup was arranged through Guernsey was no surprise since mercenaries and other subversive elements had been operating under Channel Islands covers, such as the Guernsey registered Executive Outcomes Ltd – with the blessing of successive British governments – for years.

Dr Hugh Thurston, who originally appeared in Jersey in the 1960’s advising the island government with regard to Common Market negotiations had also evolved into some sort of BAE agent too because he along, with Len Day and Robert Chapman were directors of the Jersey Registered Commercial International Corporation (CIC) in 1999 which received £290,000 in payments from BAE through the BVI link. And, Thurston’s directorship of the BVI registered Arstow Commercial Corporation (another Red Diamond/BAE device) might have been even more lucrative because it was reported to have received £15 millions in commission payments, arising from South African deals.

The funds from the BAE/Saudi deals have been described as the “biggest pool of clandestine cash in history.” Conspiracy theories abound about the corrupting role of the Bush American governments or British intelligence with such as al-Qaeda, Mugabe of Zimbabwe, ANC leaders in South Africa, the Palestinian nuclear programme, and the arming of Chad, or Iran or Afghanistan subversives. Their use in other territories where mineral or other resource (especially oil or gas) might be secured or unfriendly administrations replaced have frequently been raised too.

In 2002, Michael Portillo the oh so nice former Tory Defence secretary was appointed as a director of BAE systems and he had signed an arms deal with the government of Qatar in 1996 that unfortunately, blew up in the Jersey courts in 1998. Then a chance discovery made when Standard Chartered Bank took over Gridley’s had revealed a £100 millions slush fund for Qatar’s minister Sheikh Hamad and much of this derived from previous French arms deals. But, the UK Serious Fraud Office’s Ms Garlick was determined to prosecute and the revelation of a further £7 millions BAE bung was contrary to the recently introduced Proceeds of Crime (J) Law and had to be pursued.

But, in spite of holding the hearings in secret - and the brave protestations of JEP reporter Anthony Lewis for press restrictions to be lifted – the UK SFO and William Bailhache the Jersey Attorney finally caved-in and the prosecution was abandoned with the Qatar government paying £6 millions to cover Jersey’s expenses and loss of face.
The result was typical of all failed BAE prosecutions to date.
The latest out of court £300 millions settlement this week is just the latest in a long line of diplomatic solutions that allow the guilty to escape and for the evil arms trade to carry on without any hindrance. The related London bribery prosecution against Count Alfons Mensdorff-Pouilly by the SFO has apparently been dropped.

The corruption is destructive of any concepts of democratic government in other countries and reveals time and time again how ineffective are the regulatory bodies - such as the JFSC – in supervising the Channel Islands finance business.

In Tanzania – a desperately impoverished country – a deal to supply a totally unnecessary military radar system at immense cost was sealed and a large “commission” was paid into a Jersey bank.
When two ancient British frigates were sold to poor Romania in 2003 they were to be refurbished at absurdly expensive rates and a £7 millions “commission” was paid into the Guernsey Trust Powerscourt through a Liberian company for a Mr George.

Defence Consultancy Ltd, a BVI company registered in 1997 paid £13 millions of BAE “commission” arising from S African deals into a Guernsey bank account at Henry Ansbacher for Mr Hart, an Old Etonian friend of Mrs Thatcher.

The Carlyle Capitol Corporation – a hedge fund - founded in Guernsey in 2006 went bust in 2008 with huge debts. This was described as a “shell company” in a subsequent (ongoing) New York court case and allegations of fraud have been made and it is claimed that the fund was heavily leveraged “up to 32 times.”
The fund had defaulted on 16 billion dollars and it was anticipated that clients would lose 600 million dollars. Yet just a few months before it failed the auditing accountants had declared it to be financially sound.

It is a part of the huge American Carlyle Group – through a labyrinth of Delaware/Cayman/London links - and the failure was declared as insignificant to the whole by the US management.

It seems that no matter how many financial scandals are revealed, that the people of the Channel Islands just do not care about their international responsibilities. Whether it is selling arms or chopping down a rainforest – just so long as nobody makes a fuss in the Channel Islands then there is no voice of protest or concern.

Each year too the annual September Air Show in the Channel Islands is being turned into a mere backdrop for the finance industry and a show place for the products of BAE and associated arms manufacturers. The question needs to be asked whether decent islanders should want any part of such activities in this memorial context?

Tom Gruchy

[Submitted by Tom Gruchy]

Jersey’s Royal Bailiff Michael Birt has officially launched the appeal for funds to help the victims of the earthquake in Haiti. No problem there - except that some digging in the buildings of St Helier might be rather more productive and helpful.

After all, much of the multi-millions plundered by “Papa” and “Baby Doc” Duvalier (for 28 years till 1985 the dictatorial leaders of Haiti) have still not been found or retrieved.

There may well be more millions of hidden Haitian loot in Jersey banks and lawyers offices than any amount of tin-rattling will ever raise for the victims of the current tragedy.

Is our Bailiff certain that he has done everything possible to discover if the plundered wealth of Haiti is still secreted in this Island or concealed within complicated financial devices that stretch across the world from one dubious jurisdiction to another?
Is he satisfied that his Jersey fellow lawyers and other professionals have not helped to conceal the millions looted by businesses or such leaders as the Duvaliers and that the Jersey Financial Services Commission is policing such matters effectively?

Even “Baby Doc” Duvalier himself has emerged in recent days from his Paris place of exile proposing that some of the millions held under embargo in Swiss banks such as UBS, should be released to the American Red Cross for use in Haiti.

But this is just the latest round in the cruel game being played by the Duvalier family and their professional advisers and illustrates once again the hypocrisy of the world of finance and the often sordid role of regulation havens like Jersey.

The trail of the Haitian millions runs across the globe through Panama and Switzerland and London and Luxembourg and the Caymans and “elsewhere”- that probably includes Jersey - and at least one UBS Lausanne account supposedly holds the embargoed millions of the “Brouilly Foundation”.
This is an example of a device set up under a “Liechtenstein Foundation” – just the sort of financial device that Jersey has recently introduced and embraced and is now marketing around the world with enthusiasm……..

Unfortunately, earthquakes and hurricanes, for all their terrible consequences, have not been the most damaging influences over the centuries in Haiti.
The Caribs and Arawaks, the indigenous populations were of course totally destroyed by our Colonizing ancestors even before the French imported 800,000 African slaves to make “Saint Dominique” the most productive and wealth generating place in the West Indies of the 18th century.

But, after the slaves revolted and established their own government of Haiti – the rest of the world retaliated by isolating them and after 1825 the Islanders were tied to an economic deal with France that ensured their debt and impoverishment for the next hundred years.

Slavery has not left Haiti. The island today is a regulation haven where important natural resources and production (principally bauxite, sugar and sisal) are all controlled by American corporations and many thousands, including children, are employed for absurdly low wages, in appalling conditions making toys and suchlike for foreign companies. Deforestation and environmental pollution are serious problems.

Haiti now has a population of about 8 millions but the annual budget of 300 million dollars is about half the annual budget for Jersey (population 92,000).

Haiti is already in debt to international financial institutions and foreign governments to 1 ½ billion dollars. The IMF has imposed restrictions and conditions that perpetuate poverty and indebtedness to international banks and finance institutions.

The Duvalier legacy includes a huge financial burden in the form of loans that have to be re-paid besides the destruction of Haitian infrastructure and the elimination of trained people. It is estimated that up to 60,000 of the Duvaliers’ political opponents were murdered yet the battle to bring “Baby Doc” back from France to face a Court of justice and to repatriate looted funds was led by just one Haitian taxi-driver and a priest for many years.

“Transparency International” rates Haiti among the 3 most corrupt places that are monitored. The government has been largely controlled and directed by the US Government since the 2nd world war and the CIA has been involved in all sorts of mischief in removing or enabling government leaders.

So put your shillings in the collecting boxes by all means but at the same time try to remember that Jersey’s international role is not so generous and consider whether there might be a better way to help the people of Haiti and other places.

If Jersey does have people with expertise in economic management skills and advice to offer – then there is plenty of need for this - rather than providing a haven for the plunder of despots and crooks. As they say – do you want to be part of the problem or the solution?


[Submitted by Tom Gruchy
]

It’s a great pity that the office of Jersey’s Dean has been removed along with that of the Lt Governor from the ongoing States Inquiry into the role of the other Crown appointed Officers – the Bailiff and Attorney/Solicitor General.

Deputy Bob Hill’s original proposal was of course correct. The whole lot needs to be properly looked at and this medieval branchage is long overdue for a trim.

Of course, the Lt Governor generally stays well clear of any wrangling on the matter but it just shows how entrenched this office is within the Jersey establishment because his purpose is so totally unnecessary in the 21st century by any democratic standards. But nobody in government must be allowed to question or discuss it!

The Dean does at least have some claim to doing a useful job for those who need a superstitious crutch in life and death – but why the Church of England should be treated differently and preferentially over any other religions in Jersey is certainly a matter that warrants critical attention. Is it Human Rights compliant?

But the current Dean is as much like a man of gob as man of god because he just loves the sound of his own voice and takes every opportunity to sound off in the States chamber as though it was an extension of his pulpit. Why should he be allowed to participate here – who chooses him? Who does he speak for? And why does he sit on the Parish Roads Committee?

Now is the high point of the Dean’s year because it affords him the opportunity to bow and scrape before the good and great of the Island who come into the St Helier church from their country mansions to hob [expletive] under the Christmas trimmings. But why the long suffering parishioners of the Town should subsidize the rest of the population or provide an expensive ceremonial stage for the Bailiff and his cronies is an even greater mystery than the one from ancient Bethlehem.

Since his appointment – under Letters Patent – in 2005, the current Dean has behaved like a spend, spend, spend pools winner.

Why the parishioners of St Helier cannot choose their own senior cleric but must have him (or her?) secretly appointed in England is all part of the mystery that needs to be examined but this man has been demanding £millions from St Helier ratepayers to refurbish his little cathedral (whether they are churchgoers or not).

Yet other church denominations such as the Catholics, who have far greater congregations and equally expensive buildings to maintain, receive nothing from the rates or other public funds. Why not? What manner of discrimination is this?

Of course, it’s not just the Town Church expenditure either. Under this Dean’s care the Deanery has been refurbished to an extraordinary high standard ( “because we shall be entertaining the Lt Governor”) with gold tap trimmings more like Saddam’s Iraq palaces and an integral spacious “granny flat” for “visiting clergy” (furnished by the congregation too).

The unpaid Verger “left” his post, soon after this Dean arrived, and vacated his living accommodation at Church House only to be replaced by a salaried Verger aka “Town Centre Missioner”. He was an Australian recruited from the finance industry and the living accommodation was totally refurbished and upgraded with 2 bathrooms too and he and his wife lodged at the Deanery whilst the work was carried out.

Although the Dean is supposed to be the Rector of St Helier and must have more than enough souls to save in that Parish, he has felt the need to swan around the country parishes too (“reaching out to the community”) and so he created the extra job of “Dean’s Vicar” to administer to the town-dwellers and a ½ £million house was purchased to accommodate this South African recruit. Who paid for this?

As if this religious empire was not already enough, the Dean then dreamed up the post of “Town Curate” who was sworn-in with some pomp but not a great deal of prior consultation with the long suffering congregation. Does anybody know what he does?

The Dean has also appointed a Chaplain at the prison and a 2nd Chaplain at the Hospital.

Yet, now the Dean has the cheek to sound-off about the low level of C of E staffing in Jersey and how every Parish cannot have a Rector and that the big wigs in England are threatening financial cuts and don’t have great reserves of invested wealth for Jersey to call upon and there may be cutbacks!!!!

Just what is the truth – do we need more or fewer clerics in Jersey? How many people actually attend any Church on a regular basis and more especially, how many Town dwellers worship in the Town Church?

Every year in Jersey the Royal Court carries out an inspection of a Parish to ensure that the books are properly kept and that the roads are correctly maintained etc but who supervises and regulates the business of religion?

Just what is going on with the Church of England in Jersey and just who actually makes the decisions and pays the bills and is it not time that all religion in this Island was brought under the effective and democratic control of local residents?

The current Dean may well claim that he is “called by God” but here on earth, somebody should call this Cleric and his activities in Jersey to account.

Seasonal Greetings!

Tom Gruchy

[Submitted by Tom Gruchy]

I'm sorry for the JEP. I'm sorry to my friends and family who don't live here, most of us here in this beautiful island are good folk trying to do the good thing and beat off the BULLIES who BULLY us into GST, who BULLY us into believing 100+ statements from victims of historical abuse are wrong and it wasn't THAT bad, come on old boy! The BULLIES who are trying BULLY us into more taxes to pay for their mismanagement (drove past the new incinerator today.............).

I'm sorry for the BULLIES telling me that SENATOR STUART SYVRET is a bully. That'll be the SENATOR STUART SYVRET who has the courage and decency to challenge continually and inform us of the real BULLIES are.

Cheers SENATOR STUART SYVRET, keep on being a "BULLY!"

x
[Submitted by Sick]