THE Bailiff and Attorney General have spoken out strongly against attempts to bring in UK judges and prosecutors in the major child abuse investigation.
The Bailhache brothers suggested that it would be as preposterous for the UK to interfere in Island judicial affairs as for Jersey to appoint an Old Bailey judge.
Speaking yesterday in the Royal Court at the annual Assise d’Héritage, at which Island lawyers renewed their oaths, the Bailiff, Sir Philip Bailhache, said that the independence of the court from political interference was one of the pillars of democracy.
He said: ‘The unusual suggestion that a Minister of the UK Government might send a judge to preside in this court, or a prosecutor to usurp the functions of the Attorney General, has as much legal foundation as the notion that the Chief Minister of Jersey might appoint a Commissioner of his choosing to go and sit at the Old Bailey.’
The Bailiff was referring to moves calling for Justice Secretary Jack Straw to appoint UK judges and prosecutors for the child abuse inquiry.
• Picture: The Lieutenant-Governor, Lieutenant-General Andrew Ridgway, and the Bailiff, Sir Philip Bailhache, lead the Jurats and lawyers to the Town Church before the Assise d’Héritage Picture by Rob Currie (00588796)
Article posted on 16th September, 2008 - 2.59pm
15 Article Comments
It only proves the point that an independent judge and jury should be brought in when you listen to the speeches of both the Bailiff and the AG. It’s obvious that they both have the same agenda. Was it really appropriate to use the Assise as a political soap box, I don’t think so. This tragedy should not be about politics but about doing the best for the victims and I think they would be best served by people who have no connection to the Island.
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Smacks of the “old boy” school merely attempting to cling to the old values. I think it is time for change, and yes, it is time for someone outside of the island to preside over this high profile case and show some impartiality.
Time to leave your ego at the door, Gentlemen.
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Jeanne is, if I may say, so correct. If the prospect of bringing in a judge to preside over any trial is a bridge too far then surely appoint prosecutors/counsel who have experience of this sort of case. That must be in the interest of any victims but also the Island since then no accusations of ‘cover up’ could then be made
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“Sir Philip Bailhache, said that the independence of the court from political interference was one of the pillars of democracy. ”
Seems to be the perfect argument for the abolition of his dual role in the states!
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I totally agree with the above, what are they frightened of? and why are they promoting ‘independence’? looks like someones rattled, maybe the truth will finally come out.
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They simply need to get over themselves. Wake up and smell the reputation boys.
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Agree with all the comments above, again it is the “old boy” network. The only way the investigations would have any credibility is if an independant judge/jury from outside the island heard the cases.
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The lack of oversight of Jersey’s political and judicial functions is one of the biggest problems our ‘democracy’ faces. No opposition party to hold the governing oligarchs to account, no independent system to keep the judiciary in check – doesn’t look good let’s face it. Now we have these two brothers saying we have nothing to hide but don’t send anyone over here to check. Magnifique. And all over some of the most horrific crimes that it is possible to commit; the abuse, rape, torture and possible murder of the most vulnerable young children in society. I can only think that the Bailhache Boys are doing their best to hasten the day when this anachronistic system gets sorted out properly. I applaud their efforts.
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There is a lack of confidence by the public in this matter that has been self inflicted. No judgement here just cause and effect.
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Many of the cases with which the Royal Court deals are heard by Commissioners from outside the Island. They may be appointed on an ongoing basis, or they may be appointed in respect of a single case. Where there is a perceived conflict, or where one party cites as much, the case will be heard by such a judge. None of the media has drawn attention to this fact. As for the matter of the lawyers from outside, calls for this fail to take into account that the Island has a strong independent bar. Contrary to popular belief, by no means all of those lawyers “play golf with the establishment” or have any agenda, hidden or otherwise. Lawyers from England or elsewhere are, in any case, not qualified to practice law in Jersey and would not be entertained in the Royal Court.
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Having followed the unfolding of the Haut de la Garenne story and seen the obstructions put in the way of the police by the Legal Beagles to bring these abusers to court, I believe there is every reason to bring in impartial judgest from the UK because a great injustice is obviously being done to these abused people.
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The Royal Court is often presided over by judges from the United Kingdom. They are called Commissioners. The Appeal Judges are usually from the United Kingdom. The media omits to mention this. An English Commissioner will sit where a conflict, or the possibility thereof, is raised.
Lawyers from outside the Island are not qualified to practice the laws of Jersey and would not be entertained by the Royal Court. Calls for the same are misconceived.The Island has a strong, independent bar and it is a pity that this profession is allowed to be insulted en bloc. Most local lawyers have no agenda and do not “play golf” with establishment figures.
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Jersey got through the last war without the assistance of the UK Government and I feel sure it will get through this one without their “assistance”.
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Bernard, without the UK you ‘d be speaking German… outside intervention is needed, especially in this case due to the nature of the crime and the poor governance of Jersey. The Brothers are not doing a very good job of it so far
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Bernard…I don’t believe it! Got through the war without the uk! If the UK hadn’t gone to war with Nazi Germany Jersey would still have a Swastika over St Helier town hall!!!It’s like the UK saying we got through the last war without America.
Cancel all free healthcare and send in the UK Judges I say if that’s how the people of Jersey think!PS Think external scrutiny of Jersey Childcare system is essential in order to protect the most vulnerable in your society.
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