Syvret arrested in police raid
Monday 6th April 2009, 3:00PM BST.
SENATOR Stuart Syvret was arrested this morning during a police raid at a house in Grouville.
It is believed that up to eight officers were involved in the arrest, which happened at about 9 am.
States police confirmed that a 43-year-old man was arrested as part of an on-going inquiry into offences allegedly committed under the Data Protection Law.
It is understood that officers were today carrying out an extensive search of the property and that Senator Syvret was in custody awaiting questioning.
Read the full story in the Jersey Evening Post. Click here for subscription details. Individual editions are also available online.
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Did T le M go through all this when he “allegedly” broke data laws on housing?
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He reminds me of Buddy Holly.
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whilst I am not a fan of SS when it takes 8 policeman to bring in 1 man and yet when 2 elected officals allegedly break the law they are asked to attend the Police Station questions must be asked who aurthorised such a turn out? why did it take 8 bobbies? has the Cheif Minster lost the plot, but then again has he ever been up to date with anything????
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“Keystone Kops” alive and well living on Jersey.
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Police intelligence (an oxymoron of course) suggested that Senator Syvret’s deadly kung foo skills and crafted physique might prove to be a handful for them.
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Well, He knew, and I guess we knew also, that this was going to happen. He has exposed so much that is corrupt and underhand with all the goings on in secret and behind closed doors, and of course anyone who wants to rock the boat has to be done away with. Far too many people listening and now believing what this man has been trying to tell us-no wonder they’ve got to try and shut him up. I would not be surprised if his place was planted with covert listening devices, and wouldn’t they just love to get their hands on his computer? Luckily he has everything covered. Well Done Stuart I, for one, am right behind you. Pity there weren’t more like you in the States.
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Yes 8 policemen does sound heavy handed but 2 were probably to arrest him and the other 6 to search his place. I guess the ‘surprise raid’ was carried out because the Police thought he might destroy evidence if given any warning.
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Typical
Don’t arrest those responsible for hushing up an alleged ‘serial killer’ , instead let’s nick the bloke who broke the news and tainted Jersey’s image!!
After all, image is more important isn’t it?
*Rolls Eyes*
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The simple answer as to why it took 8 Policemen to apprehend the Senator is that he has previously stated on his blog that “they will never take me alive”.That may have been a joke, but I am sure the Police must take such comments seriously.
Also the crimes admitted by the deputies did not involve documents which are confidential as were those of Senator Syvret and it would be reasonable to assume that the Senator may have more of such documents, hence the search and the reason that the police did not give advance notice of their call.
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Shameful, The way this island is run is beginning to make me sick to my stomach. Eight officers what a joke. Surely a phone call would have done. No search warrant either. Jersey people need to wake up to this government they are a law unto themselves. We need Syvret in the states no matter what, otherwise they will do as the please without fear of someone standing up to them.
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Chief Constable suspended now this – it sounds like political policing to me.
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Since he made a comment of “you will never take me alive Copper” on his blog it is not surprising!
The main issue is that a search was to be done hence the numbers involved.
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This police action has now become international news and has further damaged the island’s reputation. Whoever sanctioned this buffoonery should be demoted. It is a total farce.
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Yes it is a disgrace, and a farce – this Island is rapidly becoming a laughing stock, and this story has reached far and wide.
We do need Stuart in the States, but ‘they’ must know he is gathering enough supporters by the hour that the tide is starting to turn very rapidly.
Heaven forbid, when was it unlawful to be truthful?
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“but ‘they’ must know he is gathering enough supporters by the hour that the tide is starting to turn very rapidly”
JG is it. Is it really? I don’t think so.
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About time Syvret got his come uppance. The police are doing their job it should have happened a long time ago.
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Has his blog actually broken the Data Protection laws? I was under the impression that anything that was genuinely ‘in the public interest’ was permitted?
Whether or not people like what was posted, surely it was ‘in the public’s interest’ to know it?
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He was arrested for allegedly publishing information contrary to the data protection law. Whatever documents he had at his house would not have been evidence of him releasing it.
The evidence is his blog itself.
The reason for searching his house appears to be wholly unnecessary as his blog, ipso facto the evidence, is not hidden.
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surely if the police did not have a search warrant and searched SS property without his permission, then they themselves are breaking the law!!!!!
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well all you syvret bashers – how is the taste of that humble pie? If he had no evidence why would he be arrested on the DPA? Sorry but justice comes before the reputation of this island and all this has done is prove to the citizens of Jersey that something is not right here – Let’s all revolt!!!
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Whatever your thoughts on the activities of Mr Syvret, this surely was taking a hammer a crack a walnut.
SS handles spin and the media well, and I’m sure he will use this shameful episode to highlight his views on the ‘Big Brother’ establishment to the full.
Spitting Image couldn’t have written a script which depicted recent activities in the Island. World Class? Well, maybe for a Circus.
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What a joke! Doesn’t surpise me in the slightest though. Of course image is far more important then the truth of what is really going on in the island not. I’ve been saying for years that we need more like Stuart Syvret.
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Do you need a search warrent to search a house in Jersey? Everyone I have spoken to today has been outraged by this turn of events. Jersey lurks from one disaster to another as far as I am concerned. What will be the next?
The eyes of the world are watching us and waiting to see what happens next.
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I think enough is enough, no matter what you care about his politics he was arrested by 8 Police Officers in unmarked cars (how long were they going to stay there until he came out I wonder?). No warrant – illigal search. Rough handled policing. No phone call for ages. He wasn’t even allowed any dignity to clean himself up. All this for a an alleged “Data Protection breach”. Time to wake up Jersey People, we are a Police State run by Currupt government officials. I would like to know who authorised this as the Police did not do it off their own back. I will be writing to my elected States members advising them that “they could be next”
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When oh when is England going to investigate all the ‘goings on’ over here?
We definately need a totally independant look at all the problems, people with no ties to the current Establishment, unlike the court case Stuart tried to bring in the UK recently.
Is there no escape from the ‘old boys brigade?’
‘Cover up’ underestimates what goes on.
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The only people who damage the Islands reputation are those who side with the likes of SS. He is a failed politician who only ever brings “dirt” to the surface for his own gains in a desperate attempt to gain some kind of creditability. This Island has many draw backs but what country/Island does not. I would much rather have the Goverment we have now than what the UK has to put up with.
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I am the author of the book ‘Forgotten’ and the Spokesperson for The Children’s Cottage Homes Project. My book covers my abuse, including rape as a child in the care of Portsmouth City Council. I am constantly amazed how local authorities refuse to except the past crimes that were perpetrated against children in their care.
To date, no single local authorities has ever said, ‘we know there were problems in the past and there are victims who need their day-of-justice and we will assist them in their endeavours and once this has been achieved, hold our heads high with pride because we did what was right.’
If only Jersey could accept what occurred and thoroughly investigate the situation. If they believe the problems will go away through denial they have been proven wrong. By fighting against the truth Jersey has made itself a target of much media attention. In fact, if Jersey believes by denying the truth, tourism will be protected they may be proven to be misguided.
By supporting the truth and announcing to the world, we will expose these wrongdoings and see justice is served.
In this, who could hold Jersey, other than an honourable state with a beautiful island, honest people and a fantastic place for tourists?
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There is a very important issue here.
Am I the only one getting bored of the States passing laws which seem utterly incomprehensible and pointless to the rest of us only to then find a huge public waste of money as States members are investigated for allegedly breaking said laws?
The States spend vast amounts of public money getting these laws drafted and implemented, largely no doubt because they think such laws are “indispensible in a modern society” (usually code for “we’re copying the UK on this”). This makes the States believe they are doing something useful, and thus justifying the absurd claim that being a States member is a “full-time job”.
Well, it shouldn’t be. They should stop making such daft laws and spend the time they save doing something productive.
Then, if one of them wants to break the law, it can be for something interesting, like murder, or embezzlement, or corruption. But alleged breaches of the Electoral or Data Protection Laws? Who (as Marvin Gaye once sang) really cares?
And the serious issue is that if people don’t know and understand the laws of the Island it brings the whole legal system into disrepute.
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Park any prejudices about S.S.you may have for a moment…This sort of performance is designed to humiliate ,frighten and intimidate…..it seems the clowns that are currently running things and let’s hope their reign is swiftly curtailed. have again dealt SS an Ace,as the bigger world where people are accountable are being given an inside look at the Totalitarian leanings of a Government that is morally bankrupt and clearly feels unassailable, making it harder to justify our independent status.The human rights boys will have a field day with this,and so they should. if you are against this slide…..write to the J.E.P….call your deputy/Senator at home,and tell them how you don’t want this.They have a duty to explain and respond to you.it is your rights that are at stake here ,not just his…Hark not for whom the bell tolls,,,,it tolls for thee……..:-(
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No search warrant was necessary as under the PPCE (Jersey) Law 2003
19 Entry for purpose of arrest etc.
(1) Subject to this Article, and without prejudice to any other enactment, a police officer may enter and search any premises –
(a) for the purpose of arresting a person whom the officer has reasonable cause to suspect has committed an offence, or where the officer has reasonable cause to suspect that any offence is in progress on the premises or is about to be or has been committed on the premises;
(b) where the officer has reasonable cause to suspect that any person is committing, is about to commit or has committed an offence on the premises; or
(c) for the purpose of saving life or limb or preventing serious damage to property
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Ade – they didn’t enter they waited for him to open the door to leave his building then stormed past – it’s disgusting.
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Well Ade, that is the worst arguement I ever heard. That law was not put in place for the likes of this matter and you know it.
1) (a) Why did the Police wait until he left the building before arresting him? If it was so important they shoul have gone straight in under your inane logic.
1) (b) Ditto (a)
1 (c) I cannot imagine the Police were there to save Syvrets life or his limb (though they night have been there to damage it) and from what I can gather the only damage done to property was BY the Police.
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John Avery
Syvret passed the law so should know its contents.
The police did not need a search warrant in these circumstances and he knows it and so should you.
My logic in not inane as you would portray it but correct as I am just quoting the law.
As for storming past yes they were justified if they thought evidence may have been destroyed. They were not on a jolly but performing their duty.
Bravo to the Police who have actually acted to stop this demagogue who thinks he is a demigod from accusing the innocent.
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senator syvret i would like you to answer one question if you are working for the good of the people of jersey why did you not tell the public in 2005 when you were first given the information on the deaths of patients at the hospital. why wait till 2009 i suspect it did not suit you at the time.
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The stupidity of the modern world part 784:
“States police confirmed that a 43-year-old man was arrested”
Hold on. We know they arrested SS, they know they arrested SS, and they know that we know they arrested SS. And yet the States presumably have passed a law that prevents them from telling us they have arrested SS so we have this stupid code (confirm…43…male).
Rather than concentrating on Data Protection (data needs about as much protection as cheese imo), the States should think about Common Sense using.
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Ade What more evidence do the authorities need? Surely naming names should be more than enough for the authorities to bring him to trial, especially if what he has alleged are lies? There is nothing anyone can do, that I am aware of, to stop people from publishing the truth.
I was always led to believe a search warrent had to be issued, maybe things have changed? Make no mistake many of the public have been alarmed at this turn of events.
I was also led to believe that the police had to allow one phone call when requested by the person detained to a person of their choice. Maybe this law has also be changed?
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truthseeker
You say “The human rights boys will have a field day with this,and so they should.”
You ignore the fact that the human rights boys (generally lawyers who couldn’t cut it in corporate) were right behind the Data Protection Law. No doubt data protection is from a human rights perspective very important, up there with being nice to paedophiles, another test where SS may allegedly fall below the requisite standard.
The whole thing will turn into a beanfeast for the useless, choreographed by the witless (that’s Human Rights lawyers and States Members respectively, btw) for the spectacle of the despairing and bewildered (that’s me and you, probably in that order).
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So why am I not surprised?Yes Stuart Syvret might be close to the bone & even sometimes over the top -8 police officers is excessive even if they are going to search.My question is he has offered to cooperate with the police previously-Usually people who offer information have nothing to hide.As the states need any information extracted out of them with pliers and then with spin-it would therefore imply,surprise,surprise that they have things to hide.And has anyone questioned why the blog has not been closed down if it was all lies?
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Jersey States Police should be reworded to: Jersey Police State
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Comment 26 . How can you say Stuart is a failed politician? H e is the only one with any credibility and his band of followers are growing bigger by the day, I for one would love to see him as chief minister and then we would be governed by somebody who actually knows what he is talking about.
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Whatever you think of Stuart Syvret and his arrest, #30 is a very informative post about the facts of the case. Thank you Ade.
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2 policemen to arrest him the other 6 were there to carry his ego!
Hes been busted, we can all make comments lets see what is found, or will you cry that it was planted?
Lets see how this one pans out, if they have and find nothing I will apologise
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Mad foetus – I think you’ll find that the Data Protection Law is not a local law but an international mandatory one – as with the deputies allegedly breaking the election law. I would hazard a guess that SS understands the data protection law completely. It exists for a reason and was not just plucked out of thin air! And to those whom it is relevant – I assure you they understand it fully.
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A further example of the exceptional “Jersey way of doing things” . Were this to have taken place in an authoritarian regime we would regard it as unacceptable, but that this takes place in Jersey is simply confirming all that we have already come to know, which is that there are certain powerful characters who are determined to bring down Senator Syvret. Perversely, Senator Syvret’s only fault is that he has shone some light into some far too dark corners, making life uncomfortable for the “establishment”. I certainly hope that Senator Syvret feels some comfort from the support of the many ordinary people in Jersey, who know that he is one of the few within the States of Jersey who has any integrity and does not have his personal interests as his first priority.
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Chief, I think the biggest cause of damage to any place is a Government that goes entirely against the will of its people, thereby leaving the inhabitants not only totally hacked off but apathetic. The greatest sign of wrongdoing in a land is when people stop voting because the procedure is so obviously flawed that they honestly believe they can’t change anything… and it seems that very little can be changed in Jersey.
These politicians are servants – yes they have to lead also, but they must serve their people. It seems that the States fail greatly in this, worse even than the UK Government. I cannot see anything more detrimental to society than a government with this kind of total disregard for its people.
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carry on the good work stuart don’t let them get to you
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Ade Judging the innocent. Since this was never brought to court, one presumes someone decided he was innocent but not proven in a court of law. So who is judging now.
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All I would say to you Police lovers would you like to walk out of your house at 9 on a Monday morning, be surrounded by 8 Police Officers in marked cars, no warrant, no phone calls, no dignity, 7 hours in a Police cell, house raided. Whether you like this mans Politics is neither here nor there. He has been treated by the Jersey Establishment no better than an opposition MP is in darkest Africa and all he did was “may” be in breach the Data Protection Action Act. He is no Terrorist but a man of conviction. The more the State goes for him the more the people of this island will see our corrupt Police State is for what it is.
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pah,
I know plenty about the Data Protection Law. The point is whether a jurisdiction such as Jersey really needs such a law, with the expense of a whole Data Protection unit (not just Bergerac fille), or whether we should just say, you know, there are some things that we are not going to bother with. If Jersey then became a hub for data abuse we could revisit, but why do we have to copy everyone else’s “best practice”.
I suspect you are right and SS knows the ins and outs of the DP Law.
I think his tirade against police bias would have more weight if he could explain why he was not prosecuted for wasting police time over the Tax Justice “blackmail” fiasco.
As an unbiased commentator, I think SS has had very leniant treatment by the police for many years.
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Am I missing the point here? I thought we elected our politicians and appointed our managers to lead us with their expertise, wisdom and vision to a better way of life. We seem to encounter nothing but drama on the high seas and storms in a tea cup. I would suggest that the bottom line is the need for the protagonists to practise responsibility, transparency, commitment, fairness, compassion, justice and above all the ability to say ‘Non’!
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If we think that SS is trying to do good by the Island then why doesn’t he give his information to the Police / Authorities at the time of receivingi t instead of waiting years and then popping it on his blog? If he is worried about a cover up he coukld still blow it wide open if nothing is done, but at least he would have followed the right course of action!
This Maverick is acting as a wild gun making accusations and implications that need pursuing through the right channels, instead he may be harming the chance of conviction by “going public”
I am not a fan of SS, I do believe that actually his intentions are good but he is so consumed by his hatred of the “establishment” that his focus has become distorted and his blog gets him the attention he craves for.
If you teh general public know of a wrong doing do you start an internet site and post it on there or do you go to the authorities? People they would have to act because SS would tell the public I went to them with this info and post copies on his site, he has I am afraid ulterior motives and they are not foir the good of our Island
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Hannah
SS has admitted he has documents which he should not and he has published that information.
The breech is actualand he has been tempting the Police to arrest him which they have done.
Adrian
SS made a phone call to a JEP Journalist
A search warrant is not needed because of the PPCE (Jersey) Law 2003 which codified common law rights.
Why do you think a policeman can search you car if he stops and arrests you because of a motoring offence?
RTFQ
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Ade (#30)
Your understanding of PPCE Law is fallacious.
Article 19 is a law giving power to the police to enter a house ‘for purpose of arrest’. The clue is in the title.
The police did not enter the house to arrest him, they arrested him and then entered the house. There is a big legal difference which means that Article 19 does not apply.
We could then look at Art 20 – Entry and search after arrest. Which is what they it.
A police officer may enter and search any premises occupied by a person who is under arrest for a serious offence or for any other offence the punishment for which is imprisonment for a term of one year or more….
You can check out the definition of ‘serious offence’ for yourself under Schedule 1 of the law but you will find that Data Protection does not fall to be considered as a ‘serious offence’. Therefore Art 20 of PPCE also does not apply.
Now, we have to consider whether an offence under the DP law would make him liable to imprisonment for a term of one year or more.
Art 61 General provisions relating to offences
(2) A person guilty of an offence under this Law shall be liable to a fine, except where this Law otherwise provides.
There are some offences under the law which carry a 5 year prison sentence but not the offences for which he was arrested.
The most Senator Syvret would receive if charged and convicted would be a fine. This rules out the other arm of Art 20 of PPCE.
Finally it falls to a search under the DP Law itself. This requires a warrant. It seems that they did not have one. If they did they did not show it to him and give him a copy which, under Art 7 of Schedule 9 they must, by law do.
7. If the person who occupies the premises in respect of which a warrant is issued is present when the warrant is executed, the person executing it shall show the warrant to that person and supply him or her with a copy of it.
It seems that whichever way you look at it, the keystone cops have stuffed it up.
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John Avery
SS is a high profile alleged offender.
He has orchestrated this whole affair in an attempt to get the maximum publicity (boost his overinflated ego)Were the police to act in any way other than in a correct, and considered legal way (the way they did act)then we would have something to complain about.
Ref ADE 30 they acted in a legal manner by entering his house in pursuance of evidence. The questions they will need to answer are many.
Was the alleged offence the only one ? Was he about to divulge more personal data illegally ?
Was he the only perpetrator.
And probably most importantly “is he innocent”.
To answer these questions in a court of law the police need to obtain evidence that they can prove is accurate and truthful, chain of evidence.
These are some of the reasons it took 8 officers to arrest poor old SS. The police had to be prepared for all eventualities.
Ref SS blog “they will never take me alive” what if poor old SS had set booby traps to injure searchers, or indeed was hiding behind the door with a shotgun. If the police were not in a position to contain the situation I am sure such minded as you would be straight on your keyboard ridiculing them.
SS has received the treatment he asked for, literally.
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regardless of the DP Law, I believe SS should have been arrested long ago for crimes against fashion. The shirt he was wearing at the time of his arrest is simply unacceptable in any civilised society.
Ade makes a good point. The truth is that SS has been goading the police for ages. Until we know why he was not prosecuted for wasting police time when he claimed the Tax Justice Network were blackmailing him, only to then fail to assist the police once the TJN provided evidence to the contrary, we should assume the police treat SS with greater leniancy than they would an ordinary punter.
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Three politicians – one English, one Irish and and one from Jersey walk into a pub. The barmaid asks each of them what they want. The Englishman asks for a cool pint of Ye Olde English Ale, the Irishman asks for a pint of Guinness. The Jerseyman asks for a glass of water filled half with water and half with Vodka. The barmaid asks him why such a strange drink – the Jerseyman says Im a politician in Jersey, the drink is potent but looks like an innocent water.
If Syvrest has nothing to hide why is he kicking up such a fuss?
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Ade what about other breaches, is it one rule for one and another for the others?
I think you will find Stuart said he didn’t make a call a policeman did it for him.
I must admit I thought a warrent was required to search a property over here. Maybe we have moved further down the road to a police state than I realised?
As per anything on his blog I think you will find that in any free society people are allowed to publish the truth. I wasn’t aware that it was against the law to do this, if this is what he has done. Maybe others think differently?
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Thank you Ade for clarifying one of the many chilling things that this episode has brought to light so far. Is it true then that, in Jersey, the Police can enter and search any premises at any time just, on suspicion? And how does this compare to UK law?
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NioleuxPosted April 8, 2009 at 10:44 am Ade (#30)
Your understanding of PPCE Law is fallacious.
Article 19 is a law giving power to the police to enter a house ‘for purpose of arrest’. The clue is in the title.
Wrong my friend the law says premises – not house – premises is all of the property and as he was arrested on “the premises” then the police entered the house situated on the premises
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PJG – thankfully someone can point out an obvious fact. If 8 officers are there to arrest him at the crack of dawn they MUST have done their homework. They would not have searched the house without a warrant if they needed one because if they did need one they would have had it. This was obviously a pre planned arrest – not a morning coffee “I know, let’s go and nick Stuart Syvret” moment.
Those that are claiming that data protection is not a crime – please can I have your phone records and bank details to put on the internet? Or is it OK for data protection to be breached if you are benefitting from some juicy gossip from SS in his blog but not OK when the details are yours?
Everyone knows how SS does his politics. He is destructive. He offers nothing to benefit the island, he only wants to destroy the establishment. His heart is in the right place but he does it the wrong way. He would not be a great Cheif Minister, because he would never stand. He cares more for his image and opinion than anything actually being right or wrong. You will never hear him admit to being wrong, even when he obviously is.
He may be different to Le Sueur or Ozouf but that doesn’t make him better. They are all equally as opinionated and dominating. SS is just as capable and just as happy to use spin as all of the others for his own benefit. Let the police do what they are paid to do. If he is innocent he will be found innocent. One thing that we should never ever do is criticise the police – they are above politics and should always remain so, and you never know when you’ll need them to be there!
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Nioleux 53
I draw your attention to
Artical 29 PPCE
Search upon arrest
(2) Subject to paragraphs (3) to (5), a police officer shall also have power in that case –
(a) to search the arrested person for anything which the person might use to assist him or her to escape from lawful custody or which might be evidence relating to an offence; and
(b) to enter and search any premises in which the person was when arrested or immediately before the person was arrested for evidence relating to the offence for which he or she has been arrested.
I think that covers it
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This was the most hilarious news I hear all week. Syvret moaned that there was no warning about the raid… Well duh!! It wouldn’t have been a raid if they gave him warning. He also said he was worried they would bug his house… because the police have nothing better to do thatn listen to Syvret all day long.
Suvret is just throwing his toys out of the pram. If you break data protection laws, you should expect some retaliation!
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when my son was accused by hearsay of stealing a mobile phone he was arrested marched round our house and the police told him they were going to search his room for the mobile.even though me and my wife were not in at the time .it transpired the person who lost their mobile was very drunk at the time and probably lost the mobile while playing about.the only reason my son was singled out was because this person had a grudge against my son ,good enough for the police though !!
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Firstly I want you to know I voted for Stuart and feel he provides a valuable point of view needed in our current states assembly. I suppose for me he is the Ying to their Yang.
Secondly…
I can’t see how the police would risk any evidence being found at Stuarts house becoming null and void by the use of an incorrect legal procedure. If this happened Stuarts Lawyers would tear them apart without needing to work overtime.
Thirdly, I hope they did not enter Stuarts house under Article 19 as….
To me Article 19 was written to enable the police to enter a building where they suspects a violent episode may take place, may be taking place or has taken place, so they can stop or prevent any episode from happening or recover valuable evidence which may be disposed of soon after the crime has been committed. Without this law they would risk any prosecution becoming voided because they lacked a warrant to enter the property.
If this was not the case then we would have no need for a law where a warrant is required as all you would need to use is Article 19 instead?
Anyway I welcome any response as I’m not claiming this is right it just seems that way to me.
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What an appalling state of affairs.
A senior politician, father of the house, is subjected to oppressive police behaviour, on the basis of some written words trying to expose what is going on in the island he has put on an internet blog.
But after countless interviews and statements from victims of abuse in the recent past, the whole historical abuse inquiry appears to have ground to a halt.
What does this tell you about the priorities and mindset of the island’s establishment.
Frightening in 2009
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(Correction to post with missing text inserted)
If nothing else, this episode appears to be laying to rest the popular belief that search warrants (duly signed by a Magistrate, Jurat,Rector,pillar of the community…)are needed when they can possibly be dispensed with.
Ade appears to know the score and has as good as told us that the police didn’t need one. Some of the recent legislation probably gives extremely sweeping power to the authorities.
For example prevention of terrorism, anti money laundering,public order and not forgetting data protection. After all it’s the public interest that matters!
Whilst I am not totally overwhelmed by the style and delivery of the Syvret Blog (he could do well to address this) I do find the content interesting. One of his previous posts rang big bells here.
With regard to the material, is he committing an offence by publishing it?
If not why has this stood still?
I am certainly very surprised that the UK and certainly Private Eye have not picked up on this.
So to summarise. Knock his style if you must because it might make him realise that it could be better, but don’t criticise the information especially if it comes from a verifiable source.
Somebody must remember typing it!!!
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A few observations.
I’m asked above by Garry #51 why I didn’t release the report on the nurse earlier.
I think Monday’s events explain that perfectly well.
It is also suggested by some that I should have taken any information concerning criminal activities or other public interest disclosures to the authorities over the years.
Dear oh dear.
Look – 80% of the shocking material I disclose has already gone through the authorities. They know about it – they generated it in many cases – as with the hospital disclosure.
And they concealed it.
The point is – I have to disclose public interest material because such matters have been routinely buried by the island’s establishment for decades.
And that isn’t just my opinion.
Many, many serious complaints – including criminal complaints – have been made to the island’s authorities, including the police, over the decades.
Many of those complaints were ignored, buried or brushed under the carpet.
As dozens of abuse survivors will attest.
ADE #30 and PJG # 61 are simply wrong.
The actions taken by the police in raiding my home without a search warrant were simply criminal offences.
Where the desperate attempts to construct some tatty justification for the action fall apart is in the failure to read laws as they should be read – in conjunction with other laws.
Whilst reference to PPCE and the DPL are mad e above – other laws come into effect.
I and those assisting me have taken some very heavyweight legal advice – and it isn’t even ambiguous. The action taken against me was simply unlawful.
I’ll save the details for the courts, but Nioleux # 53 gives a good explanation of some of the relevant factors.
It should also be noted that the DPL includes within it express requirements for search warrants to be obtained in the case of any search in respect of alleged data protection offences.
Attempting to apply PCEE to a non-emergency arrest – in direct defiance of the DPL search warrant requirement – is plainly ultra vires.
And to those who can’t get their heads around this concept – let me explain it in a simple manner.
The requirement on the police to obtain search warrants to enter and ransack your home, in anything other than emergency circumstances, has been rock-solidly established in both statute and common law in decent, democratic societies for a very long time.
Having to go before the judiciary to obtain a warrant is a check and balance upon excessive powers.
That requirement protects your rights.
Reflect upon this: in virtually all the current circumstances in which the police may wish to search a property – they could dispense entirely with the need to obtain a warrant through the simple expedient of standing outside your front door and waiting for you to exit.
There you go – your home is ransacked – and the police have not had to go within shouting distance of obtaining a warrant.
Those who are attempting to prop-up the farrago that was undertaken against me just plainly aren’t seeing the magnitude and the implications of what it is they’re seeking to defend.
Stuart
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How many Jersey police officers does it take to change a lightbulb – Twenty ?
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What is worrying is that you can be arrested for disclosing information; the disclosure of which does not threaten the security of the state.
Does this mean (putting Syvret to one side for a moment) that any whistle blower in Jersey runs the risk of being arrested for breaching data protection laws?
Is there ant public interest defence for those disclosing information?
I doubt it
This is very worrying as it puts the States of Jersey’s Police in the position of protecting the government from proper scrutiny; essentially what should be a public service then becomes a secret police force.
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Stuart.
On your blog you said “they will not take me alive”. PPCE art 28 ?
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Errata
Please read art 29 in previous post
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Totally agree Boris. Wouldn’t it be great if there wasn’t a need to properly monitor politicians but they will get away with whatever they can if they don’t have anyone willing to talk.
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Stuart – as a victim can I say that you are absolutely correct in what you say about the police knowing the dirty things that go on and then sweeping it under the carpet telling victims “there’s not enough evidence”
Keep fighting the good fight – my god someone has to…. I wonder how we can go about organising a revolution to kick the old boys out of Jersey forever?
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#67 Senator Syvret
I look forward to you testing your arguments in the courts. Until then, not being a lawyer, I reserve judgement.
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SS, can i say that if you have already taken the information to the police and they covered it up, then why didn’t you go to the JEP with your copied evidence and let them expose the cover up, this way the cover up(s) are reported by a third party and it wouldn’t look like you were acting out of turn?
As for the police if they have acted illegally then you will be able to prosecute them and justice will be done, and if you can’t it must be because they have acted within the law, I am sure that there is not one person on this post who doesn’t believe that you will allow them to cover this up, so as I say the outcome will prove whether the deed was legal or not!
SS as I say above I do believe your intentions in the most part are good but your hetred of the establishment is not winning you support, if your interests are for the best then change your tact and not so many people will be against you, its not that I am for the establishment I couldn’t care less but when you are seen now people relate your commenst to your dislike of them, so for the good of Jersey please change your tact
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“Stuart – as a victim can I say that you are absolutely correct in what you say about the police knowing the dirty things that go on and then sweeping it under the carpet telling victims “there’s not enough evidence””
On the other hand, it could be that the police and the authorities genuinely believe that there isn’t enough evidence. It is, after all, not easy to get a conviction in relation to offences that took place many decades ago to which the main witnesses were presumably minors at the time.
No, that would be daft, wouldn’t it.
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For all of you that are so “British Isles Police” friendly let us study the recent evidence of these Police Forces -
1) Ian Tomlinson – Dead (Cover up?)
2) Jean de Menezez – Dead (Health and Safety violation)
3) The use of “Kettling” (Illigal)
4) No photographing Policeman (Astonishing)
5) Barry George – Framed (£3MM payout)
Closer to home -
Health Minister (Establishment with full support of Chief Minister) admits asking someone to “slit his wrists”, no Police Charges, Stuart Syvret (Not Establishment) “may” have broken the Data Protection Act. 8 Police Officers in a Dawn Raid.
Do you all remember reading 1984 by George Orwell at school, well we are nearly there.
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PJG and Ade
Art 19 (entry and search) specifically refers to ‘dwellings’. There is a latin maxim which states that by stating one thing, others are excluded. Therefore the entry and search power may be limited to the dwelling.
Whatever the answer to that question, relying on PPCE is wrong for reasons I shall come to.
However, if you wish to use that particular law I would have to draw you to the next paragraph in Art 29, which you seem to have overlooked.
Para(3)of PPCE does not allow for any such search to go beyond that which is ‘reasonably required for the purpose of discovering any evidence relating to the offence for which he was arrested.’
The arrest was for suspected data protection offences relating to information which appeared on the Senator’s blog.
The evidence of any potential DP breach is not hidden in his house. Indeed it is not hidden at all.
It must be questioned why a search and seizure of anything (if it was purported to be carried out under this law), other than perhaps his PC, was necessary.
In any event, the real issue is that the purpose of the arrest dictates whether a warrant is required. If the arrest is for an offence for which a warrant is required to search, then the police cannot circumvent the law by attaching powers from other laws to it, as is the case here.
Otherwise, why would the legislator bother writing into the law that a warrant is required?
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Stuart
I think it is incumbent upon you to tell us about your claim that the Tax Justice Network blackmailed you.
The reason for this is simple: it is to my knowledge the only example of you making an allegation which another side was in a position to contest. After all, an allegation of a cover-up cannot be contested as it is non-specific.
You have made numerous allegations over your career. However, in that instance, to my knowledge the only time someone “called your bluff”. The Tax Justice Network refuted your claim and said they had evidence to prove their side of the case.
Shortly thereafter you claimed you were too busy to assist the police and the criminal investigation you instigated was dropped.
It is important to know why, on that occasion, you did not back up your allegation. Until that matter is cleared up, there must be some doubt about whether you have the evidence to back up any of your allegations.
Or to use a poker analogy, you raise the stakes all the time, and on the once occasion you were called, you folded.
And you can see why, given the allegations you have made, that would be a matter of the highest interest.
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I would just like to say that, whatever the outcome of this, I think it is the funniest thing I have heard in a long while and, in my opinion, it couldn’t have happened to a nicer guy!
On a more serious note, I would point Syvret’s supporters in the direction of David Warcup’s (Acting Chief Officer of SoJP) letter to the JEP today where he states that the paper ‘was not in possession of the full facts and the States police are not in a position to respond due to the ongoing investigation’.
As many posters have noted (deluded conspiracy theorists aside), the police are unlikely to have taken this action without good reason.
Methinks Syvret’s days of making wild unsubstantiated allegations against people he doesn’t like are numbered.
Let’s hope, for his sake, that he was a good carpenter!
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SS what Article of the ECHR as codified in HR legislation will you be going for?
Forgetting Articles 1 and 2 which even you may find ridiculous
Article 3 – torture with our PC Plods as you denigrate them scarely feasible
Article 4 –servitude perhaps you view your jihad as forced labour
Article 5 – nope you were arrested on suspicion of a crime which you have admitted in your own blog
Article 6 – nope trial still to be held
Article 7 Not exactly retrospective legislation in the case of DP is it
Article 8 – not as the correspondence you seek to protect may have been made public by your own blog and perhaps filched
Article 9 – you hardly are a prisoner of conscience
Article 10 – You can criticise and have done so.
Article 11 – you associate with whomsoever you wish
Article 12 – you are quite free to marry
All the rest are so obtuse that I doubt even you would seek to invoke a breech.
You are a Don Quixote character bent on tilting at windmills an with an agenda the rest of us find hard to fathom.
Rather than there being a farrago you seem intent on leading a fandango
BTW the PPCE does not say emergency – try re-reading the law
If I were arrested for drugs at my home they could search my house – hardly an emergency but done to preserve evidence!
You helped pass the law try reading it instead of using smoke and mirrors to say what you wish – the old Pepper’s Ghost trick.
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SS,
these are my thoughts, you may be interested, you may not,I am a voter.
8 police officers were tied up in your arrest this is because you are a high profile suspect.
They knew as soon as you could you would be blubbering all over the place how your rights have been violated. Those officers would have been better employed elsewhere, It is your modus operandi that necessitated such a number. You probably planed it so.
You have been hovering on the line of guilty or not guilty of DPA offences for a long time, there is not only the letter of the law there is the spirit of the law. If not guilty of the first you are in my mind most definitely guilty of the second. You are a past master at drawing otherwise well meaning characters into your mire of half truths and unsubstantiated inuendo.You scream for justice, yet as soon as you are accused you become the barrack room lawyer quoting the intricacies of the law for your own defence the same intricacies that make it difficult to bring some historic cases to justice.
There will now be far too many police, lawyers etc tied up arguing about fine detail of your case because of your antics, these resources are needed for far more important things than to massage your ego.
You do this on purpose WHY??? You have acheived nothing for anybody.
You are educated, You had (note passed tense)the backing of the majority of islanders (I once voted for you)You were a breath of fresh air, now something stinks. You were in a position to do something positive for victims you say you care so passionately about.
Now through your antics you have become a joke. Anything you support becomes tainted with distrust.
It will take a lot of navel gazing, but please direct you obvious compassion and intelligence to doing things in a correct manner, you have the opportunity dont throw it away use it wisely. Perhaps then those that can make a difference will listen to you.
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Nioleux 78
For my mind his saying”They will not take me alive” and other outbursts of irational behaviour. It places the incident firmly at the door of art29
Search upon arrest
(1) A police officer may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the police officer has reasonable grounds for believing that the arrested person may present a danger to himself or herself or others.
(2) Subject to paragraphs (3) to (5), a police officer shall also have power in that case –
(a) to search the arrested person for anything which the person might use to assist him or her to escape from lawful custody or which might be evidence relating to an offence; and
(b) to enter and search any premises in which the person was when arrested or immediately before the person was arrested for evidence relating to the offence for which he or she has been arrested.
(3) The power to search conferred by paragraph (2) is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.
(4) The powers conferred by this Article to search a person shall not be construed as authorizing a police officer to require a person to remove any of his or her clothing in public other than an outer coat, jacket, gloves or headgear, but shall authorize a search of a person’s mouth.
(5) A police officer may not search a person in the exercise of the powers conferred by paragraph (2)(a) unless the officer has reasonable grounds for believing that the person to be searched may have concealed on him or her anything for which a search is permitted under that sub-paragraph.
(6) A police officer may not search premises in the exercise of the power conferred by paragraph (2)(b) unless the officer has reasonable grounds for believing that there is evidence on the premises for which a search is permitted under that sub-paragraph.
(7) In so far as the power of search conferred by paragraph (2)(b) relates to premises consisting of 2 or more separate dwellings, it shall be limited to a power to search –
(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his or her arrest; and
(b) any parts of the premises which the occupier of that dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
(8) A police officer searching a person in the exercise of the power conferred by paragraph (1) may seize and retain anything the officer finds, if the officer has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to any other person.
(9) A police officer searching a person in the exercise of the powers conferred by paragraph (2)(a) may seize and retain anything the officer finds, other than items subject to legal privilege, if the officer has reasonable grounds for believing –
(a) that that person might use it to assist him or her to escape from lawful custody; or
(b) that it is evidence of an offence or has been obtained in consequence of the commission of an offence.
(10) Nothing in this Article shall be taken to affect the power conferred by Article 39 of the Terrorism (Jersey) Law 2002[25].[26]
We will see what the magistrate decides.
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re ”They will not take me alive”
I have just located that comment on his blog and I would defy anyone to say that the context in which that was said, was anything other than in jest.
It would be weak in the extreme to use that as justification. Surely even our plod would not attempt to rely on that as ‘reasonable grounds for believing’ he would harm himself.
He seems to have been expecting a knock on the door for weeks and he hasn’t topped himself.
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Stuart (67)
What a shame you have to reiterate the facts that you have already taken almost all of your findings to the relevant authorities, and it is THEM who have reburied it all, and covered it all up all over again, or are not prepared to do anything about it. Things that the public have a right to know about, and you have been driven to expose all these things in such a manner, in order that the layman can grasp what has been buried under their very noses, again and again.
I suppose some of it may seem far fetched and unbelievable to someone who has not followed your blog, and has seen time after time all the things you have tried to expose being yet again, swept under the carpet.
I’m sure you have also stated that you have supplied evidence (backed up by proof) to the JEP only to have them decide not to publish it at all.
How totally frustrated you must be with all this.
I salute you, I wish people would realise Stuart is one of the few who is on OUR side, and all he does is for OUR benefit.
Good Lord all this certainly doesn’t benefit Stuart, no metter which way you look at it.
Come on people, please open your eyes!
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nioleux
Jest or not, are you seriously suggesting this should be ignored when police are organizing an arrest ? especially one of such a high profile ?would you mention “bomb” even in jest, when checking in for an aircraft. This man is a senator of the house one does not expect lies from him even in jest.
Also you would have been correct in your assertion that a warrant was needed had SS not been arrested.
He had been arrested, PPCE 19 & 29 come to the fore
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Linda and others
It would be helpful if Stuart could comment on the one occasion when he was challenged about a specific claim he made, namely the Tax Justice Network alleged blackmail.
Until he does, I am going to have to assume that he has previously made allegations that he cannot support. And if he has done it once…
That is why it is essential he give his side of the story, so that we can judge whether he is a man of substance or a boy who cries wolf.
It will be interesting to see whether he has the courage to do so. Otherwise I will assume he is happy to make accusations about those (the dead, civil servants, moderate politicians, the police, the “establishment” (who the heck are they?)) who he knows cannot defend themselves in the bearpit he has made his own. But as soon as someone stands up to him, he runs away. I think there is a word for that sort of person.
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I have read Seator Syvret’s replies. I have one question for him. Are you prepared to repeat any or all of them under oath in a court?I’ve heard a great deal from you in the various media.If you belive that your allegations can be substansiated. Put them on record in the form of a sworn affidavit. Otherwise what’s to stop say ME making wild alegations about say, YOU?
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also Linda, when you say ” I wish people would realise Stuart is one of the few who is on OUR side, and all he does is for OUR benefit,” many of us think SS couldn’t get a job outside the States that would pay half his current salary, and that he is the chief beneficiary of his position.
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Senator Syvret has been democraticaly elected by a majority vote on more than one occasion, it follows he must be doing something right, or are we that voted for him being duped by a Harry Potter look alike – are all 15,000 of the electorate rabid conspiracy theorists – as anti Syvret folk like to suggest?
The comment ‘you will never take me alive copper’ was – in my opinion, a jokey response to an informal offer to have a chat with an off island police officer involved in one of the numerous investigations into investigations that appear to be taking place at tax payers expense……….
Meanwhile what is actually happening in the investigation into what occured to children at HDLG and numerous other establishments set up to look after the welfare of children in need if social care?
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I can’t beleive eight police for one man and they waited for him to opened the door, ridiclous behaviour from our police….pathetic, imature and childish…How much did this cost the taxpayer? Well?
You have it out for SS every since he brought things to the public eye yet Why pick on SS because he fights and stands by the people on the island and is a man of his word….
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Mo 91
A lot less than the HDLG fiasco
Abuse yes mass murders with a cover-up on a biblical scale as envisaged by Cecil B DeMille most definitely not
As for the hurt he has caused a former nurse who possibly not prosecuted for lack of evidence how much is the real cost of that?
The man acts like judge jury and executioner like some medieval monarch or a despot from some despicable regime.
When he is actually arrested for breaches of law he cries foul.
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I should have said alleged breaches of the lawbut this is a moot point as he seems to have admitted his guilt on his blog previously,
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1984 a very good read. I suggest others get hold of this book. Much in it now applies today, more will apply in the near future. Very insightfull.
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Adrian, it is true, George Orwell got spot on a long time ago, I try my best to have no contact with government (other than paying my taxes / Social Security / Rates etc) but of course I have no idea how they Police me. Passport / CCTV / Swipe Cards at work / Debit Cards / Mobile phones…. we are stuffed, there is no privicy any more, the authorities ask you “if you havn’t got anything to worry about what is your problem”, I do not trust the Police any more
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Well,
interesting that SS remains silent on the TJN blackmail affair.
After all, normally he has lots to say about everything.
His blog keeps on insulting the police, so its a fair question to ask why he reported a matter to the police, which the other side then claimed to have the written evidence to refute, only for SS to then say he was “too busy” to look into it any further.
Given that he believes the police are incompetent and corrupt, why did he report the matter in the first place?
Was he telling the truth?
Why did he not press the case?
Was the decision NOT to prosecute SS for wasting police time politically motivated?
Is this a cover up?
All the info is on the internet: you can start at the thisisjersey website.
http://www.thisisjersey.com/2007/09/14/syvret-drops-blackmail-case/
Until SS answers these questions, it seems clear that he is someone who will make allegations to the highest level (the police, the courts) and then run away when he is asked to provide evidence.
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You may ask why I keep banging on about this point.
The answer is simple.
SS made an allegation in the JEP. He instigated a police investigation. In my book, reporting a matter to the police is as serious as making an allegation gets.
If the allegation had substance, why did SS not follow it to its conclusion?
If the allegation was without substance, why should anyone trust anything SS says?
And why, if he has nothing to hide, will SS not defend himself? After all, he’s never been known for keeping quiet about anything before.
And I would ask all of those SS supported who go on about his “integrity” and “courage” to actually think about the above.
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The police took 8 officers with the intention of carrying out a search of the Senator’s home. The arrest was a ruse to justify their action. The acting Chief Constable condones their deceit.
Is this an isolated piece of corrupt practice by the police or is this the norm? It would be good to have figures on the number searches conducted after non-emergency arrests.
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Mad Foetus 87&89,
Unfortunately I know nothing of Tax Justice Network, it could have been before my time and interest in politics. Obviously I am basing my judgements on the things I have read on his blog over the past months.
You suggest that he may have made allegations he cannot support – a bit like the Perchard incident would have been? Thank God there were some honest people who did actually stand up for him, and to actually drag out a tape recording from a year before, why hadn’t we known about that then?
I don’t believe Stuart has made any allegations he cannot support, the proof is supplied to his readers in black and white, and if you need to know who the ‘Establishment’ is, then read all about it, the copies of letters and documents he has posted speak for themselves, and I for one, am the ‘public, and it’s not in my interest’ to know about all this? Says who? I’m interested, and I need to know, thanks to Stuart I do know.
As far as I’m concerned the historic child abuse cases are not the only subject Stuart has put hours and hours of hard work into, ( and emotional pain ) he has done his homework on many other cover-ups, and strange goings on behind the scenes and I think he is one of the best value for money Politicians we have in the States today.
At least he does not lie, or cheat, or say he will vote one way then vote the other, he’s worth every penny, at what price integrity?
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Linda,
It was 2007. If you know nothing of SS’s history pre-2007 and base your judgement on his blog and by nature believe unquestioningly everything you read no matter how absurd and regardless of evidence to the contrary you will of course have that view.
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Mad Foetus,
I wouldn’t say I’m believing unquestioningly everything I have read no matter how absurd and regardless of evidence to the contrary, I am believing evidence put in front of me invariably sent and answered by senior members of the establishment whereby they have refused to either mention it to the electorate (and hence they have become secret documents etc.) and also situations where nothing has been taken forward to what most people I know would think was a satisfactory conclusion.
So, the ‘evidence to the contrary’ is not contrary at all, in fact it proves his point rather.
Anyway, you have your view, and I’ll have mine, and we’ll agree to disagree.
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I personally have evidence for some of the things on Senator Stuart Syvret’s blog.
There are some nasty dirty cover-ups in this islands, in fact many things do stink to high heaven. Linda is correct with her comments in my opinion, and it is high time all the islanders had their eyes opened.
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#102 Linda
Can you name some of these things? I am anxious to understand what people mean when they talk about cover ups, etc but when I ask people to be specific they can’t provide the evidence. Can you help?
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Interesting how many take the “You’ll never take me alive” comment as a ‘joke’ or in ‘jest’. Whilst this was probably the case if it had been TLS, PO or PP I bet these same people would be calling for their resignation.
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