Overkill that will backfire
Wednesday 8th April 2009, 3:00PM BST.
THROUGH an internet blog which is relentlessly intemperate, reckless and often deeply offensive, crass public conduct calculated to outrage and offend, and wild allegations of conspiracies at every possible level, Senator Stuart Syvret has been diligent in casting himself in the role of a thorn in the flesh of the establishment.
It was this kind of behaviour – rather than his much-vaunted but highly questionable reputation as a child abuse whistle-blower – that cost him a place in the Council of Ministers. More recently, it also played a part in provoking a States colleague to urge him to commit suicide, a foolish and callous response which should cost Senator Jim Perchard his own ministerial post.
However, although Senator Syvret resolutely refuses to play by the rules and might have gone as far as breaking the Data Protection Law in his determination to plough a lonely and obsessive furrow, he has just been treated badly, inappropriately and even absurdly by the forces of law and order.
There can be few Islanders unacquainted with events which unfolded on Monday when the Senator was arrested at his home in Grouville. It is nevertheless worth spelling out that a duly elected Member of the States of Jersey was arrested by a team of eight policemen who arrived in four police cars. He was then detained for more than six hours at police headquarters. During that time he was questioned for an hour and a half and his home was subjected to a comprehensive and inevitably intrusive search. Ultimately, he was released without charge, though inquiries continue.
This bizarre chain of events raises deeply troubling questions about the attitude and judgment of the States Police. Had it been launched in response to a serious crime or imminent danger to the public, it might be comprehensible and entirely justifiable. The same cannot be said of suspected offences of a kind which could be investigated less dramatically and aggressively.
The episode also raises questions about the level of seniority at which the decision was taken to subject a States Member, however provocative, to treatment of this kind and about the future implications for all citizens of this application of powers tucked away in the relatively new Police and Criminal Evidence Law.
Senator Syvret’s actions have on more than one occasion been irresponsible, unpleasant and legally questionable, but the heavy-handed approach adopted during his arrest and lengthy detention, as well as being excessive and plain wrong, have played directly into his hands, politically speaking. He has always appeared to want to be a martyr and his martyrdom in the eyes of those who share his ludicrous vision of a corrupt state bent on limitless cover-ups, victimisation and systematic injustice is now absolutely ensured.
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Ludicrous is how I would describe your comparison of 7 hours in the polce station with martyrdom. Effete is how I would describe your whole article. This was serious abuse of the powers of the police. How often is this inflicted on those who are not as articulate and media-savvy as Senator Syvret? Does your newspaper care?
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Whilst the heavy handed approach may be regretted the fact remains that the law enforcers doubtless had good reason to use such numbers, perhaps to prevent destruction of evidence in the event that either less personnel had been used or advance notice given of the arrest. I suggest that rather than making waves, as this particular individual has been doing for a number of years, it might be more prudent to wait for the outcome of the arrest together with any following legal action. This individual has attempted to martyr himself on a number of occasions lets see if the police have managed to do it for him. As they say ‘what goes around comes around’.
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i support ss wholehearedly. He is one of our most honest and able politicians. Don’t know if you have noticed but there is a lot of dead wood amongst the rest. Agree that arrest was appalling. Or Marquand says it was an operational decision and nothing to do with him. The AG says it was not him so who is accountable. But hey we don’t do well with accountability as is evidenced everywhere in all the sham of recent events
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No 1. In what way was this an abuse of the powers of the police? They arrested a man who considers himself above the law. 2 officers to arrest him, 6 to search his house for evidence of the alleged offence for which he was arrested, which they are perfectly empowered to do. No search warrant was required as Syvret and his advocate Sinel know only too well. So the issue is? Oh yes, Syvret got some of the treatment he demands is inflicted on others. But of course the law should only be applied as Syvret dictates it…. Funny how everyone he names on his blog is guilty because he says so, yet he whines when the law is applied to him. Funnily enough the law applies to everyone, including Syvret and his deluded worshippers.
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How could an internet blog have played any part in “provoking” Senator Jim Perchard? It is easily avoided by anyone not wanting to read it.
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‘They know nothing’ – if the AG and Le Marquand ‘don’t know’, heaven help us!
And people wonder why we need blogs such as Stuarts, and the requirement, through sheer frustration to use them as an outlet for all we feel is so very, very wrong with this Island.
No-one is denying (Euan Mee)that when the law needs to be applied it should be and I am sure Stuart himself would agree. However the differen
ce being it should be applied lawfully, and not in the ridiculous heavy handed manner in which it was. They were not arresting a serial killer but investigating a Data Protection breach for goodness sake. We are living in a Police State – this has confirmed it. Wake up those who still can’t see it.
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Angry, dispirited, hopeless and forlorn at the new depths Jersey has sunk to …
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It would be nice if for once, the leader was slightly less miopic and partisan.
They have to admit that the recent action against Senator Syvret was bizarre, menifestly oppresive and quite possibly illegal; but they have to keep digging at the Senator.
We all know he is arrogant, abbrasive and out-spoken – and thank god he is. He often say whay the JEP is too timid to say but should not be criticized for his efforts.
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The A.G is quick to say that inm the eys of the law – all men are equal. No argument there. But this does not explain why Terry le Main can be accused of breaching the Data Protection Law but his prosecution is “not in the public interest” whilst Syvret gets the fully Sweeney.
The leagality of the police raid will be argued in court, and then at an appelant court.. in the final analysis most informed people believe the actions were ultra vires and illegal.
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anybody who is defamed on any Blog can sue the owner.
But they have to prove that was has been said is untrue. Thats a huge obstacle to some.
Others will hide behind the excuse of “why sue is the respondent has no money to pay compensation”
The obvious answer would be that if one was to sue and get a conviction, they would rebutt the allegations and secure a huge moral victory.
But so far the silence of the defamed is deafening.
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What will be the next move against Syvret? A baton charge from behind?
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Who says no search warrant was required – this is a point that is very very ambiguous in this case and I dont think enough facts are out yet, the powers under PACE are emergency powers of search when an arrest is made on a premises they cannot be exercised when an operation is planned and there is sufficient time to obtain a warrant under the data protection act, the very act that they are pursuing Syvret. Secondly, the section in PACE cannot be used when the maximum punishment for an offence is a fine and under the data protection act the maximum penalty for an individual is a £5000 fine I believe again negating the use of this section. Emergency powers are just that, they cannot be used to try and circumvent a section of law that exists to make things easier. Love or hate Syvret I think they may well have made a big mistake with the search of his property and if they have any evidence that was gathered would be impermissible in court as it would have been obtained under an illegal search regardless of the fact that Syvret would then be able to throw the book at them.
Even so, regardless of this argument surely if you want to arrest someone so controversial and clearly willing to pick a fight at any opening or potential weakness he may see you make sure you are whiter than white and obtaining a search warrant would have meant that there wouldn’t be any debate over the legality of the search it just seems really strange that they didn’t get one to ensure that there was no risk of problems or ambiguity.
As I said, love or loath him this could definitely have been handled better!
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Well if the article is right SS will sue and that will rebalance the situation. If there isn’t a case to sue then we know the Police were not out of order.
Quite simple really.
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Watching these events from the mainland is like watching a macabre soap opera. A group of desperate men doing their upmost to discredit all and sundry in order to destroy the abuse inquiry.
Jersey is not as unusual as you think. Almost every historical Abuse inquiry on the mainland has elicited similar responses from local élites, often aided and abetted by the UK Historical Abuse Denial Movement. The leaked email to the Journalist Rose is it self worthy of investigation, and so too is the approach made to the Forensic Archaeologist (a witness) by a well known guru of the Historical Abuse Denial movement. I hope Jersey people will support Senator Syvret, and indeed join him in challenging the blatant, arrogant and undemocratic behaviour of those in the States
GASKIN
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How ridiculous is this……their aren’t enough police on the street to prevent vandals and theives! You cant find an officer when you really want one yet they can send 8 up to Senator Syvrets house for a data protection act! Talk about daft!! Surely the other ministers and police can see how appaling this looks to the rest of us???????
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If, as some suggest, no search warrant is required to search for evidence relating alleged breaches of the data Protection Law, why did the legislator go to the trouble of writing it into the law that a warrant is needed?
Using PPCE powers like this seems to remove the requirement to ever have to obtain any sort of warrant ever again, for any allegation.
Something about that is very wrong.
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Well, they always need a scapegoat, and lets face it the more you give Stuart Syvret a hard time when he is actually right about virtually everything, the more we are inclined to support him.
As much as you may all try with your bullying tactics and your pathetic excuses for keeping your jobs we actually like Stuart Syvret because he does not brush everything under the carpet.
Everyone who slates him for the child abuse enquiry and why it wasn’t brought up earlier should get their facts right before slinging mud. There are reasons why and probably very good reasons why this was not brought up earlier. Being in a home myself and suffering a great deal of stress because of this enquiry and the repercussions thereto I still support him because, unlike the rest of our idiotic government he actually gives a toss.
The problem that we have over here is that, before the departments were re-organised the education department actually oversaw all the homes etc. There are so many other aspects of the enquiry that you joe public have no idea about and a lot of witnesses have not come forward because of the damage already done to their health. (Not that many of you would be able to ever comprehend)
As always, anyone who actually cares and wants to do good for this island is ridiculed, same old Jersey mentality. Conform why? To be as blinkered as a materialistically driven as the rest? Go forth,multiply and have a bit of humility for gods sake.
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And to add, there are a lot of youngsters in care who did self harm and try to take their own lives for having to take responsibility for things that they should never have experienced ever, am disgusted with our so called ‘Health’ Ministers comments and conduct throughout this.
We should have an open forum, states members and public present, and lets just see how, in public, they conduct themselves. Moral higher ground our lot of government? No right to even think they could possibly be worthy of it.
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‘released without charge’ is surely the critical aspect of this.
So was the whole search arranged in the hope that they could find something to pin on him? Either he had broken data protection laws through his blog, in which case they already had the evidence to charge him, or he hadn’t?
Can the police now search your house under some ridiculous guise in the hope of finding that you have a some point committed a crime they can charge you with?
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I agree with Alan (#2) – the police do not simply drive around picking people out of the phone book willy-nilly and saying to themselves “today we are going to raid THIS person’s house” – they must have had credible evidence, supported I assume by a valid search warrant, to enter the Senator’s property, arrest him, and conduct a thorough search of his property and belongings.
That some may feel the action was disproportionate in terms of the *manpower* used is of little relevance in my eyes – I would agree that the police’s response was ‘heavy-handed’ had they gone in with tear gas and riot shields, but no – this action was (I assume) undertaken based on the strength of evidence provided to the States of Jersey Police, which will become apparent as the facts are released, in the fullness of time.
Better to wait for the States Police to present us with the facts supporting their decision to make the arrest and the search, than to accuse them of a witch-hunt when we don’t know what they know.
Ultimately if it transpires that they had good reason to act as they did, all this criticism will cease, and they will be applauded for acting on good evidence.
At the end of the day, we are all bound by the laws of Jersey, and nobody ought to be, or to consider themselves to be, above them. Data Protection Law does not favour one above another, and imposes strict and stringent burdens on those people that would seek to retain the personal data of others, stipulating how (if at all) that data can be used, reproduced, etc., etc., and regardless of anybody’s personal views on the Senator, if he broke the Data Protection Laws of Jersey, he ought to be punished for it.
Let’s just wait and see !
!?!?! Puzzled !?!?!
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Leah
As the police were without warrant and so wish to fall back on, presumably, Article 29 of PPCE, the position is this:-
The power to search under Art 29 is only to the extent that is reasonably required for the purpose of discovering any such evidence relating to the specific data protection breach. It is a limited power
As you say, the evidence they are looking for is on his blog, Not in the children’s bedroom, the garden shed, the attic or the dog kennel. I would suggest that the very most that they would have had to do was to seize his computer.
It is quite alarming that they appear to have seized a number of sensitive documents, the possession of which does not break data protection laws.
Very worrying
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Thanks Nioleux
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Nioleux
You ascertain there is “no” evidence in Stuarts dog kennel !
The police would first have to look in said kennel before making such a statement.
Can you please lend me your crystal ball I want to buy a lottery ticket
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PJG
While you may feel self satsified with such a crass comment I suggest you consider my earlier post properly and then ask yourself this:
Where would you reasonably expect to discover evidence of a data protection breach which has occurred via a blog on the internet?
If you still consider that a reasonable man would discover such evidence in a dog kennel then I would not recommend you for a position in MI5.
Although our local constabulary might be interested in your application.
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I think that we should wait and see the outcome of this case, rather than speculate as to what is going to happen and back it up with crazy statements like ‘he (SS) is actually right about virtually everything’. One thing is for sure is that the only real professionals here are the police who are going about their business which is to investigate criminal action. We can all make controversial statements but it is clear to me that the police action is legal (they actually know the law unlike many contributors) and the amount of officers seems proportionate for a search of that scale. If SS has broken the law then he will be charged and whatever any conspiracy theorists have to say on the matter is he has not broken the law he won’t be. Either way the time where the police force stop investigating possible crime just because of the risk of a politician publishing negative comments about them is a time where they lose their independence. We are fortunate here in jersey and let us be mindful of that.
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The responsibility for the police ‘faux pas’ must rest with the SJoP senior management.
They say that failing to plan is planning to fail – or proper planning prevents pathetic performance. Whether or not Article 29 P.P.C.E. gave the police powers to search, is neither here nor there. It would surely have been good practice for the police to have obtained a search warrant before they went to S.S.’s home – didn’t they seek advice from the Crown Offices?
Senior officers in the SJoP need to review their procedures in dealing with such cases, which they must have known was highly likely to be high profile.
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Maybe the police were just on a fishing expedition, as they were when they pulled the same stunt on the MP Damian Green. In the latter case it has been revealed that they searched his email for anything relating to Shami Chakrabarti, director of Liberty, which had nothing to do with the offences of which he was accused.
Perhaps the Jersey police wanted to find all correspondence between Senator Syvret and people involved the abuse scandal, including Lenny Harper?
It would not be surprising if no charges are brought against Stuart Syvret but the police now know everything he knows about that inquiry and other matters.
Despite what this editorial opinion states, you don’t have to be a conspiracy theorist to suspect the motives of the police and whoever approved the arrest.
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