2014=== A Reflection

As another year passes it is customary to review it. When looking back at the blogs published last year I note that I covered a variety of subjects and in no particular order I will comment on some of them.

The Plemont debate saw how a small number of States Members were able to “cook the books” to provide a get out of jail card for their colleagues who were then able vote in support of restoring the headland on the grounds that it was not at the taxpayer’s expense. The money came from the Criminal Offenders Confiscation Fund which is intended to be spent preventing, suppressing or otherwise dealing with criminal conduct and/or the consequences of crime. There is no way that money from that fund should have been used to purchase Plemont but a device was found and thus Plemont was “saved.”

What is ironic is some money in the near £8 million Confiscation Fund comes from criminals found in possession of cannabis and other illegal substances. Last month the States debated whether those suffering chronic illness should be permitted to use cannabis for medicinal purposes. Unfortunately none of those Members who wanted to spend money from the Fund on Plemont gave any thought of taking money from the Fund to fund cannabis based but legal “Sativex Spray” to ease the pain of those Islanders suffering from debilitating diseases such as Multiple Sclerosis.

In the lead up to the debate some Islanders admitted that they had to resort to breaking the law to obtain cannabis for medicinal purposes. If the Fund is intended to prevent crime would it not have made sense to use some of it to provide comfort for the suffering rather than putting them at risk by illegally purchasing cannabis for medicinal purposes or simpler still funding the cannabis based “Sativex Spray which is licensed but only available to those able to afford it. 

One positive move was the arrival of the Residential Tenancy Deposit Scheme which had been in the pipe line for many years. Regretfully there will always be bad tenants and land lords and there will be teething problems but the Scheme should prevent the abuse that has been all too prevalent for far too long.

One of my highest readerships was my blog on the bankruptcy of Trevor and Shona Pitman and how they were made bankrupt whereas Ian Christmas the Island’s former Magistrate was not. The Pitman’s pursuit of justice ended in bankruptcy and loss of their livelihood. Ian Christmas and his cohorts were involved in criminal activity which led to some Islanders losing their savings which will never be recovered. They could have received some compensation had the culprits been stripped of all their assets as was the case with the Pitman’s; however it was not to be. Who says that crime does not pay?

I published a blog about Connetable Crowcroft’s proposition which requested Members to agree that with the impending retirement of the Bailiff, the States should honour the Clothier recommendation that the Bailiff’s dual role of Chief Judge and President of the States should cease. The proposition was scuppered by the former Bailiff and brother of the next Bailiff, Senator Bailhache who felt the matter should be addressed via a referendum. The issue will not go away and we could be in for an interesting year where the Deputy Bailiff and Attorney General are both moving up a notch and a new Solicitor General and Attorney General taking up Office.

The role of those 4 unelected Members of the States conveniently leads me to the other unelected Member that being Jersey’s Dean who was not slow in coming forward when speaking in support of the Plemont proposition but was conveniently out of the Chamber during the cannabis debate. If it is deemed necessary for the Dean to be an unelected States Member is it asking too much of him to speak for the sick and needy.

It would appear that it’s not only the Dean who has been keeping his head down, has anyone seen Bishop Dakin or Bishop Gladwin and Dame Heather Steel or their Reports?

Whilst on the subject of reports I published a number of blogs relating to the Independent Care Inquiry which commenced with much optimism but is now coming up with more questions than answers. History is littered with Inquiries that started with good intentions but failed to deliver because those tasked with seeking the truth were more concerned with protecting the guilty than exposing the truth.

£6 million has been set aside for the Inquiry therefore the public, victims and those whose reputations were tarnished and careers ruined are entitled to know the truth and it is incumbent on Frances Oldham to deliver without fear or favour. The Terms of Reference appertaining to Operation Rectangle will feature this year and I’m sure it will spark interest and controversy.

I covered the Taser issue but am still unsure whether Tasers are a necessary evil, however if they are intended to be a substitute for firearms because they are supposed to be less lethal, then why are the US police officers are still using firearms and killing members of the public?

Jersey experienced its first ever General Election albeit that 17 seats were uncontested. Our Chief Minister was re-elected and will head an Executive which will operate a collective responsibility system which I understand extend to Assistant Ministers. In his Christmas message the retiring Bailiff commented on the reduction of propositions and questions lodged. Jersey does not have a party system however one of the features of our parliamentary system is that Members who are not part of the Executive can attempt to bring about change through propositions.  

What is of concern is that too much power is now with our Executive which will be required to close ranks and stifle what opposition is left among backbenchers. This will lead to even fewer propositions and questions being lodged and also to less transparency and accountability.

2014 was an interesting year and who knows what this year will bring. On Sunday morning just after the 10am news I will be appearing on Radio Jersey’s Politics Hour with Ben Queree and Amy Vatcher looking ahead to what could be the key issues for Jersey in 2015. As always population and unemployment will feature but I do hope that our Government will look to addressing some of the social issues such as why there is increasing number of people relying on charity to survive and of the widening gap between the rich and the poor.

On a personal note I am falling way behind with the book I am trying to write about the St Martin’s farms which I must devote more time to and prioritise my work load. One simple way is to cut back on the time given to blogging. 

I therefore I wish inform readers that I will be cutting back on the time I give to blogs which will mean that I will be publishing a lot less this coming year.  

I would like to thank readers world wide for their continued support and look forward to an interesting and informative year.

Jersey Bankruptcy-- And Friends in High Places.

The Nomination Meeting was held last night at the Town Hall for candidates seeking to replace former Deputies Trevor and Shona Pitman who lost their seats after being declared bankrupt by the Royal Court last month. The Pitman’s are barred from public office for 5 years as a result of being disqualified by virtue of Article 8 of the States of Jersey Law 2005.

The Pitman’s problems stem from a cartoon in a Broadlands the estate agents’ advert which appeared in the Jersey Evening Post. The cartoon gave me the impression that the Pitman’s were only in the States for the money and I am not surprised that they considered the cartoon to be offensive.

The Pitman’s like many other States Members and Parliamentarians throughout the world gave up their job following their election. Whether their salary was more or less than their previous jobs was irrelevant.  If the cartoon was intended to depict the Pitman’s as money grabbers why were they singled out?  Was it because they were seen as a thorn in the butt of some the perceived Establishment figures?

The Pitman’s sought justice and took the matter to the Royal Court where unfortunately they lost and have ended up with horrendous legal fees which not only have to be paid to their lawyers but also to the other side.  Not being in a position to pay they have been declared bankrupt whereby they not only lose their home but also their jobs. One may ask where the justice is and did it make sense for the Court to take such drastic action? If the creditors hope to see any money, making the Pitman’s bankrupt, destitute and jobless is hardly the best way of going about it.

At the end of last week in the same building a lady in her late 80’s was attempting to secure £30,000 in compensation from former Magistrate Ian Christmas who had been convicted in 2012 for fraudulently inducing the lady to invest £100,000 in a US property scam. The lady had lost over £500,000 in the scam and was ordered to pay thousands of pounds in legal fees following a failed bid to secure funds from Ian Christmas. Last year a £100,000 compensation order was overturned after the Court of Appeal had found that Christmas was “balance sheet insolvent” and could not afford to pay.

The lady and a number of other people had lost considerable sums of money after they were duped into parting with their savings in what turned out to be a property scam. Some may be asking what the Magistrate’s involvement was and indeed why was he using his position to give his fellow fraudsters credibility.  His three fellow fraudsters are currently serving 4 year plus prison terms.

In court is was claimed that Mr Christmas was not opposed in principle to paying compensation but a court order would present him with the choice of bankruptcy or returning to prison. I say “Big Deal.” Mr Christmas unlike the Pitman’s was not in financial difficulties because he was seeking justice. He was a well-paid judge with friends in high places and with all the trimmings who was using his position to persuade trusting people to part with their money which for many was their life savings.

Mr Christmas was given only a fraction of his fellow fraudster’s prison sentences and was in receipt of his full salary for around 4 years whilst suspended. He chose to enter into a business arrangement and as a judge must have or should have known how deep a hole his colleagues were digging. An investigation into his activities took years and like the Court Hearing was very costly. He chose to spend thousands of pounds defending his actions and lost. 

I knew Mr Christmas who was a charming man and I am saddened to see how he has fallen from grace, but he was the instrument of his own misfortune. However unlike the Pitman’s he still has a home, a pension and savings and not been declared bankrupt. He may have had to pay for his legal fees but not the cost of the investigation and prosecution. He does not have to pay any compensation to the other investors/victims and has been able to retire to Yorkshire and enjoy the rest of his life. To seek any compensation the investors like the 80 year old lady must invest their own money, however for most they have already given what they had to Mr Christmas and his fellow fraudsters who no doubt will again cry “foul” and claim hardship if ordered to pay anything.

The Advocate pleading for Mr Christmas claimed Mr Christmas had served a prison sentence, lost his matrimonial home, been vilified publicly, been forced to leave the Island and being asked to cover a great level of debt.  Whilst some the claims like the prison sentence might be true, Mr Christmas can hardly claim to be a victim of some conspiracy to inflict him with hardship when he had inflicted untold hardship on his victims who have no means of redress because Jersey’s Financial Services which claims to be world class still does not have an Ombudsman nor a compensation scheme.

As a child it was drummed into me that crime does not pay, 60 plus years later I have found that some time’s crime does pay or/and some time’s the punishment does not fit the crime. It may well be that with hindsight the Pitman’s may have been better advised to swallow the insult inflicted on them, but hindsight is a wonderful thing and was their punishment when seeking justice really fair. I am told that the Privileges and Procedures Committee is looking into Article 8 of the States of Jersey Law and hopefully it will find that it is too draconian and no longer fit for purpose.

However the States are all the poorer for the loss of Trevor and Shona Pitman and the Investors are all the poorer for their involvement with Mr Ian Christmas, Mr John Lewis, Mr James Cameron and Mr Russell Foot. It is often said that life is unfair and justice is blind. Making the Pitman’s bankrupt and not Mr Christmas does not add up unless one takes into account who they all are and who has friends in high places.


Postscript Friday 21st February 2014.

I regret to inform readers that the elderly lady referred to in my Blog above has recently passed away. She was obviously a lady of principle who did not want to let those who had conned her get away with her life savings. As such she was prepared to risk what little she had left to pursue Mr Christmas to the end of her days.

She deserved better from the Courts and those who employed to safe guard the interests of justice. Mr Christmas was ordered to pay in instalments only a portion of the money he and his colleagues took from the lady. I don't know what the ruling is now that the lady has died, but I hope that what is still owed will be paid to the beneficiaries of her will.

May she rest in peace. 


Postscript  Saturday 8th March 2014

I am pleased to report that the Appeal Court has ruled that sum of money still outstanding must be paid in instalments to the lady's Estate.