Stuart Syvret - Knowledge (XXG)

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police investigation had been a "catastrophic failure". The prosecuting advocate argued indirectly that the quality of the investigation was not relevant. On 12 October 2009 the Magistrate stated "I think the case would probably benefit from some clarity from both sides on exactly what the allegations are and what the defence is." Syvret stated "it is abundantly clear that the 1999 investigation was in fact catastrophically defective, indeed far, far more so and more alarmingly so than even I originally thought. This has belatedly become known to the Crown, they have recognised this, they now see that they have no remote case against my public interest disclosure argument. So now at this 59th minute of the 11th hour they are trying to rule inadmissible that entire argument that the Defence case has been built on and has been established on for the recent months". He stated that the court was going to rule against him,as the court eventually did. He stated: "Well I have to make it plain now, you will have to instruct the police to arrest me because I’m not turning up before this court any further" After this hearing Syvret was offered the services of an experienced advocate assigned to him under the island's

792:, Commissioner Sir Christopher Pitchers presiding, started on 1 August 2011. Syvret maintained that he was protecting the public by naming "Nurse M" on his blog and argued that the motive of the police in searching his home when he was arrested was to find evidence to discredit former police chief Graham Power and former deputy police chief Lenny Harper. The Royal Court repeated criticisms of the police actions in raiding Syvrets' home, arresting him and keeping him in custody. The court also held that in the Magistrate's Court the prosecution "lead some evidence which went further than was necessary in supporting the robustness of the 1999 enquiry" but found that the Assistant Magistrate's conclusions had not been influenced by this. The court rejected Syvret's submissions that disclosure of the nurses' names was justified as being in the public interest. The court added that "The public interest is served by measured, responsible and accurate reporting. The way that the appellant dealt with the information that he had was none of these". The court dismissed Syvret's appeal on the data protection offences but allowed his appeal in relation to two counts of contempt of court. 658:

should be struck out. On 22 July 2009 the prosecuting advocate stated the case against Mr Syvret which included the allegation – "Mr. Syvret’s comments on the blog were to the effect that Nurse # was clearly a dangerous homicidal maniac and that investigation into him had been stopped for political or corrupt reasons, leaving the people of Jersey in danger. In fact the May 1999 report was followed by intensive police investigation authorised by the Attorney General. An extremely experienced police officer Mr. Faudemer led that investigation for the police, and the investigation concluded that there was insufficient evidence against Nurse #, and Nurse # was never charged. Mr. Syvret did not make any of this clear on his blog and does not appear to have troubled to find out the full facts in advance."

283:, as presiding officer of the States assembly, subsequently wrote to Syvret, referring to the standing order which stated "No Member shall impute improper motives to any other Member", saying "you have not provided me with any evidence to justify those imputations", inviting Syvret to discuss the matter, and giving notice that matter would be put to the States assembly after the summer recess. At the States assembly on 3 September 1996, Syvret refused to withdraw his statement, and was not allowed to speak. Members voted by 36 to 3 (with 4 abstentions) in favour of the proposition "That Mr. Syvret be suspended from the service of the States until he has withdrawn, by notice in writing to the 279:. That firm was engaged by two accounting firms from the UK to assist them in getting this controversial law on the Statute book. Reginald Jeune had stood down as a partner for the law firm several years previously. It was not disputed that he was engaged as a Consultant by the law firm, and continued to have an office and secretary in the firms headquarters. He claimed that he did not know that his law firm was acting for Price Waterhouse, that his position in the law firm was an honorary one, and that his office and secretarial support from that law firm were to assist him in his States work. These claims were never investigated. The Bailiff Sir 690:... not being prosecuted for disclosure of the Faudemer report in itself; had that been done with names omitted he would not have been prosecuted. The Prosecution rests and stands or falls upon his disclosure of the name of Nurse M. For this reason the adequacy of the investigation in 1999 is not an issue. Had the investigation been impeccable, and still concluded there was insufficient evidence to prosecute Nurse M, exactly the same issues would have arisen had the appellant disclosed Nurse M’s name ten years later. That is an essential point when it comes to relevance, which unhappily, the appellant does not grasp. 420:, also told Syvret to resign. In turn, Syvret dismissed the chair of the Jersey Child Protection Committee. In August 2007, Syvret's assistant minister resigned and relations between Syvret and senior officials were reported as being "at breaking point". Svyret wrote to 2,500 staff telling them they could "blow the whistle" on management anonymously. On 22 August, the Data Protection Commissioner determined that Syvret had broken data protection law by releasing "personal and highly sensitive information about a child who has been subjected to sexual abuse", a finding that Syvret rejected. The following day, the 348: 192: 646: 33: 601:, a confidential States of Jersey Police report written in May 1999 by the then Detective Inspector Barry Faudemer ("the Faudemer Report") which related to an investigation into the conduct of a named nurse at the Jersey General Hospital. Mr Syvret identified the nurse whom we will call X. He described Nurse X so identified, 841:, the States Employment Board and the Attorney General of Jersey. He sought damages for harm suffered as a result of his dismissal as a minister in 2007 which he argued left him to "shoulder and carry the burden – virtually single-handedly, of investigating many examples of child protection failure and concealed child abuse". 796:

on 2 November 2011 he was re-sentenced by the Magistrate to eight weeks in prison; Syvret's appeal to the Royal Court was dismissed, as was a subsequent application to reopen the appeal. The jail sentence was extended by a further month and six days for non-payment of the fine. He was released from prison on 30 December 2011.

473:. Material published on the blog prompted an investigation commissioned by the States of Jersey Employment Board following complaints from civil servants that they were harassed. The report by Christopher Chapman found that Syvret had harassed States employees and that the Employment Board had not done enough to defend staff. 3975:, para 24 (Royal Court of Jersey 18 March 2011). Quote: "the appellant was unrepresented through his own choice. He had, as I say, been given exactly the same opportunity of legal representation as any resident of this Island would have had had they been unable to pay for legal representation themselves" 305:

breached Standing Orders 43 and 44 of the States of Jersey. As Syvret had not alleged improper motives against Senator Jeune he therefore could not withdraw an allegation which he had not made; Syvret left the States meeting and the States then resolved to censure him but to lift his suspension. In April 1998,

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By far the most significant event of the year however was the conclusion of Jersey's first conviction under the Data Protection (Jersey) Law 2005 for the Article 55 offence of unlawful processing of personal data. A former States Member was found guilty of having obtained a confidential Police report

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Throughout the proceedings, Syvret claimed that identifying "Nurse M" was justified in the public interest "to get the authorities moving in relation to minimising the risk that Nurse M presents" and "to alert the Jersey public to the risk" Nurse M presented (in particular to avoid his being employed

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on 6 February 2007. On 8 February 2007, Walker and Syvret issued a joint statement that Syvret would be remaining a minister. The States Privileges and Procedure Committee commenced out an inquiry into whether Syvret had breached the code of conduct, prompting complaints about the way in which it was

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Syvret indicated that he was now prepared to accept community service and was sentenced to 80 hours for contempt of the Magistrate's Court. The fine was reduced to £1,400 and legal costs to £5,000. However, by early November 2011, Syvret had not carried out any of the community service sentence, and

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charged with driving without a valid licence between September 2006 and April 2008. On 9 July 2009, Syvret was charged with breaches of data protection laws relating to his blog article about "Nurse M". Syvret pleaded not guilty and argued that his prosecution was an abuse of process and the charges

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Syvret's robust dealings with fellow States members continued in August 2008, when he compared a Jewish senator to a Nazi war criminal in an argument about General Sales Tax. Syvret was at the receiving end of barbed comments in March 2009, when Senator Jim Perchard, the Health Minister, told Svyret

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Svyret opposed proposals for the Limited Liability Partnerships (Jersey) Law 1997, which was sponsored by two UK accountants firms. During the debate, Syvret stated "Senator Jeune has, in his capacity as President of the Policy and Resources Committee, used his influence to speed up the Law Drafting

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On 14 October 2010, Syvret was convicted by the Magistrate's Court of the motoring offences, when the Assistant Magistrate criticized the police as overreacting in the way they arrested Syvret. On 17 November 2010, the court found Syvret guilty of the data protection offences and guilty of contempt

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lasting 15 days, and three days in the Jersey Court of Appeal. Throughout the proceedings Syvret repeatedly complained that he was not being given relevant evidence by the prosecution. Matters came to head in October when Syvret submitted evidence to the court which he asserted proved that the 1999

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to appoint English prosecutors and judges to deal with what Syvret called "the child protection crisis". Syvret himself was criticized for declining assistance from a former head of New Scotland Yard's paedophile unit during his tenure as health minister. In May 2008, Syvret made a formal complaint

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to discuss an open letter Syvret had sent to a property developer who had proposed a private hospital in Jersey, in which Svyret had been critical of many aspects of government policy. The 3,000-word letter, which dealt with "environmental, taxation and social policies and the relationship between

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Horsfall says Jeune brought no undue influence to bear on the proceedings. The States is satisfied, he says, that Jeune faced no conflict of interest as he claims he did not know that the law firm was acting for Price Waterhouse. Jeune also says his position at the law firm is an honorary one and

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In October 2006, Syvret openly clashed with ministerial colleagues in a debate about whether to exempt food, medicine and other household necessities from the new General Sales Tax. In December 2006, he was reported to be disillusioned and considering stepping down from politics. Relations with

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He has been described by journalists as "the 'bete noire' of Jersey politics", a "self-taught intellectual", an "agitator", "critical of the finance industry", "one of the island's most outspoken senators" "a rarity, an anti-establishment Jersey politician", "a maverick politician" and having a

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A proposal to impose a sewerage tax, rising eventually to pounds 300 a year for an average household, was widely pilloried. Senator Stuart Syvret, who has been critical of the finance industry, last week succeeded in winning for the States (Jersey's parliament) the right to debate any proposed

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The Jersey Data Protection Commissioner described the conviction as "an historic landmark in the international world of data protection, as it is the first of its kind relating to the publication of personal data via an internet blog". In September 2011, in response to a question, the Attorney

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critical of Syvret's suspension. The States of Jersey subsequently agreed to set up a committee of inquiry into procedural matters relating to the drafting of the legislation. On 4 March 1997, Svyret returned to address the States assembly and stated that he alleged only that Senator Jeune had

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Stuart Syvret, one of the island's most outspoken senators, whose proposals for alternatives to tax-haven status are to be debated tomorrow, agrees. "I know it's a political cliche, but we are at a crossroads," said the young cabinet maker-turned-politician. "There are profound changes going

359:. He was immediately faced with trying to resolve "a bitter dispute between nurses and health service management". In 2006, he proposed legislation to ban smoking in eating places and subsequently a ban on smoking in all enclosed workplaces. He opposed a policy for a new private hospital in 424:

announced that a former director of Devon County Social Services had been appointed to carry out a "wide ranging" inquiry into childcare and child protection in Jersey, which Syvret dismissed as having "absolutely no chance whatsoever of truly digging out and exposing all this issues".

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During his first nine years as a States member, Syvret held various positions including chairing a committee on Freedom of Information and membership of the House Committee, Establishment Committee, Public Services, Legislation Committee, and Employment and Social Security Committee.

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2005, which creates the offence of disclosing personal data but permits disclosure where it is "necessary for the purposing preventing crime" or is "justified as being in the public interest". During the lengthy proceedings, Sir Christopher Pitcher sitting as a Commissioner of the

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until he was disqualified from membership of the States in April 2010 due to his absence from the island. He has been involved in a series of legal proceedings, as a defendant in a criminal prosecution in Jersey and as a claimant in judicial review and civil claims in Jersey and

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handling the case; Syvret walked out of the committee's private hearing, arguing that the proceedings were a breach of his human rights. On 2 March 2007, the committee cleared Syvret of breaching the members' code but the chairman of the committee instigated a debate in the

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Syvret's arrest was ordered on 23 October 2009 when he failed to attend court for the second time that week, having traveled to London where he said he was claiming "legal asylum". He returned to Jersey more than six months later on 4 May 2010 and was arrested and bailed.

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the following day, pending an appeal. On 17 June 2011, Syvret made a further claim for judicial review to the Royal Court relating to the prosecution. The application was refused by Commissioner Pitchers and an appeal to the Jersey Court of Appeal (consisting of

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The following day, Syvret faced calls for his resignation as minister from the chair of the Jersey Child Protection Committee, who alleged that Syvret had breached data protection law relating to a child abuse victim (an allegation Syvret denied). Walker, the

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in August 2009, arguing that the Assistant Magistrate was biased against him, as was the Commissioner of the Royal Court hearing that application. Sir Richard Tucker rejected these submissions and ordered him to pay costs. When the case resumed in the

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assembly after a period of illness, Syvret – answering a question to him in his role as minister – made scathing criticisms of officials in the Children's Service and other agencies for "bitterly failing" vulnerable young people. A week later, the

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process and get this matter brought through. He has spoken on this matter in the House and at Committee meetings, even though he has a financial interest in this matter". Reginald Jeune was a founding partner in one of Jersey's largest law firms

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and then subsequently publishing the report on a 'blog'. This case was an historic landmark in the international world of data protection, as it is the first of its kind relating to the publication of personal data via an internet blog.

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were reviewing an earlier investigation into allegations that a nurse had killed many patients at Jersey's General Hospital, following claims made by Syvret on his blog. The blog article, the Jersey Court of Appeal later explained

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Frank Walker's proposition to dismiss Syvret from ministerial office, which Walker said was prompted solely by Syvret's "reprehensible behaviour in recent weeks". Members voted in favour of Syvret's dismissal by 35 to 15.

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On 6 April 2009, ten police officers went to Syvret's home, where they arrested him and carried out an extensive search of the property. Syvret was held in custody for seven hours and questioned about alleged breaches of

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for pressing ahead with plans to close two hospital wards and transfer patients to private care homes before the panel had completed its inquiry. He subsequently described the scrutiny report "a waste of time and money".

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This has implications for Jersey too, and agitators such as Senator Stuart Syvret are arguing that both islands should be 'taking the appropriate decision for themselves rather than wait and have decisions imposed upon

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In accordance with the States of Jersey Law 2005, Syvret was disqualified from his senatorial seat in April 2010 due to 6 months' absence from the island. He had gone to live in London during his trial in Jersey for

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of court on account of his non-attendance and words of disrespect. The prosecuting Attorney General made two charges against Syvret for the aforementioned blogging of the Faudemer Report. The charges came under the

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During 2008, an independent report by Alan Williamson commissioned by the States in response to Syvret's claims concluded that no children in care in Jersey were currently at risk, while a review by the

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The allegations of a cover-up have led to a major rift in the island's political establishment. Stuart Syvret, a maverick politician who was dismissed as minister for health by other ministers,

179:. He obtained City and Guilds Craft and Advanced Craft in carpentry and joinery and went on to become a Member of the Institute of Carpenters. He was a Cabinet maker before entering politics. 933:

Mr Syvret irritates the establishment. The cabinet-maker and self-taught intellectual comes from outside the elite and runs rings round an assembly served by small businessmen and farmers.

3986: 457:", Syvret was called on to make what is usually a short and uncontroversial speech to mark the last sitting of the assembly before Christmas; instead Syvret made an emotional plea to 4397: 4302: 3437: 4023: 3972: 4973: 4555: 4543: 4531: 4515: 4280: 4045: 4835: 763:, Articles 55, 17, and 21. The opinion on these two charges by Assistant Magistrate Mrs B. Shaw of the Magistrate's Court was published online. Syvret refused the option of 4129: 4319: 2618: 248:

On his return from London in 2010, Syvret unsuccessfully fought a by-election in June 2010. He came second out of a field of nine candidates, polling 3,437 votes.

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were being used to restrict his freedom of expression, contrary to human rights. In 2011, the police conceded that the arrest could have been handled better.

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assembly to express disapproval of Syvret's actions in relation to the open letter. Members (including Syvret himself) voted 29 to 8 to censure his actions.

293:, "I was not allowed to defend myself. This is like something out of George Orwell's 1984.... I was not allowed to defend myself, to speak on my behalf". UK 4478: 1853: 925:"Focus: Welcome to Wall Street-on-Sea; Britain's tax havens are under scrutiny. But in the strange little world that is Jersey, warnings are going unheeded" 2028: 707:, Syvret sought to call the Attorney General, several senior civil servants, the suspended police chief Graham Power and other police officers, and Deputy 3775: 483:

In February 2014, Google closed down the Stuart Syvret blog at the request of the Jersey authorities. A copy of the blog reappeared almost immediately on

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from 1990 to 2010. From 1999 to 2007, Svyret had executive responsibilities first as president of the Health and Social Services Committee and, after the

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of blackmailing him, an accusation strongly denied. Senator Syvret complained to the police, but subsequently stated the matter was not worth pursuing.

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Syvret voiced concerns over nuclear power production in France. He clashed with local trade unions when he campaigned against the renewal of a lease to

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as a nurse in a private care home). These public interest justifications were rejected in the Magistrate's Court and, on appeal, by the Royal Court.

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assembly was called – though the assembly subsequently voted against a proposition critical of the police's actions. Svyret's lawyer complained that

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refused permission for the case to proceed to a full hearing. Syvret subsequently complained that the hearing was a "farrago", the two judges (

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for judicial review of the continuing prosecution; the application was refused. (An appeal against this decision was refused in July 2011).

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Before: Assistant Magistrate Mrs B. Shaw, Between Stuart Syvret and the Attorney General and the Connetable of Grouville, retr 2012 Sep 14

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described the States of Jersey's conduct in the matter as that of a "legislature for hire" and he sponsored an Early Day Motion in the

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to the police claiming that senior civil servants had perverted the course of justice by covering up abuse of children in care homes.

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was critical of the regime that had operated at Greenfields, one of the island's children's homes, during Syvret's time as minister.

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in August 2010, Syvret told the court that he was suffering from clinical depression and sought an adjournment of the proceedings.

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QC, sitting as Court of Appeal judge, refused leave to appeal, holding that "the Commissioner was right not to recuse himself".

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Morris, Philip; Joanna Stevenson (1997). "The Jersey Limited Liability Partnership: a new vehicle for professional practice".

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into historic child abuse began to be widely reported in the news media around the world. Syvret and others called on the UK

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With the start of a new system of ministerial government in December 2005, Syvret was one of two candidates for the post of

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From 1999 to 2005, Syvret was President of the Health and Social Services Committee in the committee-based system of

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elections. He failed to be elected, finishing seventh out of 13 candidates for four vacant seats with 6,402 votes.

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John, Sweeney (22 September 1996). "Jersey government dragged into bank scandal after £17 million goes missing".

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and was jailed for ten weeks, fined £4,200 and ordered to pay £10,000 in legal costs. He was granted bail by the

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Frank Walker and other politicians for being, Syvret claimed, complicit in covering up "decades of child abuse".

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announced three investigations into whether the States were failing to protect children from abuse and neglect.

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assembly that prosecution legal costs were £384,000. Syvret has stated that he intends to take his case to the

559: 458: 433: 417: 373: 333: 3525: 3496: 1834: 287:, his imputations of improper motives against Senator Jeune". In an interview shortly afterwards, Syvret told 3404: 3222: 2226: 1760: 1748: 1349:"Globalization and its discontents: Accounting firms buy limited liability partnership legislation in Jersey" 2745: 589: 500: 3692: 183:"ludicrous vision of a corrupt state bent on limitless cover-ups, victimisation and systematic injustice". 4958: 4401: 4306: 4262: 3634: 3258: 2864: 2009: 1220: 879: 4848: 4706: 3514: 3341: 3329: 2814: 4839: 4614: 4519: 4284: 4027: 3210: 3179: 3134: 3089: 1658: 1634: 683: 666: 191: 2882: 2826: 317:

assembly on the ground that the court had no jurisdiction over the legislature's internal procedures.

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for its aviation fuel depot at Jersey airport, in protest over the company's activities in Nigeria.

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Stuart Syvret was born in Jersey and educated at Halkett Place School, St Helier Boys School and

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Other material posted on the blog by Syvret was to lead to his prosecution for breaches of the

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Syvret is a cabinet maker by trade but considers himself the "bete noire" of Jersey politics.

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Breen, Suzanne (2 August 2008). "'The Jersey way': covering up years of abuse and murder;".

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elected Walker to be the first Chief Minister in Jersey history by 38 votes to Syvret's 14.

341: 314: 310: 280: 205: 4732: 4587: 3941: 3858: 3817: 3673: 3608: 3462: 2795: 1588: 1406: 1194: 1150: 1083: 297: 276: 224:, coming second in the poll for six vacant seats with 14,388 votes. He was re-elected in 147: 773: 507: 306: 117: 4778:"Early day motion 2370 – JERSEY AND THE IMPRISONMENT OF STUART SYVRET – UK Parliament" 661:

The proceedings were to turn out to be lengthy involving: 20 separate hearings in the

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Stuart Syvret at St Helier Parish Hall at the nominations for Senator, September 2011

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Payne, Beatrix (18 October 1996). "Jersey launches enquiry into LLP 'fast track'".

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Senator Reginald Robert Jeune made a personal statement in the following terms ...

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Standing as an independent, Syvret was elected for a six-year term as Senator in

158:. He was dismissed from ministerial office in September 2007 and returned to the 3853: 446: 159: 735:

On 4 September 2010, Syvret appealed to the Jersey Court of Appeal against the

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to consider committing suicide – a comment that led to Perchard's resignation.

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Syvret was, however, elected as Minister for Health and Social Services in the

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Brown, Bill (12 February 1996). "Nigerians take Shell campaign to Jersey".

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began preparations to seek judicial review in London of what they saw as

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explained the legal issues at stake: Syvret was, the Commissioner said,

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ministerial colleagues continued to deteriorate: in February 2007, the

4733:"Cases involving former Jersey minister Stuart Syvret 'cost £384,000'" 3942:"Cases involving former Jersey minister Stuart Syvret 'cost £384,000'" 4938: 845:, sitting as a Commissioner of the Royal Court, struck out his case. 164: 143: 825:

MP critical of Syvret's imprisonment attracted only two signatures.

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At the outset of the proceedings, Syvret made an application to the

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Stuart Syvret is a rarity, an anti-establishment Jersey politician.

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In June 2008 Syvret brought a vote of no confidence against the

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The data protection charge was brought under Article 55 of the

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Committee president and Minister for Health and Social Services

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government and business", had initially been submitted to the

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States of Jersey building, the island's parliament, St Helier

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Brown, Bill (18 February 1996). "Union backs shell in row".

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Syvret prosecuted for data protection and motoring offences

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