I’d like to ask readers to do something most people never do – and that is to actually read a full legal judgement. In a very important posting, Rico Sorda has published the judgment in a judicial review application brought by the legitimate Police Chief, Graham Power, Queen’s Police Medal.
Mr. Sorda also introduces his article by taking a close look at some of the truly startling conflicts of interest that contaminated the court.
The posting can be read here:
The reason I suggest actually reading the judgment, is to enable people to gain some insight into the double-speak, the spin, the cosmetic plausibility, the convincing appearance that judicial proceedings can have – even when manifestly dishonest and wrong.
Because when reading the judgment, as a lay-person – and especially if you are not familiar with the hard evidence we have published – the screed, all dressed-up in its nice suite and red cloak, might appear respectable.
As further analyses is going to show.
Increasingly, people in Jersey are taking a close look at what passes for a judicial function in this island, and like that little boy amongst a fearful and servile crowd, are speaking the truth - which is that the emperor isn’t wearing any clothes.
In Rico Sorda’s introductory article, he explains some of the conflicts of interest involving those who made up the mixed-tribunal court – the Commissioner and the two Jurats.
But things are actually worse – far worse – than Mr. Sorda suggests.
The presiding, part-time judge – the “Commissioner” – was one Advocate Julian Clyde-Smith.
The judgment of Clyde-Smith and his two colleagues was given on the 8th September 2009. Police Chief Graham Power was illegally suspended in November 2008, following what we now know to have been at least several months of criminal plotting by people such as Andrew Lewis, Bill Ogley, William Bailhache and Frank Walker.
Graham Power was a very unusual Police Chief by Jersey standards; unique, perhaps – in that he refused to ever engage in the customary politicised policing – whereby crimes by Jersey oligarchs or their vassals are not traditionally investigated and charged – and, by way of contrast, the “law” is used and abused against anyone who is seen as a “problem” to the local mafia.
Mr. Power would have none of that; his business was simply objective, impartial policing.
And that “attitude” of Graham Power was a big, big problem for the Jersey oligarchy.
A very big problem.
The vast majority of people reading this blog will have long since recognised the fact that the Jersey oligarchy was powerfully motivated in the illegal actions taken against Graham Power and taken against me, by their wish to discredit the child abuse investigations, and to cover-up the truth of the disastrous, decades-long failure of governance in Jersey.
What few people will be aware of is that that was not the only motivation. Indeed, perhaps not even the primary motivation, for the corrupt conspiracy engaged in against the Police Chief.
It so happens that there were other crimes – in addition to child abuse - other very serious crimes, under investigation by the Police Force under the leadership of Graham Power.
And I’m not just referring to the widespread planning corruption that goes to the heart of government.
In particular, there was one individual under the most serious and intense of close investigation, for despicable crimes. An extremely well-connected – and very powerful – individual. For the purposes of this posting, at least, it doesn’t matter who the individual was, nor the crimes under investigation; for what we are considering here, is the conduct of what passes for a judiciary in Jersey.
Under the leadership of Graham Power, the States of Jersey Police Force were weeks away from completing the prosecution and charging files for submission to the Attorney General William Bailhache. But there is simply no way Bailhache would have, or could have, charged and prosecuted the individual. Not without the most dramatic repercussions for many senior individuals, and terminal damage to the reputation of Jersey’s establishment.
There was only thing for it.
The police investigation had to be “headed off at the pass” – and stopped – before it got to finished-form – with the final decisions on prosecution laying with the Attorney General; Bailhache had to be protected from being the person who prevented the prosecution. Thus Graham Power, Police Chief, was unlawfully suspended.
Sure enough, in the months that followed, the police investigation of the suspect was, indeed, sabotaged, wound-down, and stopped.
This process even included civilians - working with the full knowledge and authority of the Police Force under the illegitimate leadership of David Warcup, fraudulently passing themselves off as “police officers”, to various key witnesses in the case.
So where does the Jersey judiciary come into play?
The legitimate Police Chief Graham Power was unlawfully suspended – and a key part of the motivation in that unlawful suspension was to rescue the Jersey oligarchy from the nightmare of one of their key ‘playas’ being charged and prosecuted with the most serious of crimes.
The unlawfully suspended Police Chief applies to court to have the plainly unlawful actions taken against him, judicially reviewed.
That judicial review application made by the unlawfully suspend Police Chief is heard by a part-time judge - one Commissioner Julian Clyde-Smith. The Police Chief’s application was thrown-out, and the resultant fatally flawed and biased judgment can be read on Mr. Sorda’s blog.
Now, you should automatically understand the gravity of what comes next. You should simply “know the score” – if you have even a vague grasp of how justice and free societies are supposed to function.
It would appear that Commissioner Julian Clyde-Smith was the lawyer representing the suspect under investigation.
I say, ‘would appear’ – because reliable sources have said so – and the question has been put directly to Commissioner Julian Clyde-Smith in e-mail correspondence via the Bailiff’s Judicial Secretary. However, Commissioner Clyde-Smith’s willingness to engage in the transparency that is a requirement upon all public authorities, suddenly evaporated when faced with the particular question.
It has since been put to him very clearly, and repeatedly, that unless he state that he was not involved in the legal representation of the suspect in question, we will be forced to proceed upon the basis that he was so involved.
So that is, indeed, the conclusion we must draw.
Commissioner Julian Clyde-Smith had been the lawyer representing the suspect – and he then sits as a judge and hears – and throws out - a case brought by the Police Chief, the unlawful suspension against who was at least partly motivated by the objective of protecting the suspect from being charged and prosecuted.
What we observe is a judge – sitting in court – acting in the name of the Crown – but all the while being in receipt of money in the background for the representation of a suspected criminal – a party who absolutely depends upon the applicant who has brought the judicial review case before that judge, being defeated – so that the suspect avoid very serious criminal charges.
There are obvious words to describe this scenario.
And “the lawful administration of justice” are not amongst them.
And when such a corrupt assault is made against our good, honest Police Chief – it is a corrupt assault against us all.
The whole world is watching.