Thursday, 10 January 2013

STUART SYVRET VS THE NURSING & MIDWIFERY COUNCIL.


Case No. CO/13887/2012
A Brief Extract from the Detailed Argument.

Reproduced below is an edited extract from the Applicant’s detailed argument in the judicial review application Stuart Syvret vs. Nursing & Midwifery Council (Case No. CO/13887/2012).
Jersey government reporting restrictions prevent a fuller presentation here, and at this moment.

Stuart Syvret.
Article 2 – the Right to Life – and the Responsibility of the NMC as a Public Authority.
And -
Twenty Murdering Nurses: A Global Media Survey.
All ‘public authorities’ are bound by the European Convention on Human Rights. The Convention is given domestic expression in the Human Rights Act.
Convention Rights fall into two broad categories – absolute rights and non-absolute rights.
The Right to Life enshrined in Article 2 of the Convention is an absolute right.
Whilst the NMC is bound by the entirety of the HRA, the extant case unavoidably invites a particular focus on Article 2 of the Convention.
Article 2 of the European Convention on Human Rights says:
Article 2 – Right to life
Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary”.
Signatory states and public authorities are required not merely to adopt the Convention as a cosmetic device, but, rather, to ensure that the Rights so enshrined are “effective rights”. To that purpose, the Convention, and the resultant body of ECtHR case-law, establishes that authorities have “positive obligations” – that is, they must undertake positive steps to ensure Convention Rights are protected.
Article 2 of the ECHR forms the most “positive obligation” upon a contracting party. That is, the relevant public authorities are required not only to have in place legislation that forbids the taking of life, but are additionally, pro-actively required to take all reasonable steps to see that the lives of individuals are not placed in jeopardy.
In respect of the right to life, the European Court of Human Rights has ruled that states have three main duties:
a duty to refrain from unlawful killing,

a duty to investigate suspicious deaths and,
in certain circumstances, a positive duty to prevent foreseeable loss of life.
The United Kingdom, the relevant state, has recognised in law the need to ensure the protection of the lives of patients, given the extreme vulnerability of such people and the scope in an activity such as nursing for dangerous rogue practitioners to threaten life, and to take life. Thus the regulation and oversight of nursing standards is – expressly – vested in the NMC by law.
The NMC’s statutory functions, powers and responsibilities are laid down in statutory instrument 2002 No. 253 NURSES AND MIDWIVES: The Nursing and Midwifery Order 2001.
The purpose of the Order in establishing and empowering the Nursing & Midwifery Council is described in the explanatory Note accompanying the Order. The first paragraph of that Note says:
“This Order provides for the regulation of nurses and midwives and creates a regulatory body, the Nursing and Midwifery Council, which is required to set standards of education, training, conduct and performance and to put in place arrangements to ensure that they are met (article 3). It provides for the Council to keep a register of qualified nurses and midwives and creates four statutory committees: the Investigating Committee, Conduct and Competence Committee, Health Committee and Midwifery Committee (article 3(9)). The Order replaces the regulatory system provided for by the Nurses, Midwives and Health Visitors Act 1997.”
The Order itself describes and lays out the various powers and methods by which the NMC may undertake and achieve its functions as a public authority.
A lay-audience may consider the odds of a nurse seeking to harm or kill patients to be so remote – to be such a vanishingly rare occurrence – that it is somehow ‘proportionate’ and ‘reasonable’ and ‘measured’ to regard such a risk, or particular allegation, as something to be taken reasonably lightly.
Appended to this submission, and reproduced below is a survey (Twenty Murdering Nurses: A Global Media Survey) taken from global media sources (all readily accessible via the internet) of twenty cases of clinical murder, attempted murder and mass-murder by nurses. Any number of other cases could be added - but the point is established.
The legal relevance of these issues is clear. Although this explanation has never been offered by the NMC (no explanation at all has been) – it seems inevitable that the public authority will claim to have attached what it considered to be an appropriate “weighting” to the human rights of an accused nurse, and has decided to attach far greater “weight” to what it estimates to be the human rights of an accused – than it does to the human rights of vulnerable patients. In the absence of any actually meaningful explanation for the conduct of the NMC, it is not possible to imagine any vaguely rational or credible alternative explanation (at least, that is, non-criminal explanation) for the contested decisions of the public authority.
Obviously – the legal question arising is “did the NMC, in coming to such a judgment in the relevant case, in which it attached such weight to the human rights of a nurse, act lawfully?”
Whilst not exhaustive, some obvious focusing of that question will be, “was that judgment “proportionate”? Did it achieve a “legitimate aim?” Did it serve the deep legal requirements of giving “practical effect” to all of the rights described in the HRA? Did it give “appropriate consideration” to the rights of other people? Did it take into account all “relevant factors” and not take into account “non-relevant factors?” Did it take into account all of the “available evidence”? Was the decision-making body “properly informed”? Did it act with “procedural fairness”?
When assessing whether the actions and decisions of the NMC have been “reasonable” in the extant case, a key question we must ask is: -
“Are there sufficient grounds – and sufficient cases in the public record – to show that murderous nurses exist, and that such is the opportunity, power and practical means available to nurses with such intent to harm patients – that relevant public authorities should exercise pro-active vigilance – especially with regard to the Right to Life?”
If the answer to that question is “yes” – it is then immensely difficult – if not impossible - to see how the actions and decisions of the NMC in the extant case can have been lawful.
Certainly – the matter requires the “anxious scrutiny” of the court.
The following quote is taken from an article for Crime Library, titled, Angels of Death: The Male Nurses:
“In an article for Forensic Nurse, Kelly Pyrek, indicates that since the mid-1970s, there have been 36 cases of serial murder among nurses and other healthcare workers in the U.S. A survey shows that the incidences appear to be increasing, with 14 during the 1990s and already five since 2000. (The article was written before Cullen’s atrocities came to light, so that makes at least six.) ‘Many experts speculate,’ says Pyrek, ‘that healthcare has contributed more serial killers than all other professions combined and that the field attracts a disproportionately high number of people with a pathological interest in life and death.’”
In USAToday, journalist Rick Hampson wrote of the 2003 case of the male nurse and mass-murderer Charles Cullen: -
“But possibly the biggest reason that some nurses kill is that they can.
"They have access to patients who are often very sick, very old or very young — and access to drugs powerful enough to kill unobtrusively through an intravenous tube. And they work at institutions with an inherent aversion to litigation and publicity.
"Katherine Ramsland, a forensic psychologist at DeSales University in Center Valley, Pa., has worked with FBI profilers. "Some hospitals don't want the public to know they had someone like this, so they sort of shove the problem aside" with a dismissal, she said. "But then the nurse gets a job somewhere else."
In the case of the New Jersey mass-murdering male nurse Charles Cullen, seven nurses at St Lukes Hospital who worked with Cullen later met with the Lehigh County district attorney to alert the authorities of their suspicions that Cullen had used drugs to kill patients. They pointed out that, between January 2002 and June 2002, Cullen had worked 20 percent of the hours on his unit but was present for nearly two-thirds of the deaths. But investigators never looked into Cullen's past, and the case was dropped nine months later for lack of evidence. It was later learned that hospital administrators had stymied the investigation by not being totally forthcoming with investigators.
In September 2002, Cullen found a job at Somerset Medical Center in Somerville, New Jersey.
The executive director of the New Jersey Poison Information and Education System warned Somerset Medical Center officials in July 2003 that at least four of the suspicious overdoses indicated the possibility that an employee was killing patients. But the hospital put off contacting authorities until October. By then, Cullen had killed another five patients and attempted to kill a sixth.
State officials penalized the hospital for failing to report a nonfatal insulin overdose in August. The overdose had been administered by Cullen. When Cullen's final victim died of low blood sugar in October, the medical center alerted state authorities. An investigation into Cullen's employment history revealed past suspicions about his involvement with prior deaths. Somerset Medical Center fired Cullen on October 31, 2003, for lying on his job application.
Initially charged with 16 murders, Cullen involvement in dozens of other deaths came to light. Experts have estimated that Charles Cullen may ultimately be responsible for some 400 murders, which would make him the most prolific serial killer in American history.
The obvious conclusions and concerns in respect of nursing and the opportunity the profession provides for murder were expressed by John Field, an Australian Barrister and registered nurse, who studied killer nurses for a PhD. During an interview with Australian radio, Field said: -
“Virtually the only time that these nurses are detected is when there's a pattern of unusual deaths that's discovered. So there are a number of implications of that, but one of them is that oftentimes the killing can go on for a long time so then they have multiple victims over a number of years. They move from place to place, they have no pattern that's picked up.
“I think what we can learn is that nurses themselves need to have a heightened awareness of it. They have to at least at first accept the possibility that this could happen. And what I found was during the whole time I was doing this study, when nurses would ask me what I was doing my PhD on and I'd say, "Nurses that murder their patients". And they'd say, "Oh, you mean euthanasia, you know, putting people out of their misery”.
“And I'd say, "No, I mean people who are murdering their patients, that are actually doing it with malice and forethought, that are intentionally killing them for no good reason and sometimes when they're healthy." And they'd be astonished. They couldn't believe that a nurse would do such a thing. And I think that's part of the problem is that it's so hard to contemplate that that would be the case, it's such a foreign concept that it would be almost impossible to suspect your colleague of doing that.”
Interviewer: “And you found that even in the response of some hospitals in these cases that quite often they simply moved that nurse on if there were some suspicions, which only opened up the possibility of them doing it somewhere else?”
“That's right. Now the practice of permitting people who were suspected or considered to be possibly be killing patients, just moving them on, probably isn't a satisfactory way of dealing with it. And the fact that those people then went on to have long killing careers, sometimes 16 or more years, suggests that’s a very poor practice.”
It is very clearly – and tragically – established in the public record, beyond any credible dispute, that nursing as an activity is attractive to that small number of people who have psychopathic urges to exercise the power of life and death over vulnerable people. The public record also shows that nursing - perhaps uniquely, because of the amount of time and unsupervised access nurses have to vulnerable patients  - presents to psychopaths an unparalleled access to the opportunity – and the means – to kill. And to kill with comparatively slight risk of detection.
Twenty Murdering Nurses: A Global Media Survey:
1: Genene Jones
1985
“Genene Anne Jones (born July 13, 1950) is a former paediatric nurse who killed somewhere between 11 and 46 infants and children in her care. She used injections of digoxin, heparin and later succinylcholine to induce medical crises in her patients, with the intention of reviving them afterward in order to receive praise and attention. These medications are known to cause heart paralysis and other complications when given as an overdose. Many children however, did not survive the initial attack and could not be revived. The exact number of murders remain unknown, as hospital officials allegedly first misplaced then destroyed records of her activities to prevent further litigation after Jones' first conviction.
While working at the Bexar County Hospital (now The University Hospital of San Antonio) in the Paediatric Intensive care unit, it was determined that a statistically inordinate number of children Jones worked with were dying. Rather than pursue further investigation the hospital simply asked Jones to resign, which she did.”
2: Donald Harvey:
1987
“Donald Harvey is a serial killer responsible for killing 36 to 57 people, many of who were patients at hospitals where he was employed. His killing spree lasted from May 1970 until March 1987, only ending after a police investigation into the death of a patient resulted in Harvey's confession. Labelled the "Angel of Death" Harvey said he first began to kill to help ease the pain of dying patients, but a detailed diary he kept paints the picture of a sadistic, cold-hearted killer.

Beginning on August 11, 1987, and throughout several more days, Harvey confessed to killing over 70 people. After investigating each of his claims he was charged with 25 counts of aggravated murder, to which Harvey pled guilty. He was given four consecutive 20-year sentences. Later, in February, 1988, he confessed to committing three more murders in Cincinnati. 
In Kentucky Harvey confessed to 12 murders and was sentenced to eight life terms plus 20 years.”
3: Richard Angelo
1990 
“Working the graveyard shift put Angelo into the perfect position to continue to work on his feeling of inadequacy, so much so that during his relatively short time at the Good Samaritan, there were 37 "Code-Blue" emergencies during his shift. Only 12 of the 37 patients lived to talk about their near death experience.
Angelo, apparently not swayed by his inability to keep his victims alive, continued injecting patients with a combination of the paralyzing drugs, Pavulon and Anectine, sometimes telling the patient that he was giving them something which would make them feel better.
Soon after administering the deadly cocktail, the patients would begin to feel numb and their breathing would become constricted as did their ability to communicate to nurses and doctors. Few could survive the deadly attack.
Then on October 11, 1987 Angelo came under suspicion after one of his victims, Gerolamo Kucich, managed to use the call button for assistance after receiving an injection from Angelo. One of the nurses responding to his call for help took a urine sample and had it analyzed. The test proved positive for containing the drugs, Pavulon and Anectine, neither of which had been prescribed to Kucich.
The following day Angelo's locker and home were searched and police found vials of both drugs and Angelo was arrested. The bodies of several of the suspected victims were exhumed and tested for the deadly drugs. The test proved positive for the drugs on ten of the dead patients.
Angelo was ultimately convicted of two counts of depraved indifference murder (second-degree murder), one count of second degree manslaughter, one count of criminally negligent homicide and six counts of assault with respect to five of the patients and was sentenced to 61 years to life.”
4: Beverley Allitt
1993
“Beverley Gail Allitt (born 4 October 1968, Corby Glen, Lincolnshire, England), dubbed by the media the Angel of Death, is an English serial killer who murdered four children and injured nine others while working as a State Enrolled Nurse (SEN), on the children's ward of Grantham and Kesteven Hospital, Lincolnshire. Her main method of murder was to inject the child with potassium chloride (to cause cardiac arrest), or with insulin (to induce lethal hypoglycaemia).
She was sentenced to life imprisonment at her trial at Nottingham Crown Court in 1993 and is currently being held at Rampton Secure Hospital.” 
5: Orville Majors 
1999
“A former nurse who gave lethal injections to six hospital patients has been sentenced to 360 years for the "diabolical" murders. 
Orville Lynn Majors, 38, who reportedly told a colleague that old people ''should all be gassed'', had been linked to 130 deaths. 
But he was only tried on the seven cases the prosecution thought most likely to secure a conviction. Majors was found guilty on six of those counts last month. 
"It's the judgement of this court that the maximum sentence is the minimum sentence in this case," said Judge Ernest Yelton. 
Relatives of Majors' victims broke down in tears as he was sentenced to 60 years for each of the six murders. 
Judge Yelton described Major's crime as "a paragon of evil at its most wicked". 
The patients, four women and two men aged 56 to 89, died between 1993 and 1995 at the Vermillion county hospital in Clinton, Indiana. 
Prosecutors said Majors gave his victims fatal overdoses and that some of the injections were witnessed by their loved ones. 
Investigators said he used the potentially heart-stopping drug potassium chloride, vials of which were found in his home and car.” 
6: Edson Izidoro Guimarães
2000
“Edson Isidoro Guimarães (born 1957) is a Brazilian nursing assistant and convicted serial killer. He confessed to five murders of which he was convicted of four, but is suspected of committing up to 131 in total. He claimed that he chose patients whose conditions were irreversible and who were in pain.
Guimarães worked as a nurse in the Salgado Filho Hospital in the Méier district of Rio de Janeiro, Brazil. He was caught in 1999 when a hospital porter saw Guimarães fill a syringe with potassium chloride and inject a comatose patient who immediately died. The police were informed and a higher than average death rate on his ward increased their suspicions. On his arrest he confessed to five murders.”
7: Kristen Gilbert 
2001
“A former veterans hospital nurse who killed four of her patients with injections of poison should spend the rest of her life in prison, a federal jury decided Monday.

Kristen Gilbert, a 33-year-old mother of two, could have faced death by lethal injection and would have become the only woman on federal death row.
Gilbert was convicted March 14 of the first-degree murder in the deaths of three veterans. She also was convicted of the second-degree murder, which is not subject to the death penalty, in the death of another veteran.

Gilbert also was convicted of trying to kill two other veterans in her care.
From August 1995 through February 1996, Gilbert dealt out wholesale death. Her victims were helpless patients who trusted her as a caregiver, only to learn too late that she was a killer, her weapon a drug capable of causing fatal heart attacks. But she got away with murder until three of her fellow nurses could no longer ignore the proliferation of deadly "coincidences" on Gilbert's watch. Investigators believe Kristen Gilbert may have been responsible for as many as 40 deaths.”
8: Alison Firth
2001

“A nurse who drugged and killed a frail elderly woman has been found guilty of murder by a jury at Newcastle Crown Court. 
Alison Firth, 36, poisoned 84-year-old Alice Grant with an overdose of the sedative drug heminevrin in May last year. 
The court was told Firth may have killed Mrs Grant because she was lazy and could not face having to provide regular care for her in the future. 
Outside court, Detective Superintendent Chris Symonds, who led the inquiry, said the nurse acted in an evil manner and was a disgrace to her profession. 
He said: "The verdict demonstrates that elderly people have the protection of the law, notwithstanding the fact that they are extremely ill and in the last stages of their natural life. 
"In this case Alice Grant, as was articulated by witnesses, although very ill, was described as alert and able to express feelings through her eyes and touch to those who were caring for her. 
"She did not deserve to be killed in this way. 
"Firth deliberately set out, planned and executed the death of Alice Grant and the jury have seen Alison Firth for what she is.”
9: Timea Faludi
2002. 
“In early 2001 the Hungarian nurse Timea Faludi (then 24) confessed on killing approximately 40 elderly patients "for mercy". The case was uncovered when the medical director of the Gyala Nviro Hospital in Budapest noticed, that the death toll was unusually high, when sister Timea was on night-shift. Controls of the drug usage showed a shortage of tranquilizer. Faludi withdrew her confessions during trial and as all the victims had been cremated there was no evidence left.
Faludi was convicted to 9 years in prison for repeated attempts of murder and a lifelong prohibition to work as nurse.”
10: Christine Malèvre
2003
“French Nurse Jailed in 6 Deaths 
A French nurse who said she helped the terminally ill die out of compassion was sentenced today to 10 years in prison for the deaths of six hospital patients. 
The nurse, Christine Malèvre, had been charged with the murder of seven patients at a lung hospital in Mantes-la-Jolie near Paris in 1997 and 1998. She faced life in prison.

Ms. Malèvre's case sparked energetic debate on euthanasia in France, a predominantly Roman Catholic country, after she initially said she had “helped” about 30 terminally ill patients end their lives.”
11: Lucy de Berk
2003 
“A nurse thought to be one of the most prolific serial killers in the Netherlands has been jailed for life after a court found her guilty of the murder of four of her patients and the attempted murder of three others.
Lucy Isabella Quirina de Berk, 41, has repeatedly protested her innocence but on Monday a court in the Hague concluded that she had killed three babies and one elderly woman by lethal injection.
It also found her guilty of trying to murder two other babies and another pensioner.
The case has captured the public imagination because of the large number of people who died under suspicious circumstances in de Berk's care. She was initially accused of killing 13 and of attempting to murder five others.
The murders happened between 1997 and 2001 at three hospitals in the Hague. In each case the patient died of an overdose of either potassium chloride or morphine and de Berk was the last person to be at the bedside. During her trial, statisticians gave evidence that the chances of her being present coincidentally at each death were one in 342 million.” 
12: Anne Grigg-Booth 
2004
“Detectives charged Grigg-Booth in September 2004. 
The nurse was charged with murdering June Driver, 67, in July 2000; Eva Blackburn, 75, in November 2001; and 96-year-old Annie Midgley in July 2002.
She was also accused of trying to kill 42-year-old Michael Parker in June 2002.
As well as the murder and attempted murder charges, Grigg-Booth faced 13 counts of unlawfully administering poison to 12 other patients.
She was due to go on trial in April 2006, but died of an overdose aged 52 on 29 August 2005.
The night nurse practitioner was charged with the murder of three elderly patients after illegally prescribing and injecting powerful painkilling drugs as if she was a qualified doctor. 
But police believe she may have killed many more during her 25 years working at Airedale General Hospital in Keighley, West Yorkshire. 
Grigg-Booth also faced an attempted murder charge and 13 counts of unlawfully administering poison to 12 other patients but was never brought to trial because she died from a drink and drugs overdose at her home in 2005 at the age of 52.”
13: Charles Cullen  
2004
“Charles Edmund Cullen (born February 22, 1960) is a former nurse who is the most prolific serial killer in New Jersey history, and suspected to be the most prolific serial killer in American history. Cullen told authorities in December 2003 that he could specifically recall the murder of perhaps 40 patients during the 16 years he worked at 10 hospitals in New Jersey and Pennsylvania. But in subsequent interviews with police, psychiatric professionals, and the only journalist with whom he had ever granted interviews, Charles Graeber, it soon became clear that he had killed many more, whom he could not specifically remember. Experts have estimated that Charles Cullen may ultimately be responsible for some 400 murders- making him the most prolific serial killer in American history.”
14: Abraão José Bueno
2005
“Abraão José Bueno (born 1977) is a Brazilian nurse and serial killer. In 2005 he was sentenced to 110 years imprisonment for the murder of four children and the attempted murder of another four.
Bueno worked as a nurse in the Instituto de Puericultura Martagão Gesteira of the Federal University of Rio de Janeiro (UFRJ) in Rio de Janeiro, Brazil. 
In 2005 Bueno, working in a children's ward, began injecting babies and older children with overdoses of sedatives, causing them to stop breathing. He would then call medical staff to resuscitate them. In the course of one month up to fifteen children are thought to have been targeted, all between the ages of one and ten. Many suffered from AIDS and leukaemia. 
Bueno was arrested in November 2005. On 15 May 2008 he was found guilty by judge Valéria Caldi on four counts of murder and four counts of attempted murder. He was sentenced to 110 years in total.”
15: Vicki Dawn Jackson
2006
“A former hospital nurse pleaded no contest Tuesday to killing 10 patients nearly six years ago by injecting them with a drug used to temporarily halt breathing. 
Vickie Dawn Jackson, 40, will be sentenced to life in prison, the maximum sentence she faced if she had been convicted by a jury.
Authorities have not offered a motive for the slayings.
Jackson was accused of killing the patients, including her third husband's grandfather, by injecting them with a drug used to stop breathing to allow insertion of a breathing tube.
Prosecutor said the deaths occurred during her night shifts at Nocona General Hospital in 2000 and 2001. More than 20 vials of the drug were missing and a syringe with traces of the drug was found in the nurse's garbage, they said.”
16: Stephan Letter
2006
“A German nurse has been convicted and sentenced to life in prison for killing 28 patients at a hospital he worked at in the southern part of the country. Stephan Letter was found guilty of 12 counts of murder, 15 counts of manslaughter and one count of illegal mercy killing.
Letter, who was nicknamed the "Angel of Death" in the German media had admitted to giving lethal injections to 16 elderly patients at a local hospital and was thought to have killed 12 more.
He eventually said he could not remember how many he had killed.

During the trial, Herbert Pollert, the lead prosecutor, said autopsies had been performed on 42 former patients at a hospital in the Bavarian town of Sonthofen. 
The victims all died during the 17 months Letter worked at the clinic and most of the patients were above the age of 75, though one was as young as 40.
The deaths didn’t raise any red flags at the medical facility because of the patients’ age, but concerns appeared when officials found medications had disappeared.
Letter was finally arrested after authorities found some of the drugs at his home — an amount large enough to have killed 10 more patients. The nurse used a mixture of a sedative and muscle relaxant to kill the patients, and the drug cocktail would have taken only five minutes to induce death.
"We have the strongest suspicions that all 42 of the disinterred were killed by the accused," a police spokesman said. However, Police are unable to check the causes of death of 38 other patients who were at the hospital during the same period, because their bodies were cremated.”
17: Irene Becker
2007 
German Nurse Sentenced to Life for Killing Patients.
A nurse has been sentenced to life imprisonment for killing six patients in her care at the Charite Hospital in Berlin with an overdose of medication.
The German nurse went on trial in April for the murder of six people and the attempted murder of two others between June 2005 and October 2006.

Berlin's Charite hospital, Europe's biggest university hospital, came in for manifold criticism throughout the trial for failing to raise the alarm earlier.
Becker, who worked in cardiology, was arrested in October 2006 after a fellow nurse alerted a doctor about the disturbingly high number of patients dying in their ward.

Most of the nurse's victims had been elderly and close to death.
18: Colin Norris:
2008.
“A senior nurse who murdered four elderly women patients began a minimum 30-year jail term yesterday without showing remorse or explaining what led him to take his victims' lives.
Passing sentence on 32-year-old Colin Norris, Mr Justice Griffith Williams said months of evidence had left him no wiser about the motives behind a "thoroughly evil" betrayal of trust.
He had carried out the murders with increasing confidence over a six-month period in 2002 at two Leeds hospitals. 
The court and police praised Dr Emma Ward, who questioned an insulin dose given to one victim, 86-year-old Ethel Hall, and triggered the police investigation. But Hall's son Stuart, 53, said yesterday that the family and other victims' relatives were seeking talks with Leeds Teaching Hospitals Trust about an independent inquiry into the case.
"We hope Colin Norris never leaves prison and is never in a situation where he can harm anyone else again," he said. "I do not understand why he pretended to be a caring nurse when he was really a cold-blooded killer who preyed on the vulnerable."
Norris was convicted on an 11-1 jury vote of murdering Hall, Doris Ludlam, 80, Bridget Bourke, 88, and Irene Crookes, 79, and attempting to murder Vera Wilby, 90, who survived a prolonged coma after an unnecessary insulin injection. 
Det Chief Supt Chris Gregg, of West Yorkshire police, said he shared the judge's frustration at not knowing what led Norris to kill. He said after the sentencing: "Only he knows the answer to that, but I am convinced he would have gone on to kill more patients had he not been stopped in his tracks."”
19: Katariina Pantila
2009
“A Finnish nurse dubbed "the angel of death" for murdering a mentally disabled patient and attempting to murder a healthy eight-month old baby with insulin was found dead in her jail cell, police said Tuesday.
"She has perished there," an officer with the police in Turku, on the west coast of Finland, told AFP, confirming that Katariina Pantila, 28, died after resuscitation efforts in her cell at a Turku jail Monday.
Last week, an appeals court upheld a life sentence for Pantila, formerly known as Katariina Loennqvist, for the murder of a 79-year-old, bed-ridden woman by injecting her with insulin at a rehabilitation centre in 2007.”
20: Aino Nykopp-Koski:
2010
“A Finnish nurse was sentenced to life in prison on Wednesday for murdering five of her elderly patients with lethal drug overdoses, and for trying to kill five others. 
The Helsinki District Court found Aino Nykopp-Koski guilty of five murders, five attempted murders, three aggravated assaults, three thefts and possessing illegal drugs.
The murders happened in hospitals, hospices and private homes between 2004 and 2009.”
[The above document is an edited extract from the Detailed Argument of the Applicant in Stuart Syvret vs. Nursing & Midwifery Council: Case No.  CO/13887/2012.]

107 comments:

Anonymous said...

When is your case to be heard and please say it won't be heard in a corrupt Jersey court?

Ex-Senator Stuart Syvret said...

No date fixed yet.

But yes, that's right - all London courts.

This case and the other, imminent cases.

That is, unless the Jersey oligarhcy have me imprisoned again.

Or I have an "accident" - before everything comes to court in London.

Stuart

Anonymous said...

Have the Jersey Media picked up on any of this yet?

Ex-Senator Stuart Syvret said...

"Jersey media"?

You're having a laugh, right?

The Jersey media - none of it - even reported the key, evidential points from the privileged setting of the local courts, when I was being prosecuted.

Oh, you know, little things - like my entire defence case suddenly being deemed "inadmissible" - after three months work - as soon as the prosecution & court had received my expert witness reports - and realised the prosecution case had crashed & burned.

Or the Jersey judicial authorities - illegally concealing from me the existence of not one - but two - vital key witnesses.

Hell - in a recent posting I've actually published documentary evidence that shows unambiguous lying - straightforward conspiracy to pervert justice, and misconduct in a public office, by the NMC and the Jersey Crown prosecution service; questions from Jersey media? Zero.

None of which is remotely surprising to those of us familiar with "The Jersey Way".

You want to understand "The Jersey Way"? Just imagine "The Wire" - without so many overt killings - and more actual corruption of officialdom - especially the judiciary.

As far as Jersey hacks are concerned - as I've observed many times on this blog - when I reflect upon the conduct of the entire indigenous journalist population in Jersey - my overriding response is a deep and dark understanding of how the Holocaust was able to happen.

All that mass moral disengagement - all that Groupthink cowardice.

Stuart

Anonymous said...

There must be one Journalist in Jersey who will report these issues... Whta will they say when the muck hits the fan??????

Anonymous said...

"No date fixed yet"

When will you know a date or wil this just drag on and on.

Anonymous said...


News
Police officers cleared of misconduct charge

One law for "them" & one for the rest of us!!
JEP no comment section of course.

Anonymous said...

There must be one Journalist in Jersey who will report these issues...

There might be but where do they report it

Anonymous said...

If 'The Polo' is innocent who is not?
Could it be a Crown Officer?

Anonymous said...

For those of us without a legal brain, can you explain what:

1) What this means
2) What you are hoping to achieve

Thanks

Anonymous said...

Curtis Warren Police Case:

"Their actions (Jersey Police) were strongly criticised by Britain's highest court, but the trio were exonerated at a disciplinary hearing this afternoon at the Pomme D'Or Hotel."

How can these two points sit together and no one be held responsible.

Is this what is meant be Jersey justice?

Ex-Senator Stuart Syvret said...

A reader says:

"1) What this means
2) What you are hoping to achieve"

I would have thought what this means - and what it is going to achieve (indeed, is already achieving) was perfectly obvious.

Let's not play games, eh?

Extrapolate - and extrapolate - and extrapolate - and what sum does that unfolded inference arrive at?

What destination do we reach?

I know - and you know.

And you know that I know.

And I know, that you know, that I know.

Like I've said - this is where it goes down.

That's all I need to say.

And you know it.

There never was going to be any retreat - any surrender.

Stuart

Anonymous said...

Stuat.

Are you confident that the London Courts won't stall/delay or even strike out this/these cases?
And are you confident that this/these cases will be pushed forward to be heard within the next three months?
Or are you ready for this/these cases to be pushed back and sat on for as long as they can possibly can?

Anonymous said...

Looks like Sinel has deserted you
You still palls ?

Ex-Senator Stuart Syvret said...

Philip Sinel has been representing his clients.

What else would you expect a lawyer to do?

Stuart

Anonymous said...

My Friend: Why is Stuart Syvret involved in this murdering nurse situation? I thought his area of concern was child abuse.

Me: His area of concern is Jersey's institutional corruption leading to grave harm to the most vulnerable people. After he was regularly re-elected by wide margins to represent the people, this was a prime ministerial duty.

My Friend: But won't this take away from the topic of his campaign of justice for child abuse survivors?

Me: Read this line out loud.

My Friend: "Some hospitals don't want the public to know they had someone like this, so they sort of shove the problem aside" with a dismissal, she said. "But then the nurse gets a job somewhere else."

Me: any parallels?

My Friend: Wow. Just substitute the word pedophile priest, or Boy Scout leader, teacher, football coach, child care worker, and so on. Yeah, it is the same everywhere. You really would have to change the entire institutional culture to make reporting the suspected crime mandatory and both exposure and complete investigation a high priority. You'd have to make it illegal for witnesses to fail to report, for police to fail to fully investigate, and for those in authority at any institution or jurisdiction to knowingly allow the suspect to move on to re-offend somewhere else.

Me: The same institutional, political and judicial culture of concealment is at work, failing to protect those they have a mandate to serve. And Jersey is a microcosm.

Elle

Anonymous said...

Wow, thanks for that explanation. Not sure I am any the wiser, but you obviously know what you are doing

Anonymous said...

It seems to me that the Attorney General's problem is in prosecuting a civil servant and then having to defend that same civil servant's actions in a subsequent civil case.

May I pose a couple of questions?

When was the last time a Jersey civil servant, be it police officer, nurse, planning official etc etc, was the subject of a criminal charge in circumstances where a civil liability against the States of Jersey exists for the conduct of that official?

Would the Attorney General, in deciding whether to bring criminal charges against a civil servant, not have to ask himself if the States of Jersey might be civily liable for that persons actions?

If the Attorney General decides that there is sufficient evidence to bring a prosecution, but knows that the States will be sued as a result, what process is followed?

Does, "not in the public interest" actually mean "you can't expect me to do both so I won't bring charges"?

Ex-Senator Stuart Syvret said...

The obvious fact is that the population of Jersey are not protected by an effective, impartial prosecution system.

If we were, not only would a substantial number of public employees have been prosecuted over the years - so would various States departments for certain acts of corporate criminality.

It is really simply an example of overt, contemptuous class-war by the Crown establishment in London, that the ultra vires system in Jersey is allowed to persist.

Stuart

Anonymous said...

The Jersey Police officers were not represented before the privy council and that is the reason why the two don't stack up. At the privy council it was the Crown Officers covering their own backs and protecting their own lawyers whom had guided and advised the officers on what to do and even when it was pointed out by those very same officers that there were certain flaws in the case it was again the Crown Advocates who decided to pursue the prosecution. If you need to blame someone, and you really shouldn't as the protection of the Island and it's youth comes before the rights of scum, then blame, as you call him, Barking Bill and his mates as it was all down to him and his team on his watch.

Ex-Senator Stuart Syvret said...

I wouldn't necessarily argue with that.

Of course William - "Barking Bill" - Bailhache was behind this ultra vires act; him and his very lucratively rewarded friends at 7 Bedford Row.

And Tim - "Dim Tim" - Le Cocq is keeping up the tradition of Jersey Attorney Generals - as started by Philip Bailhache and developed by Michael Birt - of twisting, ignoring, or applying the "law" - as and when it suits them.

The big problem we all face in Jersey - is that those Crown-appointed Attorney Generals remain above the law - and wholly unanswerable for their various overt malfeasances.

Stuart

Anonymous said...

"The Jersey Police officers were not represented before the privy council"

Yes they were.

The Attorney General's Office were obliged to instruct counsel to defend the prosecution at the appeal. As the issue of corruption was central to the appeal the Crown appointed QC represented those officers in defending the indefensible.

Agreed though that The AG's Office should have been in the dock as well.

Anonymous said...

There is a lot of hysteria about people attempting to import cannabis which is by no means harmless but far less harmful than alcohol and tobacco. And our children are not usually assaulted by those who use cannabis.

Anonymous said...

Article in Daily Telegraph today about the failings of the UK prosecution service and police in investigating Jimmy Savile. Shouldn't Jersey ask to be involved in the investigation so that our legal and policing services can learn from any mistakes?

Ex-Senator Stuart Syvret said...

The inescapable problem the Jersey prosecution and police face, is that there is no need for an investigation here.

It's already plain - on the evidence - where the profound and structural faults lay, within the Jersey system.

Essentially - neither the prosecution function - nor the policing function - in Jersey are lawful.

Both are so structurally conflicted - and plainly incapable of properly discharging what should be their exclusive lawful functions as "public authorities" - as to be permanently ultra vires.

And that is quite in addition to - of course - the very numerous examples of straightforward criminality - such as conspiracy to pervert justice, and misconduct in a public office - by various Jersey prosecutors and police officers.

I mean - hell - just take the simple matter of the politicised, illegal oppression conducted against me by the policing / prosecution function in Jersey. It is now very plainly evidenced in that one case on its own - that prosecutors and police witnesses conspired to pervert justice, and committed perjury.

So, the question is: where is the "law-enforcement" apparatus in Jersey in light of this clear evidence?

It is no-where to be seen - because that apparatus IS the criminally culpable system and individuals.

So the next question is: where is the Crown, in light of this overt collapse in the proper rule of law?

It is no-where to be seen - just like that system failed in Hillsborough, Orgreave, phone-hacking and Savile.

So, what happens next?

As in several of those despicable scandals - a long and extremely messy attritional war through the UK courts.

And given the "constitutional" peculiarities of the Jersey situation - the place being a "protectorate" of the Crown - some most interesting witnesses are going to have to be called during proceedings.

Well - really - given the madness of the Jersey oligarchy, and the accompanying protection and support from the highest circles in London - what else was expected?

Was it really imagined that the kind of criminal official conduct we've seen in the last five years would go unchallenged and unthwarted - in the 21st century?

Stuart.

voiceforchildren said...

Stuart.

EQUALITY OF ARMS

Anonymous said...

Stuart.

Do you expect any kind of progress this week, or month?

Or is it purely a long waiting game?

Ex-Senator Stuart Syvret said...

Both.

There will be progress; final Letter Before Claim / Action is going into Secratary of State, and Privy Council. All nice and freshly boosted by the evidenced fact the Jersey prosecution system the Crown is responsible for, is a lying, conspiring, justice perverting criminal enterprise.

But, of course, it will all still be a long, long process.

This is an attritional war - that the Jersey mafia and their London protectors will drag out for years.

Stuart

Anonymous said...

An "attritional war?" They took on a man who does not quit. I see you have more than 750,000 readers of this blog most of whom probably believe Jersey and the UK FACAWs bet wrong when they thought they could silence you through intimidation, and that this story would just go away.

Elle

Anonymous said...

yes, it has long been an attritional war - and one fought on many fronts

- Just a quick "sit rep" from one you might be interested in:
http://www.thisisjersey.com/news/2013/01/11/no-change-to-electorial-commission-proposals/#comment-237493
by Darius Pearce, January 13, 2013 at 12:42 pm
Well Matt, the trouble with Senators is that you are only allowed to spend £10,000 on a campaign which is insufficient to run a successful bid unless you have the backing of the JEP, which is the only media which is allowed to be openly biased during elections and aren’t they just.

To oppose the status quo I would suggest that an expenditure somewhere in the region of £100,000 would be required otherwise you cannot compete with the free but biased press coverage that some candidates will receive.

The JEP’s readership is predominantly the older people who are the only ones who vote.

The rules for newspapers assume a plurality of publications. So unfortunately the JEP is the principal barrier to democracy in Jersey.

----------------------------------
GOBSMACKED that that got past the JEP censors "the JEP is the principal barrier to democracy in Jersey" - I have made numerous attempts to say similar things only to have all but the most oblique references to this valid opinion deemed inadmissible.

I followed up Mr. Pearce's excellent remark with :
===================================
Dragged kicking and screaming into the 21st Century !

Yes and the online "journalists" have shamed the paper into publishing some comments like this.

But it is still probably only because you have a voice of your own that they published on this occasion

:-)

Leanne [D'Throll]
===================================

Of course the JEP did not publish my comment - but they did not think that I had "a voice"

Thanks to the Jersey Bloggers, or should we say "real Journalists" we all have a voice

Thank you.

More on the other fronts later.

I now understand why you have in the past recommended voting for Darius Pearce !

However I remain concerned that -even with his understanding that the elections of this island are basically chosen by a partisan owned newspaper and associated media -he is so busy campaigning for UDI from the UK.
Independence from the UK is unthinkable until proper democracy is achieved on this island.

Even when proper democracy is achieved Jersey will remain right-of-centre because the electorate is largely right-of-centre

Proper democracy not only gives fair representation, validates the decisions made in our name, but also gives the opportunity of unity an island nation or crown dependency.

"King Bailhache" is a deeply divisive prospect.
No wonder they are desperate to get Tasers approved so that they can control the bodies as well as the minds -Shocking !

Anonymous said...

"The JEP’s readership is predominantly the older people who are the only ones who vote"
Can't a campaign other than "media" be used to allow young minds to see what is going on & how it could affect their future?

Anonymous said...

JEP online Minty etc accuse AG!!

Early retirement packages on the way “health” most probably!!

Anonymous said...

Sent a comment EP online earlier re Minty etc taking "ill health" retirement after accusing AG of "charging" them over the Warren case,lo & behold go back to see if the were showing it & the WHOLE comments box has disappeared,too many critical comments I suppose !!

Ex-Senator Stuart Syvret said...

Well, what else could we expect?

Are there really many people left in Jersey who aren't aware of the dark pact between the Jersey Evening Post and the Attorney General's Office?

The conduct of those two entities must forever more be shaped by the words of Benjamin Franklin: "We must hang together, gentlemen...else, we shall most assuredly hang separately."

However - that strategy is not going to save them.

And really - when you pause to consider the situation - it was always doomed to end in 'mad-last-stand-in-the-bunker' territory - from the instant the Chief of Police was illegally suspended in a criminal conspiracy in November 2008.

The die was cast then.

All events since then have represented nothing other than the deranged digging deeper of the hole.

A kind of crazed, spittle-flecked raging against modern realty & the rule of law on the part of the Jersey establishment and the lunatic Bailhache brothers who were allowed to lead them down the path of insanity.

I mean - "independence for Jersey"?

A nice "stable", "credible" option?

Yeah, yeah.

Meanwhile - back on planet Earth - a reckoning awaits at the hands of that tiresome phenomenon known as 'reality'.

Stuart

Ex-Senator Stuart Syvret said...

Hi Stella & apposite friends.

You know, I thought you’d be interested in the title of Section Five of the Statement-of-Case against the Secretary of State for Justice, and the Privy Council.

“The Four and the *****-**********: A Case-Study in the Corruption of Criminal and Civil Law-Enforcement in Jersey.”

You know, I think it’s pretty splendid – even if I say so myself!

I just love this stuff.

I really do.

It’s like being a witness at the decay and collapse of the Roman Empire.

Stuart.

voiceforchildren said...

Stuart.


ASK NO QUESTIONS.....

Ex-Senator Stuart Syvret said...

What's the matter, Stella?

You've suddenly become very quite tonight.

Stuart

Ex-Senator Stuart Syvret said...

I've had to spend most of my adult life desperately battling against real, real villains - really, some of the most profound and dangerous and powerful scum you could ever expect to encounter.

So when I read these kind of words, from British cyclist Nicole Cooke, forgive me if I think so many people have lost serious perspective:-

"I have ridden through the time of Lance and all of the dreadful tragedy that the abuses surrounding him have brought to my sport."

Look - Lance Armstrong is a liar and a crook; he cheated his competitors; he is a shameless fake.

But is what Lance Armstrong did a "dreadful tragedy"?

He took some drugs - to win some bicycle races.

What he - and Nicole Cooke - do, is show-business.

Nothing more, nothing less.

Indeed, he - and her - are still doing showbiz now. I'm entertained; I admit it. The human drama of it all. It's like something out of an attic tragedy.

And, you know, I feel for those cyclists he beat - who only came 10th - and only earned two million - instead of twenty - I really do.

Yes - Lance Armstrong is a crook - a cheat - a con-man.

But just hold on a minute.

He and the whole circus - they're all just show-business.

Before we get too, too carried away at Lance Armstrong - the despicable, subhuman, war-criminal, psychopath, monster - let's just remember - there are "respectable" politicians, prosecutors, journalists - and BBC managers - out there - who knew of children being abused and raped - yet remained silent - allowed the attacks to continue - and the abusers to escape justice.

So if you feel a particular need to fulminate against monsters in our society - before you screech abuse and hatred at a deluded, addled, damaged, posturing clown like Lance Armstrong - just think - who, actually, are the real villains, against who our energies are best spent?

Stuart

Anonymous said...

Stella... Who the f*** is Stella?

Not a bad idea for a song!

Anonymous said...

But Stuart, what if Rheinhold Messner had used drugs to achieve his 8,000m ascents? Wouldn't you consider that a tragedy for mountaineering?

Ex-Senator Stuart Syvret said...

No.

Because mountaineering is an abstract concept - attached to a physical activity. As such - it can't have "tragedies".

A tragedy is a 9 year old orphan - being sodomised by a civil-servant and his friends. That's a tragedy.

Psychopaths like Jimmy Savile - being permitted to run amok against children for decades, by many hundreds of people over that time who could have, and should have, stopped them. That's a tragedy.

A sportsperson using some drugs to gain an advantage - is not a "tragedy".

And in any event, mountaineering as a sporting activity is fundamentally anarchic - yet self-judging - in its traditions.

There are no "rules" in mountaineering.

You want to use oxygen at high-altitude? Diamox? Steroids - to help you do the first of ascent of that 8c line? Great.

Go for it.

No one is going to test you - or try and ban you from anything.

Some climbers regard using camming devices as "cheating"; ditto chalk, micros, sticky rubber rock-shoes.

Of course - as anyone who follows climbing - or who reads the climbing press or blogs will tell you - there is simply no other sport as toxicaly condemnatory over issues of "style" - of "authenticity" - of "ethics". In many ways, that ultra-intense debate is the "code" that climbing has, instead of "rules".

It is that way because, for most climbing - for most of the time - for most climbers - there is no crowd, no audience, no competitors in that traditional sense.

There is the presence of death.

And even when death comes to climbers - still, it is no 'tragedy'. Rather, it's a part of the bargain; a part of the territory.

Climbers - in spite of it all - do not face "tragedy". What they face is what Reinhold Messner describes as "the capacity to suffer" - and what Joe Simpson describes as "the beckoning silence."

Stuart.

Anonymous said...


Stuart,

The police are claiming to be felt let down by the AG.

Is this the start of a breakup of tolerance and cooperation between the two organisations in your opinion. What is going on if anything ?

thejerseyway said...

Hi Stuart.

Just put up the Audio from this mornings States meeting, you know Questions without Answers.

Question 13 was quite interesting if you know what I mean, some people who should of Known said they didn't put said I think a little more then they wanted, If you Know what I'm talking about of course.

Have a Listen HERE

TJW.

Anonymous said...

Yes, that audio of Question 13 from the Jersey parliament today is very very interesting. I'm sure readers of this blog in particular will find it fascinating.

Can I also say, I think readers of the Jersey blogs all know very well who 'Stella' is. A certain inadequate abusive drunkard who is protected by the Jersey 'Establishment' and who may not be that far removed from the subject matter of that Question 13 as linked to above.

Ian Evans said...

Questions without answers turns into complaint against MIKE BOWRON

Ian Evans said...

Jersey breaking INTERNATIONAL LAW

Anonymous said...

Dear Ex. Senator,

Well if only one could take life seriously here in Jersey but one must be thankful for our States members who always provide us with the means to be 'cheerful' and today was no exception. The members voted against the proposition of Mike Higgins for the translation of the French law into English. O.K fine that's democracy for you....but wait...where does that leave the age old saying 'ignorance of the law is no defence'? well sorry Mr Philip Baillache but in this case it is because if you cannot even read the law concerned you are NOT in ignorance you are simply in the dark! what time is the boat due in the morning?

Zoompad said...

Looking on the bright side, them voting against allowing predominantly English speaking people being allowed to read the law in their own language is pretty similar to what happened 500 years ago when William Tyndale tried to let the people of England read the Holy Bible (the cradle of our judicial system) in their own language. I suppose Mike Higgins had better count his blessings that at least he hasn't been burnt to the stake!

Anonymous said...

The trouble with translating all these old (but still applicable) laws that are in Jersey Norman French is that we might realise we are still subject to some rather arcane legislation.

I wonder if there is something along these lines: If a man has carnal knowledge of a child he shall be incarcerated and all his goods taken away. However if the "gentleman" concerned is of standing and influence in the community then the child shall be detained at, and for his pleasure.

Would this explain events of the last few decades ?

I am not entirely joking as in Jersey some laws and punishment options were split by "class" -and maybe they still are.

The chances are that Jersey Law (as maintained and administered by the Bailhaches for decades) is a mess and a joke.

Anonymous said...

Yes the "answer" to question 13 is fascinating from the BBC recording :

http://thejerseyway.blogspot.com/2013/01/questions-without-answers-150113.html

So before he started stone-walling Ass. Minister Routier effectively confirmed that there is a taxpayer funded Super Dysfunction still operational in our legal system.

Anonymous said...

Yes a "Super Dysfunction" and one of those other thingies that we are not allowed to talk about
(without risking being put in prison !)

Anonymous said...

Dear Ex. Minister Syvret,

I have no idea what a "Super Dysfunction" is. I presume that it refers to some pillar of civilisation that is not working very well, is 'disfunctioning', or is somehow being used for an illicit purpose for which it is not fit.
A mystery that remains all the more fascinating as apparently selected private individuals are apparently being legally protected using the public purse.

I must stress that this totally unrelated but this mention of "Super Dysfunctions" brings to mind a British legal peculiarity sometimes referred to as a "Super Injunction" and I wonder if I might request advice and opinion from you or from one of your knowledgeable or well informed readers.

Can a "Super Injunction" be obtained in a Jersey or Channel Island court ?

If so, How would we know about it ?

And if so, would the Jersey Super Injunction be enforceable in the rest of the UK (EU ?) even given the fact that Jersey courts may not be subject to the same standards or checks and balances as the UK courts ?

If a Super Injunction was obtained in Jersey, what level of scrutiny or investigation of the evidence or level of public interest would be required ?

I am sorry to bother you and your readers with this when you must be so busy on unrelated matters but this subject is of considerable academic interest because if "Super Injunctions" were to be open to being misused then it could mean that lawyers and rich people would own the nation and it's courts and it's press and that things that we value like democracy and freedom and the fair rule of law could largely by a pantomime or charade controlled by the puppet masters.

If reputations, and access to the flow of vast amounts of money were at stake, where would these "puppet masters" stop ?

Leanne x.

P.S. did I mention that these questions were TOTALLY UNRELATED to the previous discussions of "Super Dysfunctions" (whatever they are)

Thank you Mr.Syvret
Stay safe :-)

Anonymous said...

Hi Stuart, Well yesterdays sentencing said it all as far as victims of abuse are concerned. Each victim to be paid £5000.00 compensation and the prosecution get £35,000.00 for their trouble!

Anonymous said...

Re 'The Super Dysfunction'. Sometime ago I posted a youtube video of the Sound of Music ' Farewell, Goodbye' song where the actors leave the room in sequence. Some of your correspondents had no idea what I was getting at . I still maintain that the Dysfunction can be proven to be a logical inconsistency by mentioning those in an obvious list and by leaving out those from that obvious list who absolutely should be there.
An example would be 'Given three policeman, Pc Pugin, Pc Caughtless and someone else '. People would know by inference that Pc Fox-Glacier was the third.

This makes the whole thing patently nonsense , and the device of the truly stupid.

That is except that if one then puts The Dating Commisar in a list as well,
then we may have a true solution to the Russell Paradox which according to naive set theory, any definable collection is a set. Let R be the set of all sets that are not members of themselves. If R qualifies as a member of itself, it would contradict its own definition as a set containing all sets that are not members of themselves. On the other hand, if such a set is not a member of itself, it would qualify as a member of itself by the same definition.

If some of your readers were confused before then the States employees that read this for a living are going to get a bald patch on their head (again).

Anonymous said...

I am looking for a link to a leaked list of the names of Freemasons in Jersey. Can anyone assist?

Anonymous said...

Just a thought about about ancient Jersey law being in French.

From my own experience when I was acting as a litigant in person I learned that some ancient statutes that were still potentially binding in my case were not available to the general public. They were kept in the law library (ie for practicing lawyers only).

When I asked for access to the library needless to say it was refused.

It was then I realised quite what a rich man's racket 'Jersey equity' really is.

Anonymous said...

'I am looking for a link to a leaked list of the names of Freemasons in Jersey. Can anyone assist?'


Just ask a Policeman!

Anonymous said...

In a statement released following the jailing by the Royal Court yesterday of Ralph Cyril Mauger (77), they said that they felt let down by the Jersey justice system and warned their experience

Are people beginning to realize there is NOT a justice system in Jersey.

Anonymous said...

Surely the sentence given to Mauger, should have been decided by the jury that convicted him?

If it wasnt that jury, then who was it who let him off much too lightly!?

Ex-Senator Stuart Syvret said...

Juries don't set sentences.

Stuart

Ex-Senator Stuart Syvret said...

A more pertinent question would be to ask - 'how did private interests - largely embodied in the Jersey law firm Ogier - come to have such control - de facto "ownership" - of what passes for a Crown Prosecution Service, and judiciary in Jersey?'

Some time ago, I did try asking, via the Jersey court secretariat, Commissioner / Advocate Julian Clyde-Smith some extremely serious questions about this subject - but for some reason he suddenly dried-up - when the questions became interesting.

Oh well.

It's the administration of justice - it's the Crown.

The Secretary of State is going to have to answer, instead.

Stuart

Póló said...

Re Anonymous @ 15:12 above:

Is it the case that not only are some Jersey laws not available in English, they are not available at all (except to lawyers)?

Wow.

Does Her Majesty know this? And her Justice Minister?

Anonymous said...

While the existence of laws not in English is clearly a signficiant issue, at least in theory, let's be realistic. How many people have actually read any of Jersey's laws - in French or English? Not many.

A much more serious gap in Jersey's justice system is the cost of hiring a lawyer. With Jersey often decidely mediocre lawyers hiring themselves out at £600 per hour or more, how many ordinary working people in the island can actually afford justice in any language?

Anonymous said...

Sorry Polo
but they are fully represented
http://www.jerseylaw.je/law/lawsinforce/default.aspx


Anonymous said...

I always have trouble finding out who is accountable for important matters in Jersey, and what the precise local rules and laws are. I had the same questions Polo had in the comment he made at 21:51. Whether or not people take the time to read laws or not, the very principle of citizens not being able to learn what is legal or illegal in Jersey is too critical to dismiss. The inability of most to afford legal representation is a separate matter. It would be suspicious enough if the laws were written in a language not understood by most non-lawyers on the small island. If some laws are not even available for viewing in any language, another commenter is correct to presume that would lead to something much more devastating than ignorance of the law. At least ignorance is sometimes alleged to be willful. Inability to access laws could lead to complete inability to even be aware of breaking a law, which could not be justified in any alleged democracy. Now, I see from the link to the legal page, there is a disclaimer as to completeness or validity of legal information on the official site. What agency or office in Jersey is officially liable for making laws available to those who do want to understand them?

voiceforchildren said...

Stuart.

Operation "Invicta", A conspiracy Theory and A PROMISE

Anonymous said...

Hello

Just to follow up my message from 15.12 yesterday about my being refused access to certain ancient statutes held in the island's law library.

As a layman I think I am correct in saying that Jersey courts rely on:

1 - Laws passed locally

2 - English law

3 - Norman customary law

It is the latter category I had difficulty in accessing and which left me at a potential disadvantage. The link posted at 23:51 yesterday seems irrelevant as it only appears to list Jersey Law.

Ultimately it turned out to be academic but it was clearly a very unsatisfactory state of affairs and at at odds with any notion of equality before the law.

Of course the situation may have changed over the past 10-15 years. Perhaps the poster @23:51 can inform us further?

Anonymous said...

1850-1899 on the website provided at 23:51 is not in english

Anonymous said...

Oh the times they are a changing

http://www.independent.co.uk/news/uk/crime/police-launch-criminal-investigation-into-mps-child-sex-ring-8456434.html

Anonymous said...

http://www.dailymail.co.uk/news/article-2264945/British-paedophile-jailed-paying-poor-Bulgarians-60-000-sexually-abuse-sons.html

Anonymous said...

Over 780,000 page views to keep the Jersey Establishment awake at night. Tick tock...

Ian Evans said...

Common Law, Customary Law, & the BAILHACHE Bro's

rico sorda said...

http://ricosorda.blogspot.com/2013/01/the-jersey-judicial-system-bailhache.html

The Bailhache boys.

The real power in town

rs

Anonymous said...

Why are JEP journalists leaving.Ben Queree,Ed Bolla and Ramsey Cudlipp all appear to be leaving.

Anonymous said...

Don't think Ramsay is leaving. He said in his J2 column that he would be moving to a column in the main body of the paper, presumably to replace BQ or EB, who are leaving.

Anonymous said...

Why are BBC Jersey journalists leaving the sinking ship?

The pretty blond news reader has recently left and anchor woman Gwyn Garfield-Bennett is going soon.

New anchor man Mathew Price?

Surely not!

Anonymous said...

"Why are JEP journalists leaving.Ben Queree,Ed Bolla and Ramsey Cudlipp all appear to be leaving?"

Sales are down and they cant afford to keep so many staff on?

JRCbean

Anonymous said...

There seems to be an eflux of 'contaminated' staff across all of Jersey media. It is likely that this forms a pattern rather than a pure coincidence.

The staff can cleanse themselves of their "Historic" collaboration with the concealers of corrupt child abuse and worse and more on to pastures new.
The media companies can blame the departed staff for the "Historic" poor & one sided journalism to maintain the States' cover ups.
It will work to some extent but fortunately not all in the population are that stupid or lacking in memory.

Re. 20Jan 19:02 Re.JEP "Sales are down and they cant afford to keep so many staff on?" - Yes that is probably true that the JEP is in terminal decline. Not unconnected though; perhaps it is one bigoted cover up too many and most people despise the JEP. Even business hate it because their ad. rates are ludicrously high.
It was only a matter of time but the mouthpiece of the opinion managers and puppet-masters is dieing

Media will remain powerful, predominantly in it's newer forms, and still seek to "pull our strings" so we must keep an eye on what is not being reported by following the quality blogs.
It is difficult to keep up to date with all the relevant local blogs but most important local developments get reported in Jerseys free and independent online morning paper "Jersey Today"

http://paper.li/St_Ouennais/1335025742

The "Jersey Today" paper is quite hard to find on a web search so it is worth adding it to your 'favorites' or even making it your 'home page'.
It already has quite a readership but I wonder if it's writers should update the paper's name to "Jersey CI Today" or "Jersey Today CI" which should make it much easier to 'google'.

Anonymous said...

Mr Syvret, rumour reaches my ear that the recent attempt by our Attorney General's Office to 'fit-up' 3 Police Officers over the Curtis Warren case is yet going to have dramatic consequences. Having known Tim Le Cocq I long understood the appellation 'Dim Tim' but I've still been taken by surprise at just how thick he is. He is a 'fag', in the public school boy sense, for the Bailhache brothers and Michael Birt (and Julian Clyde-Smith). I recollect reading on your blog quite some time ago a reader who commented that the position Tim Le Cocq was in was like a person who had inherited, and who henceforth had to carry, 2 large buckets filled with shit; they were getting fuller, getting heavier, the stink was revolting, as he staggered under the increasing weighted, the shit was slopping over the rims, splashing him, staining him, the stink getting worse and worse, the buckets getting fuller all the time, with other people's shit, heavier and heavier.

I doubt very much he has the intelligence to read your blog, but on the off chance he does, I'd like to use your columns to inform him that when (not 'if') the report of the recent disciplinary hearing gets into the public domain sometime in the next week or 2, it will represent the last chance he ever has to dump those buckets of shit. To cast them off, onto those whose shit it is.

Admittedly, there's no clean way out of the mess for Tim, but the first step of cleaning off the shit has to be admitting that you're in it. Without that first step you're doomed to drown in the shit.

Jersey Conservative

Anonymous said...

We look forward to it hitting the fan in the next few weeks.

I vaguely remembered Tim with his "buckets of shit". I thought the original comment was worth a google and it just plopped out :

http://stuartsyvret.blogspot.com/2012/02/jersey-government-willing-to-lie-make.html
Anonymous said... Wednesday, 22 February 2012 22:18:00 GMT
Stuart, do you think current Attorney General Dim Tim Le Cocq possesses sufficient intelligence to have by now realised what a disastrous mess he has dug himself into? It's obvious to anyone looking at the situation from the outside that he has fallen for the same tricks that Ian Le Marquand fell for. Which is that they were both "clean hands" coming into their jobs but like utter schmucks, they were mugged into carrying on other peoples dirty corruptions and cover-ups. Both men could have made an historic difference and have gone down in this whole scandal as "good guys", the men who finally broke the chains of inherited corruption in Jersey's public authorities. Instead they're doomed permanently now to forever be carrying around a huge stinking, sloping bucket of other peoples shit. With more being poured into it from time to time, it splashing their clothes, spilling over the edges, filling their shoes, impossible to ever be clean from, getting heavier and heavier, whilst those whose shit it is laugh at them behind their backs.

You forgot the delightful image of it filling his shiny shoes but "Jersey Conservative" you do have a very impressive memory !
And, like the original commentor, something of a poet :-)

Le Marquand was also correctly identified as another Bailhache-bucket-carrier, but I think that Le Marquand at least realises his mistakes and has started distancing himself from the Bailhaches'.
Le Marquand even admitted on BBC radio that the sex abuse at Victoria College was covered up. I think it is still on one of the audio recordings here:
http://thejerseyway.blogspot.com/2012/11/bbc-radio-jersey-interviews-blogers.html

It is never too late to start doing the right thing but he is probably too spineless.

Ian Evans said...

"Le Marquand even admitted on BBC radio that the sex abuse at Victoria College was covered up."


As if that is anything to be proud of?

So did half the planet!

Nothing Le Marquand does now will atone for his criminality....

Anonymous said...

"Nothing Le Marquand does now will atone for his criminality" -Yes I know that and you know that! -But there was just a slight chance that Le Marquand viewed his position more optimistically.
I see the Le Marquand admission of the Victoria College sex abuse cover up as a significant and positive development (or a sly manoeuvre to regain some shred of credibility or to distance himself from the Bailhache timebomb)

As I said "It is never too late to start doing the right thing", and maybe that was the first step on a long road.

Perhaps Le Marquand could never fully redeem himself in your or my eyes, but there is just a chance that his god is more forgiving and that he might not go to hell.

Don't leave it too late Ian [Le M], that size zero hoodie with the scythe is gaining on you, and he never sleeps.

Anonymous said...

re 21stjan 20:59

Below I deposit some words of wisdom which may or may not be of use to Tim le Cocq.
I omit lessons 1- 4 as they have no reference to excrement.

lesson 4
A turkey was chatting with a bull.
'I would love to be able to get to the top of that tree' sighed the turkey, 'but I haven't got the energy..'
'Well, why don't you nibble on some of my droppings?' replied the bull. They're packed with nutrients.'
The turkey pecked at a lump of dung, and found it actually gave him enough strength to reach the lowest branch of the tree.
The next day, after eating some more dung, he reached the second branch.
Finally after a fourth night, the turkey was proudly perched at the top of the tree.
He was promptly spotted by a farmer, who shot him out of the tree.

Moral of the story:
Bull Shit might get you to the top, but it won't keep you there..

Lesson 6

A little bird was flying south for the winter. It was so cold the bird froze and fell to the ground into a large field.
While he was lying there, a cow came by and dropped some dung on him.
As the frozen bird lay there in the pile of cow dung, he began to realize how warm he was.
The dung was actually thawing him out!
He lay there all warm and happy, and soon began to sing for joy.
A passing cat heard the bird singing and came to investigate.
Following the sound, the cat discovered the bird under the pile of cow dung, and promptly dug him out and ate him.

Morals of the story:
(1) Not everyone who shits on you is your enemy.

(2) Not everyone who gets you out of shit is your
friend.

(3) And when you're in deep shit, it's best to keep
your mouth shut!

THUS ENDS THE FIVE MINUTE MANAGEMENT COURSE

Zoompad said...

Brilliant, and very true.

Anonymous said...

Fabulous @23Jan 21:16 !
Tim le Cocq must live his life by your Management Lesson 6.

Perhaps the poor lad heard it at college but was not bright enough to realise that it was only a joke ?

Ian Evans said...

The politicians LIES are never ending

thejerseyway said...

Hi Stuart.

Just put up the Audio of Deputy T. Pitman being Interviewed about Leah McGrath Goodman.

You & your readers can Listen HERE

TJW.

Ian Evans said...

Deputy Trevor Pitman dealing with more cases of DOCTORED TRIAL TAPES.

Ian Evans said...

What is really going on in our COURTS

Ian Evans said...

Continuing the theme of the deplorable standard of ADVOCACY IN JERSEY

Anonymous said...

"When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it." - Frederic Bastiat

Anonymous said...


My response to ep tonight with a victim complaining about length of sentence on Paul Renouf in Jersey before recommitting offense in Bulgaria.See if they take comment box down,happened twice lately as soon as potentially adverse comments are entered.

OMG
January 29, 2013 at 2:48 pm

Good job he wasn’t an ex centenier would have had half of that sentence!!!

voiceforchildren said...

Stuart.

Shining a light on the Jersey LAW OFFICERS

thejerseyway said...

Hi Stuart.

Just put up the Audio of the Questions without Answers From the States Sitting today, you & your readers can listen HERE

Hope it helps,

TJW.

Ian Evans said...

SNAP!!! The true meaning of identical.

Anonymous said...

Have the NYC etc filed their replies to your claim forms yet?

Ex-Senator Stuart Syvret said...

New York City?

I wasn't aware I was suing that entity, yet.

Stuart

Ex-Senator Stuart Syvret said...

BTW, apologies to readers for neglecting the blog. I will produce fresh postings soon. It's just that I've been working on various legal applications - not least the imminent & fresh major HRA & tort application against the NMC.

And, of course, The Big One.

It's coming, John.

And Phil, Bill, Mick, Julian & Dim.

That train is coming down the tracks.

It's 'a coming.

Stuart

Anonymous said...

Apologies, SS. Think autocorrect changed NMC to NYC.

John? Not sure who that refers to, but I assume it is one of our appointed judges.

You mentioned previously that you had been receiving information on the grapevine that the local mafia were getting rattled. Any news on this front?

Anonymous said...

For my sins I was listening to Radio Jersey at 1.45 yesterday, Sara interviewing former BBC Radio presenter Gwyneth Garfield Bennett,during the conversation Bennett says that she has written several books while working for ITN,one book she wrote was about child abuse. however she was asked not to publish it and so she did not!!!!! I wonder why not,it was amasing how the interviewer never even questioned her on this but just went on to another subject.

rico sorda said...

http://ricosorda.blogspot.com/2013/02/the-jersey-law-office-curtis-warren-car.html

RS

voiceforchildren said...

Stuart.

Disciplinary judgement in the Curtis Warren car bugging case leaked to, and published exclusively by BLOGGERS

Anonymous said...

Just goes to prove this island is lawless.It would also be interesting to know who were the law officers involved in the Lotus death crash verdict.Careless driving my arse.

Anonymous said...

I don't get it. Why would someone resent an outside journalist criticizing a very real child abuse and censorship problem and not resent their government banning them from reading certain books? The government exercises uninvited power over our access to information, but outside information only has the power to inform - or not inform us.

Anonymous said...

as per my remarks above 2nd Feb 2013, 14.43Hrs re Gwyneth Garfield Bennet talking on Radio Jersey saying she had written a book on child abuse as a sideline while working for ITN but they had asked her not to publish it and so she did not,surley this needs looking in to.does ITV run the like the BBC?

Anonymous said...

Stuart, I would value your advice if you feel you can give it to the following, last year I contacted the States Greffe complaining about the way my Wife and I have been treated by a particular States Dept, I wrote a comprensive report detailing all the facts,I recieved acknoledgement of my complaints from the Greffe who said that they had written to that Department to get their side of the storey,it took 3 months for the Greffe to get an answer, (as it happens delay was one of our complaints)we then recieved a letter saying there was no case to answer,when I asked for a copy of the report from that Dept the Greffe said I can,t have it, is there anything I can do? thanks.

Advocatus Diaboli said...

Greetings Stuart and all, I've been busy writing Wiki pages but you haven't been out of mind. Nice to see that the campaign of attrition continues. I look forward to the rhetorical somersaults the bent squad in London will have to perform to Bailhache out their stooges in Jersey. I hope you've got pegs ready for your noses.