Stuart Syvret

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published, inter alia, 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, inter alia, as a mass murderer and a psychopath, and identified another nurse whom we will call Y who had, he claimed, failed to reveal significant information about X.

Syvret arrested

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. [78] Syvret was held in custody for seven hours and questioned about alleged breaches of Jersey data protection law in relation to his naming of "Nurse M". [79] The Jersey Evening Post criticized police tactics, [80] as did MPs in the UK Parliament. [81] An emergency sitting of the States assembly was called [82] – though the assembly subsequently voted against a proposition critical of the police's actions. [83] Svyret's lawyer complained that data protection laws were being used to restrict his freedom of expression, contrary to human rights. [84] In 2011, the police conceded that the arrest could have been handled better. [85]

Syvret prosecuted for data protection and motoring offences

The Magistrate's Court, St Helier Magistrate's Court Jersey.jpg
The Magistrate's Court, St Helier

On 18 June 2009, Syvret appeared before at the Magistrate's Court charged with driving without a valid licence between September 2006 and April 2008. [86] On 9 July 2009, Syvret was charged with breaches of data protection laws relating to his blog article about "Nurse M". [87] Syvret pleaded not guilty and argued that his prosecution was an abuse of process and the charges should be struck out. [88] 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." [89]

The proceedings were to turn out to be lengthy involving: 20 separate hearings in the Magistrate's Court lasting 35 days in total, nine hearings in the Royal Court 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. [90] Matters came to head in October when Syvret submitted evidence to the court which he asserted proved that the 1999 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" [89] After this hearing Syvret was offered the services of an experienced advocate assigned to him under the island's legal aid scheme. He declined the offer. [91]

The data protection charge was brought under Article 55 of the Data Protection (Jersey) Law 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". [92] During the lengthy proceedings, Sir Christopher Pitcher sitting as a Commissioner of the Royal Court explained the legal issues at stake: Syvret was, the Commissioner said, [93]

... 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.

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 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. [94]

At the outset of the proceedings, Syvret made an application to the Royal Court 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. [95] When the case resumed in the Magistrate's Court, Syvret sought to call the Attorney General, several senior civil servants, the suspended police chief Graham Power and other police officers, and Deputy Carolyn Labey (his former partner) as witnesses. [96]

Syvret leaves Jersey for six months

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". [97] He returned to Jersey more than six months later on 4 May 2010 and was arrested and bailed. [98]

Trial resumes in May 2010

When the case resumed in the Magistrate's Court in August 2010, Syvret told the court that he was suffering from clinical depression and sought an adjournment of the proceedings. [99]

On 4 September 2010, Syvret appealed to the Jersey Court of Appeal against the Royal Court's ruling in August 2009. Miss Clare Montgomery QC, sitting as Court of Appeal judge, refused leave to appeal, holding that "the Commissioner was right not to recuse himself". [100]

On 27 September 2010 Syvret applied to the Royal Court for judicial review of the continuing prosecution; the application was refused. [101] (An appeal against this decision was refused in July 2011). [102]

Syvret convicted

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. [103] On 17 November 2010, the court found Syvret guilty of the data protection offences and guilty of contempt 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 Data Protection (Jersey) Law, 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. [104] Syvret refused the option of community service and was jailed for ten weeks, fined £4,200 and ordered to pay £10,000 in legal costs. [105] He was granted bail by the Royal Court 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 Michael Beloff QC, Clare Montgomery QC and Christopher Nugee QC) was dismissed. [106]

Appeal

Syvret's appeal against conviction to the Royal Court, Commissioner Sir Christopher Pitchers presiding, started on 1 August 2011. [107] Syvret maintained that he was protecting the public by naming "Nurse M" on his blog [108] 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. [109] The Royal Court repeated criticisms of the police actions in raiding Syvrets' home, arresting him and keeping him in custody. [110] 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. [111] The court rejected Syvret's submissions that disclosure of the nurses' names was justified as being in the public interest. [112] 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". [113] The court dismissed Syvret's appeal on the data protection offences but allowed his appeal in relation to two counts of contempt of court.

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. [114] However, by early November 2011, Syvret had not carried out any of the community service sentence, and on 2 November 2011 he was re-sentenced by the Magistrate to eight weeks in prison; [115] Syvret's appeal to the Royal Court was dismissed, [116] as was a subsequent application to reopen the appeal. [117] The jail sentence was extended by a further month and six days for non-payment of the fine. [118] He was released from prison on 30 December 2011. [119]

Reaction to conviction

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". [120] In September 2011, in response to a question, the Attorney General told the States assembly that prosecution legal costs were £384,000. [121] Syvret has stated that he intends to take his case to the European Court of Human Rights. [90] In the House of Commons, an Early Day Motion sponsored by John Hemming MP critical of Syvret's imprisonment attracted only two signatures. [122]

Civil action against the States

In 2010, Syvret commenced a civil action in the Royal Court against the Chief Minister, the States Employment Board and the Attorney General of Jersey. [123] 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". Jonathan Sumption, sitting as a Commissioner of the Royal Court, struck out his case. [124]

Relations with Tax Justice Network

On 10 April 2007 the Jersey Evening Post reported that Syvret had accused the Tax Justice Network of blackmailing him, an accusation strongly denied. [125] Senator Syvret complained to the police, but subsequently stated the matter was not worth pursuing. [126]

Footnotes and references

  1. "This is Jersey – Election 2005 – Senatorial Candidate – Stuart Syvret". thisisjersey.co.uk. 2011. Retrieved 5 September 2011.
  2. "Suspended senator Syvret unrepentant". International Money Marketing. 20 September 1996. Syvret is a cabinet maker by trade but considers himself the "bete noire" of Jersey politics.
  3. Braid, Mary (22 November 1998). "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". The Independent (print): 23. 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.
  4. "Leader: The tax debate has a long way to run". International Money Marketing. 22 January 1999. 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 us.'
  5. Walsh, Conal (29 June 2003). "Jersey locals in revolt over bid to keep offshore status: The haven's removal of all business taxes would hit consumers hard". The Observer. 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 'stealth taxes'.
  6. Campbell, Duncan (5 July 2004). "'We don't need to prostitute our island. The tax haven is pushing us down a black hole': Jersey is facing unprecedented economic and political upheaval". The Guardian. p. 4. 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 on."
  7. Breen, Suzanne (2 August 2008). "'The Jersey way': covering up years of abuse and murder;". Sunday Tribune (Ireland). pp. N15. Stuart Syvret is a rarity, an anti-establishment Jersey politician.
  8. O'Brien, Carl (1 March 2008). "Jersey's dark secret". The Irish Times. p. 1. 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,
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  92. States of Jersey (2005). "Data Protection (Jersey) Law 2005, Article 55". Jersey Legal Information Board . Archived from the original on 31 March 2012. Retrieved 6 September 2011.
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  96. Hutchison, Jo (28 August 2009). "Syvret wants to call A-G as his witness". thisisjersey.com.; "Magistrate rejects Senator's bid to summons top civil servants". thisisjersey.com. 28 October 2009.
  97. Chadwick, Edward (26 October 2009). "Birmingham MP John Hemming gives refuge to Jersey whistleblower". birminghampost.net.; Quérée, Ben (24 October 2009). "Court orders arrest of Senator Syvret". thisisjersey.com.; Quérée, Ben (26 October 2009). "Syvret claims asylum in UK". thisisjersey.com.; Quérée, Ben (27 October 2009). "Senator to resist any attempt to bring him back". thisisjersey.com.
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  104. Before: Assistant Magistrate Mrs B. Shaw, Between Stuart Syvret and the Attorney General and the Connetable of Grouville, retr 2012 Sep 14
  105. "Former Senator jailed". thisisjersey.com. 17 November 2010. Archived from the original on 20 November 2010.{{cite web}}: CS1 maint: unfit URL (link)
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  109. "Police raid 'was to get at Power and Harper'". thisisjersey.com. 5 August 2011. Archived from the original on 15 September 2012.{{cite web}}: CS1 maint: unfit URL (link)
  110. Syvret v HM Attorney General and Connétable of Grouville, 2011 JRC 168 , paras 15, 18 and 24( Royal Court of Jersey 30 August 2011).
  111. 2011 JRC 168, paras 29–30
  112. 2011 JRC 168, para 46
  113. 2011 JRC 168, para 44
  114. "No jail for Syvret – but 80hrs community service". channelonline.tv. 4 August 2011.;
  115. "Stuart Syvret jailed after community service breach". BBC News. 2 November 2011.
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  117. Syvret v HM Attorney General, 2012 JRC 022 (Royal Court of Jersey26 January 2012).
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Stuart Syvret
Stuart Svyret.jpg
Stuart Syvret at St Helier Parish Hall at the nominations for Senator, September 2011
Minister for Health and Social Services
In office
Dec 2005 Sep 2007