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Wednesday, 15 June 2011

"Stuart Syvret Must Wait For Judgement"


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Former politician Stuart Syvret's wait goes on - because it will be Monday now before he finds out if can sue the States.

The former Health Minister claims the States failed in their 'duty of care' to him while he was Health Minister.

However, the Solicitor General is arguing there is no case to answer.

The crux of this case is Stuart Syvret's conviction that senior civil servants engaged in a conspiracy to cover up child abuse in the island, which he was trying to expose - consequently resulting in the loss of his job, damage to his health, and family life.

The Solicitor General has requested the case be struck out because Mr Syvret is no longer a Minister and consequently does not have the right to sue. He also says he is not being particular enough in his allegations, making them difficult to prove.

The judge does however, have the powers to order a judicial review, even if he decides the defendants did not owe him a duty of care and the case is struck out.

A judicial review in effect is not an appeal, but a chance to scrutinise the powers of public authority.

That means the chains of accountability within the public service would be looked at in detail, particularly the potential failure of public authorities to take action against child abuse and the States Employment Board's management of senior employees.

But the problem with that is the application has been brought more than three years after the events in question, whilst the legal time-frame stipulates a three month limit for Judicial Reviews to be brought.

Despite that, Mr Syvret claims dealing with matters now is in the public interest.

Jonathan Sumption QC will deliver his judgement on Monday.


3 comments:

  1. Ian.

    Credit to Iselen Vale at least she gives a fair report.

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  2. Technically, it may have been more than three years since Stuart was unfairly discharged as Minister, but the many closely related and still ongoing crimes being committed by the SOJ would make a Judicial Review ever more urgently needed. Judge Sumption must be aware of that by now. His good name will forever hang in the balance of these decisions. In other words, Stuart, the SOJ, Jersey blog readers and the judge all know the SOJ are still doing the same old things.

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  3. As if it is only possible to sue when you are a current H&SS Minister (why would you want to sue when you are in that position?). And as if it is only possible to get a Judicial Review in progress within 3 months (it would take much longer than that for them to even start the processing of your request!).

    ReplyDelete