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Wednesday, 16 January 2013

"Jersey Crooks Refuse Access To The Law & Break International Human Rights Laws!!!"


States of Jersey vote not to translate laws

from French





"When a well-packaged web of lies has been gradually sold to the masses over generations, the truth will seem utterly preposterous and it's speaker a raving lunatic."
Dresden James


Jersey's parish laws will not be translated from French into English.
The island has two official languages, French and English, and many of the older laws are still written in French.
Deputy Mike Higgins said islanders should be able to read and understand all laws and wanted them translated into English.
But States members voted against translating all laws relating to the parishes into English and re-enacting them in the States.
The chairman of the Constables Committee, Constable John Gallichan, said it would take too long and cost too much money.
He said: "Logistically it is a major piece of work."
Deputy Higgins argued people who cannot read French could not "know or exert their rights or conduct their affairs in such a way that they are in conformity with the law".
He said: "It also means those officers and officials in States departments, parish halls and all other forms of public authorities who cannot read French may not be applying these laws correctly."
Constable Gallichan suggested the Jersey Legal Information Board could provide translations on request instead of forcing all laws to be translated.
Jersey is split into 12 parish authorities each with a number of powers including issuing driving licences and controlling Sunday trading.



"Truth comes as conqueror only to those who have lost the art of receiving it as friend."
Rabindranath Tagore

"The Legal Corruption Continues"

So....The corrupt crooks in Jersey refuse 'point blank' to give the public full and unrestricted access to the law. What does this mean?
For starters it means that Jersey is breaking one of the most fundamental International human rights anyone has, that right being Article 6 3(a) the right to be informed promptly, in a language which he understands, and in detail, of the nature and cause of the accusation against him.

The European Convention on Human Rights


ARTICLE 6

  1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
  2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
  3. Everyone charged with a criminal offence has the following minimum rights:
    • (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
    • (b) to have adequate time and the facilities for the preparation of his defence;
    • (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
    • (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
    • (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 6 3(b) is also interesting in that one must have adequate facilities for the preparation of his defence.
How on earth, if you are a 'litigant in person' are you able to mount a competent and well constructed defence if you do not have access to, or cannot read the law? This is further compounded if one happens to be remanded in custody!
Article 6 3(e) is another interesting phenomenon in that one may obtain a free interpreter if one cannot understand or speak the language used in court.
Well....The language used in court is always the language of the law society, legalise! The law society is forever boastful that only their members can understand legalise, so how can any layman be expected to understand anything said, or interpreted, when in court?
This is the precise reason why magistrate Bridget Shaw, in one of my cases, insisted several times that I must admit to being the "driver of the vehicle" when I had stated clearly on a number of occasions that at the time of the alleged offence, I was merely "travelling in the automobile".
This just goes to show that there is a legal difference between driving and travelling, that difference being that driving is a commercial activity, and travelling is an inalienable right.
Remember that all statutory laws/enactments are written to regulate commerce, this is why courts need you to admit to being the driver, resident, occupier, tax payer, Mr, Mrs, or Person. From my experience, they get rather frustrated and upset when you simply tell the truth by stating that I am a man, and was just travelling in the automobile!
Bailhaches Defence

As expected, Bailhache waded into the argument in a bid to keep Jersey Laws secret from the people of Jersey. But instead of producing a balanced and insightful view as to why these laws should not be written in English, he slavered on about Linguistic heritage, barking out garbage about how the french language would be diminished, then bleating, "what kind of message does that send out?" Well Phil, who gives a crap what kind of message that sends out?

He ended his pointless rant with "I hope none of that comes to pass". Of course you hope that Phil, it is people like you that would be exposed if the laws were written in English!



"There is no cruder tyranny than that which is perpetuated under the shield of Law and in the name of justice."
Montesquieu




Another valid point to make is the nonsense that "Constable Gallichan suggested the Jersey Legal Information Board could provide translations on request instead of forcing all laws to be translated." Just one slight problem there I'm afraid!

Myself and Cyril, on a number of separate occasions, have had contact with Caroline Coleman and Paul Matthews from the Judicial Greffe of Jersey. During those conversations and meetings we both had asked for an English translation of the Loi (1864) réglant la procédure criminelle so as to mount a comprehensive and meaningful defence to our cases. We were told in no uncertain terms that there was "No official, or unofficial translation available to us".

Months later, as it transpired, Cyril received and English translation of that very same law given to him in a bundle from the Attorney General for use in his appeal. Strangely, this translation was dated 2004? So who is pulling who's leg Mr Greffier?

The deeper we dig, the more corruption we uncover, just imagine if we could actually read this stuff! Obviously it is not polite to cast aspersions on these peoples integrity as they are pillars of the community, perhaps just a small oversight on their part :)
It must be noted that after the French Revolution all Norman French Feudal Statutes were removed from French civil law. The majority of our Norman French statutes have not been part of French law for 160 years!!!
Why are they still in use in Jersey today?
Aaah yes, so the lawyers can shaft the people of Jersey financially.



"Those  with [De Facto] power will not let it go without a fight. And if it  comes down to it, they will first seek to use the law, then abuse it,  then change it, then disregard it entirely. Our strategy must be to  always and only embrace the law. That is what will save us when they  abandon it entirely."
Robert Menard





And please sign the petition below to help rid the Isle of Jersey of these disgusting crooks.





5 comments:

  1. The laws are not just in French, they are in archaic French. If you have a French friend simply pass him a copy of the Loi (1864) Réglant La Procédure Criminelle and ask them to translate it to you. They will struggle.

    ReplyDelete
  2. The principal Law is the ‘Loi (1853) au sujet des centeniers et officiers de police’, the amendments of which occupy no fewer than three pages of the General Index of Jersey Legislation published by the States Greffe. Among other matters, this Law contains provisions relating to the election of Centeniers and Constable’s Officers and determines the number of the latter in each parish.



    2.2 During the period covered by this report the election of Centeniers was governed partly by the 1853 Law and partly by the ‘Loi (1897) sur les élections publiques’. The latter Law was recently repealed and replaced by the Public Elections (Jersey) Law 2002, although the provisions of this Law relating to the election of Centeniers are not yet in force. The election of Vingteniers is governed by the ‘Loi (1871) sur le mode d’élection des Vingteniers’, which essentially restated the then existing provisions, and the election of Constable’s Officers by the previously mentioned Law of 1853 and the ‘Loi (1938) sur les officiers du Connétable’. Both ranks of officer are elected at a Parish Assembly. At present the whole Assembly elects a Vingtenier but the electors of the individual Vingtaines elect the Constable’s Officers. St. Helier consists of five Vingtaines but, for the purpose of electing Constable’s Officers, two of these Vingtaines are divided into two Cantons. Up to 30 Constable’s Officers may be elected overall in St. Helier; the numbers vary for each Vingtaine or Canton, with a greater complement being elected for the more populated areas of St. Helier, but no Vingtaine elects less than two officers. Candidates for election must be proposed and seconded by Principaux of the parish, or Vingtaine, concerned. If there is more than one candidate for an office, the nomination and election take place the same night. After election, honorary police officers are required to attend the Royal Court to take an oath of office. This usually takes place on the Friday immediately following their election. All members of the honorary police serve a three-year term and may be re-elected.

    Reading from above no wonder with laws being repealed and replaced by laws not yet in force? principal laws being amended by no fewer than 3 pages Is it any wonder so much is kept secret.

    http://web.archive.org/web/20041105175724/http://www.statesassembly.gov.je/documents/reports/7537-3643.htm

    ReplyDelete
  3. On the www I am sure plenty of french speakers would be happy to volounteer and translate these old laws for the Jersey public.

    anything would be better than nothing.

    ReplyDelete
  4. Out of interest I tried google translation french to english


    Jersey Law 3/1850

    LOI (1850) CONCERNANT LE TRAITEMENT DE CAUSES CRIMINELLES.1

    ____________

    ACTE DES ETATS confirmé par Ordre de Sa Majesté en Conseil en date du

    12 DECEMBRE 1850.

    (Entériné le 20 décembre 1850).

    ____________

    AUX ETATS DE L’îLE DE JERSEY.

    ____________

    L’An 1850, le 30 août.

    ____________

    CONSIDERANT que les Causes Criminelles ne peuvent être traitées que dans les Termes de la Cour Royale lorsque les accusés ne sont pas en prison, – ce qui entrave l’expédition des causes civiles, et entraîne des délais souvent nuisibles à l’administration de la Justice ; Les Etats, pour y rémédier, ont ordonné, moyennant la Sanction de Sa Très Excellente Majesté en Conseil, que toutes causes à l’instance de la Partie Publique pourront être traitées tant en Vacance qu’en Terme.

    Google translation
    WHEREAS the Criminal Cases that can not be treated in terms of the Royal Court when defendants are not in prison - which hinders the shipment of civil cases, and often results in delays detrimental to the administration of justice , States, to remedy, ordered, with the sanction of Her Most Excellent Majesty in Council that all causes to the instance of the Public Part may be treated as a vacancy in that term.




    http://www.jerseylaw.je/law/display.aspx?url=lawsinforce%5chtm%5cLawFiles%5c1850-1899%2fJersey_Law_03-1850.htm

    ReplyDelete
  5. This is astonishing. If a small, corrupt African country refused to provide access to laws in the only language the vast majority fully understood, they would be derided by the rest of the outraged world.

    ReplyDelete