Below is the (the first) witness statement of local prominent Lawyer, and Constitutional expert, Advocate Philip Sinel to the Jersey Child Abuse Committee of Inquiry. The statement has been taken from the Inquiry's website and can be found (near the bottom of its website page) HERE. We have meticulously copied the text, typos are original, although we can't exclude our own.
It became apparent in a previous VFC posting featuring Advocate Sinel (click on label "Advocate Philip Sinel" at bottom of post) that his statement was not easy to find on the Care Inquiry's website. Just as concerning is that his "tabs" or "exhibits" (15 of them) listed in his statement do NOT appear to have been published on the inquiry's website, or if they have, they are harder to find than his statement. Team Voice will be attempting to find out, from the Inquiry Panel, what the situation is regarding these exhibits and will keep readers updated.
What Advocate Sinel's statement appears to explains is how Child Abuse was (and apparently still is) able to flourish in Jersey. Just as importantly most of the evidence to back up these claims (tabs/exhibits) seem to be missing. Other witness exhibits are much easily visible. There could be a perfectly innocent explanation for this and we are waiting to hear it.
It has been said that after the Inquiry has published its report; the Inquiry's website will stay online for 12 months and then will be taken down and all the information/evidence will be archived as part of Jersey Archive and you will need to put in an FOI to have any access to it. We are not sure that this will definitely be the case so documenting as much of the information as possible will help keep some of the historic record available before it could be buried.
Advocate Sinel's is one of those statements that should be documented, and readily available, if for no other reason other than to make readers aware of what has been aloud to go on, is still able to go on, how it was/is able to go on, in the hope that people will be more informed and will know how to stop, or at least highlight the Jersey rot. According to Advocate Sinel's statement the majority of this rot comes from the Crown Offices/"Judicial" (sic) System/Attorney General's Office/Law Offices' Department.
"THE INDEPENDENT JERSEY CARE INQUIRY
Witness Statement of Philip Sinel
50.0 The current Attorney General is Timothy Le Cocq QC, another Ogier partner, Birt, Clyde-Smith and Fitz are also Ogier or ex Ogier, as was my father. The Attorney General acts as the Chief Law Officer of Jersey. What this means in practice is that he is the legal advisor to the Crown, to the States Assembly, to the Ministers and to all other public bodies. The Attorney General, and his office, are notorious for being indolent and pro- Establishment, when I complained to the Lieutenant Governor to that effect he simply sent off my complaint to the Attorney General.
51.0 The Attorney General is also the Head of the Honorary Police in Jersey. In Jersey, there are 13 police forces, 12 of these are Honorary Police forces that operate within one of the 12 Parishes of Jersey and the 13th force is the professional police- the States of Jersey Police. It remains in some respects (the powers of search and charge) subservient to the Honorary Police. It is worrying that it is the Honorary Police have the power to charge people with arrestable offences, as opposed to the States of Jersey Police, the Honorary Police also have a right of search without warrant. Therefore, as head of the Honorary Police, the Attorney General can and does direct whether charges should be brought or not. The Honorary Police are answerable to the Attorney General, he tells them what to do. Mr Harper will I am sure tell the Enquiry how this operated in practice to the detriment of victims. In practice the Attorney General also has complete dominion over the States of Jersey Police who have no means of operating independently of their political controllers.
53.0 During civil litigation Blatchley v Lincoln Trustees, he deliberately mislead the Court, to gain money for himself and his client Sir Philip Bailhache turned a blind eye and the Law Society covered it up. Complaints about pro establishment Advocates simply disappear. In short if you are part of the oligarchy you are untouchable, if you are in the wrong place at the wrong time or have the wrong views you are persecuted hence the matters of concern to this Inquiry and my absolute certainty that without external assistance and imposed constitutional change nothing will alter and that something similar will all happen again.
54.0 I have seen several instances of the Police being thwarted by the Attorney General. Policemen may come along and agree that a crime has been committed, they will gather the evidence but a decision is then made by the Establishment not to prosecute, the Police cannot charge without the assistance of the AG and the Honorary Police. Alternatively, the case may be prosecuted but the decision making does not follow the correct procedure and there is nothing that the Court of Appeal will do about it as they make a point of not reversing decisions made by the lower Court; by way of contrast cross Jersey Pie or an individual oligarch and your destruction is assured.
55.0 The corruption is so bad and all-pervading that the legal profession is disempowered. The Court of Appeal are renowned for being so clever that they can make decisions without listening to submissions. Advocates do not go to the Court of Appeal expecting justice, their main aim is to emerge without personal criticism - this is symptomatic of a very serious dysfunction; and a lack of professional and public confidence in our Judiciary.
63.0 The Court of Appeal is part of a non-functioning system which does not have the respect of the public or professionals. There is often a feeling from top to bottom of the legal profession in Jersey of "what is the point".
64.0 The Court of Appeal was not always like this. There were individuals previously who set the tone for example Sir Godfrey Le Quesne, quietly spoken, fair and efficient, a pleasure to appear before, win or lose; this is the problem, namely that external perceptions of the Justice vary according to the constitution of the tribunal this does not encourage the free flow of challenges in our society. A robust, trusted and clearly impartial Court of Appeal would alter the balance in our society in a profound fashion.
66.0 I took the evidence in relation to this case to Michael Birt who was then AG via the Police asked him to bring a prosecution. However, after much delay, no prosecution happened. It seemed clear to me, and to Police Officers at the time, that the investors had clearly been defrauded. You could literally trace the money from (a) to (b) to see that it was all a fraud. I therefore wrote to the Home Office to see if they could push Sir Michael Birt into bringing a prosecution
67.0 By the time the Mr Straw acted upon my correspondence, Michael Birt was time barred from prosecuting many of the offences. It is not as if Michael Birt forgot about the case, I was chasing him about it. Michael Birt sometimes wrote back with anodyne responses to my letters, other times there was just radio silence. Eventually I went to see Jack Straw I believe he forced Mr Birt to prosecute. But for my persistence Cantrade would have got off instead of receiving a multi-million pound fine. Since then neither Her Majesty nor Her Majesty's Government have done nothing useful relative to Jersey's corruption of which I am aware.
68.0 The civil process stated in front of Sir Peter Crill our former Bailiff, in front of my clients that my clients were successful, he retired and was replaced by Sir Philip Bailhache before whom my clients kept losing, he made a speech describing my clients as "a small band of protestors who should be taken to the harbour". He was, after a lot of lobbying replaced by Sir Godfrey Le Quesne, who became the trial judge at which stage the case settled (tabs 7 and 13).
69.0 What particularly angers me about this case is that it was really quite a small time fraud in financial terms but ended up being splashed all over the international press because the Jersey Judiciary and the Attorney General tried to cover it up, it would have been simplicity itself to have prosecuted Cantrade et al and to have provided the investors with a level playing field.
The Press in Jersey
77.0 The way the Jersey Evening Post handled the abuse scandal has been incredibly biased. I recall they reported that it was claimed a child's skull had been found and that there was a murder investigation. The so called child's skull, was then said to be an old coconut shell. What a wonderful way of deliberately undermining the investigation. I am not sure the Police even claimed a child's skull had been found or that it was a piece of coconut. The headlines made a joke out of a very serious issue, namely that child abuse had happened on the island on a large scale.
78.0 Many people in Jersey do not believe that there is any cover up of a child abuse scandal or that there even was one. Irresponsible, biased and truly revolting reporting by the Jersey Evening Post was a major factor in these state of affair.
79.0 It was reported by the Jersey Evening Post accurately that children's milk teeth had been found at Haut de la Garenne. The oligarchy said it could have been the work of the tooth fairy, this was published by the paper. I found this comment to be deeply disturbing. I saw the teeth, I know they had roots attached to them. I wonder what society we live in when the media writes such things. Those articles were published in order to discredit the allegations of child abuse, i.e. to support Jersey Pie.
80.0 I mentioned earlier the press releases organised by Deputy Superintendent Mike Gradwell and William Bailhache in order to discredit their own criminal investigation, Operation Rectangle. This involved leaking evidence, some of it documentary, relative to a live investigation. No responsible journalist would do such a thing but people believed in it. I will never forget an elderly couple in the butchers saying look it was all lies, it was the tooth fairy.
81.0 There is a darker side to this, vaguely honest, competent media would have saved many lives and spared much grief and hardship, the absence of same has corrupted our society I believe that one of the reasons for this in the position of (737) formerly the (Redaction) and now (Redaction) Rumours that he was a multiple rapist had circulated on the blogs for some time, I came, in my professional capacity, to undertake my own investigations.
82.0 Those investigations indicated the existence of credible evidence to the effect that whilst (Redaction) his computer had to be rebuilt due to the quantity of pornography (2) he raped a female in the (Redaction) (3) the rape was reported to (Redaction) (4) (redaction) backed (737) and (5) (737) raped two other women and indecently assaulted his housekeeper. How many trade offs has it taken to keep this man at liberty? In this respect please look at the synergy between the Jersey Evening Post and Sir Philip Bailhache (tab 13). I have written to the Attorney General relative to (737) (tab 14); no one should hold their breath.
83.0 The remaining media is even less effective or even more biased, the only functioning media being the bloggers who have no financing or training despite which they are head and shoulders in front.
84.0 To bring the story back to my personal experience of being "accident prone" as a result of being perceived anti-Establishment, it is worth noting the prosecution that has been brought against me for assault.
85.0 My second wife (Redaction) in relation to a (Redaction) incident, eight years after the event. (Redaction) She has a diagnosed explosive personality disorder and (Redaction) my eldest daughter. There was minor bruising due to restraint and a tussle. A prosecution was brought by the Attorney General eight years later during my divorce (Redaction) was subsequently arrested. The prosecution was subsequently dropped due to insufficient evidence. There was insufficient evidence from the start, the case should never have made it as far as it did. It was I am sure politically motivated.
86.0 Commissioner Julian Clyde-Smith, is a friend of the complainant, and when (Redaction) to the Magistrates Court to be indicted, Commissioner Julian Clyde Smith's son was there taking notes. (Redaction) it was strange that he was there taking notes. (Redaction) him what he was doing. He was reluctant to engage (Redaction). I find it strange that he happened to be there with a note pad and pen. Commissioner Julian Clyde-Smith has a long history with me, as mentioned above in relation to Cantrade. (Redaction) to appear in front of Julian Clyde-Smith to have the charges dropped. He first cleared the Court and then appeared most reluctant to allow the Crown's application to drop the case. At an earlier hearing (Redaction) before William Bailhache, (Redaction) counsel said "not guilty", he wrote down and said "guilty". (Redaction) counsel had to correct him. William Bailhache later (Redaction) in the toilet at the L'Horizon hotel and said how disappointed he was that (Redaction) objected to him sitting.
by bringing home criminal proceedings.
the former Bailiff, the Attorney General and Crown Advocate Fitz, and Commissioner Clyde-Smith are all present or former Ogier Partners.
108.0 When Mr Harper left Jersey, confidence in the Police collapsed especially once Waring and Gradwell publicly briefed against their own enquiry. I have dealt with a lot of police in my time, Mr Harper struck me as a very normal policeman.
I believe the facts stated in this witness statement are true.
It's difficult to know which paragraph(s) of this statement deserve highlighting the most or are the most disturbing but here are just a few:
“I recall hearing and seeing that one admission form to a children's home stated that a three year old had "sexy eyes.”
Team Voice plan to publish more statements submitted to the Inquiry in the coming weeks/months.
We must stress that those named in Advocate Sinel's statement will refute his allegations and must be presumed innocent until proven guilty in a Jersey court. That said; most of his allegations are against the Jersey court(s) so don't hold your breath......................