Meting Out Justice In Jersey

It has been an interesting few weeks in the island of Jersey - specifically relating to Claude Donnelly and Michael Aubin.

It has been several long, investigative years into the widespread child abuse scandal in Jersey with Haut de la Garenne children’s home being the most recognized name at the center of the scandal.

Many – in and outside the island - are of the opinion given the judicial system in Jersey and the rumors and allegations swirling of many prominent figures about having been involved with or plainly covering-up the abuse for decades, justice for the alleged victims may never be achieved.

Last week, 69-year-old Claude Donnelly was found guilty of 15 counts of indecent assault, rape, and procuring an act of gross indecency. All of the charges relate to a woman who told the court Donnelly began abusing her when she was eight.

Donnelly admitted to indecently assaulting the woman twice when she was 13 or 14, but denies raping her on four occasions, indecently assaulting her nine times and causing her to commit an act of gross indecency on him.

As we so often hear from the defense the victim gets portrayed as the guilty party. Advocate Baker told the jury they would hear evidence from a woman who would describe events that had happened to her as a child. ‘It is that immature child and her thoughts and behavior you will need to consider,’ he said.

At an earlier trial Donnelly was found guilty of rape and indecent assault of another, then teenage girl. When interviewed by police he said he knew one day they would question him over it.

Donnelly’s crimes are not connected to the Haut de la Garenne investigation, but the larger child abuse investigation in Jersey.

Donnelly will be formally sentenced on August 21.

Two days ago 46-year-old Michael Aubin, who has been in custody since May of 2008 for abusing 2 young boys at Haut de la Garenne in the late1970s, was spared additional jail time and placed on two years probation.

Aubin himself claims to have been sexually abused at the children’s home by a staff member known as the “bogeyman.”

In issuing the sentence of probation, Commissioner Clyde-Smith said there was an element of "cruelty" in the circumstances of the case.

"The defendant was taken in to care at three years old. The state was in loco parentis," he said.

"He became what he became while in the care of the state and now the state comes after him to prosecute him for what he did when he was in its care when he was 14 - a disturbed and brutalised 14-year-old."

Which leads me to ask who is the “bogeyman”, why are we not hearing anything regarding an investigation into his identity and does this not call into question the police and government calling the Haut de la Garenne investigation an expensive investigation that proved nothing? Ya can’t have it both ways!

Since the abuse scandal investigation began - 40 suspects have been named by police - of that number, one suspect’s file was returned to police for further investigation, a few were dropped for what the Attorney General calls a lack of evidence and the rest are apparently in political/judicial limbo.

Call me cynical, but my gut feeling is the powers that be in Jersey have offered up Donnelly and Aubin as the sacrificial scapegoats in hopes this all just goes away – the Jersey way.

The perpetrators of abuse and those responsible for the cover-up that held and/or continue to hold high positions within the government and society may sleep easy for a time, but there are more than a few determined individuals that will not let this sleeping dog lie.

BBC
JEP - Knew Police Would Question Me
JEP
The Independent

Two Men Charged With Sexual Abuse at Haut de la Garenne Bailed

Gordon Wateridge pleaded not guilty to 17 counts involving five alleged victims. The assaults occurred between 1970 and 1974 at the Haut de la Garenne.

A not guilty plea was entered for 15 charges of indecent assault on girls under 16, one count of incitement to indecent assault on a girl under 16 and one count of assault on a boy aged between 12 and 13.

His case has been adjourned to November 25 for directions. A trial expected on April 20, 2009.

Michael Aubin is charged with six counts of indecent assault on boys, two counts of sodomy and two counts of procuring an act of gross indecency.

The charges are alleged to have taken place between February 1977 and July 1978 and involve five different children.

Aubin reserved his plea. The case has been adjourned to November 26 for a pretrial review.

Both men were bailed after their court appearances today.

The Independent

Haut de la Garenne Victims Being Victimized Again?

In it’s infinite wisdom, Jersey’s government is blocking claims for compensation to victims!

Negotiations between attorneys for some of the victims and Jersey’s law officers have failed to establish the right to compensation for the victims.

This failure can only add to the perception that Jersey cares not for the victims and that Jersey continues to refuse to confront it’s murky past.

The criminal injuries compensation board of Jersey can make awards only for injuries sustained after 1 May 1991, and claims for damages in the civil courts have to be filed within three years of a victim turning 18 - Haut de la Garenne closed in 1986.

England, Wales, Ireland, and Canada have all made changes to time limit laws regarding historic sexual abuse claims. Jersey law officers have given no indication that they see this as a solution.

As Lenny Harper said recently, "The legal system has to accept the reality of the situation. They are not trusted at all by the victims. They are held in contempt by the vast majority of the victims."

No, no amount of money will erase the horrific memories carried by the victims. It would however, bring some small sense of closure that the States of Jersey acknowledges the abuse and has heard the voices of the victims.

No matter how often and how loudly William Bailhache asserts, “Justice will be done” - I think not!

The Independent