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

Haut de la Garenne – Jersey Abuse - Can Justice Be Served?

~Haut de la Garenne



In an attempt to counter claims that Jersey is unable to cope with the scale and intricacy of the child abuse investigation at the Haut de la Garenne care home, William Bailhache said he is confident the island's legal forces are able to deliver justice.

Those of you who believe that – press your true buzzer now!

The Guardian reports: In a rare interview with the BBC, Bailhache said that although the inquiry could be difficult and slow, it was "more important that justice be done".

His comments came as the outgoing head of the child abuse inquiry, Lenny Harper, alleged he faced "political hostility" during his investigations, and MPs in the UK and Jersey made a two-pronged attempt to get the justice minister, Jack Straw, to intervene in the investigation and bring charges against the accused on the mainland.

In an interview this morning on BBC Radio 4's Today programme, Bailhache said: "The delivery of justice is an objective process, and it's difficult sometimes for those who are caught up in this sort of process to understand all the ramifications of how it works.

Am I the only one who finds this insulting?

"One can feel sorry for that but it's more important that justice should be done. We've been delivering justice in this island for centuries and I don't see how this makes any difference."

Who’s justice? The difference is, the systematic cover-up has been exposed and people want more than the usual smoke and mirrors!

Bailhache also spoke of a specific set of conditions created by the size of Jersey.

"It is difficult for people outside to understand that in a small place you are particularly aware of the need to behave properly, behave appropriately, to have the integrity to take decisions which need to be taken.

Well, actions speak louder than words. So far, we aren’t impressed!

"I have had to consider the position of politicians and ministers and I have done that."

He went on to say that as an independent appointment he was in a position to take "fearless" decisions.

Hmmm Billy, why aren’t folks being prosecuted? Bailing someone when there is pretty solid evidence? Oh, maybe bailing people is what you consider a "fearless" decision!

Stuart Syvret, the Jersey States senator who drew public attention to the allegations of child abuse at the home, and John Hemming, a Liberal Democrat MP, have both called for a judicial review of five cases where suspects have not been charged.

The Labour MP, Austin Mitchell, has tabled a Commons motion calling for an independent inquiry to be carried out by a judge from the British mainland. He said he lacked confidence in the island's authorities and feared a "prevailing desire to sweep scandal and abuse under the carpet".

Harper, the deputy chief officer, who retires next week, said he thought many on the island would support Mitchell's proposal but said the island's parliament had not been supportive.

"What has made this significantly different from many similar inquiries I've been involved with is the political hostility it has engendered," he said.

"Politicians one would normally think should be crawling over themselves to offer support to the inquiry and the victims - with a few notable exceptions that hasn't happened here. The only intervention most of them seem to have made is to criticize the investigation."

Esther Ranzten, founder of Childline, has called for the Bailiff to apologize in the States to the victims of child abuse.

This Is Jersey reports: Having just visited the Island, where she met the local NSPCC and ChildLine volunteers, Ranzten described Jersey as a ‘beautiful island full of warm-hearted people’. But she added that with a population of 90,000, Jersey was too small to handle an inquiry of this scale.

Oh! Yes, the sarcasm was intended - every last bit of it!