JERSEY: A DUAL DUPLICITY PART 2 - GOD SAVE THE QUEEN - A FASCIST REGIME?

CAN CONTROL OF COURT & GOVERNMENT REALLY RESIDE SAFELY IN THE HANDS OF JUST ONE MAN...

Tis' a tale scarier than the best of Stephen King

Welcome to Part 2 of my 3 posts examining the Office of the Bailiff and why a Separation of Powers must finally be enforced on the Crown Dependency of Jersey. In today's ten minute read I offer a few ‘snapshots’ of modern Establishment ‘legends’ Lord Alexander Coutanche and Sir Philip Bailhache. 

The series will then conclude in a week or two with Sir Michael Birt and current Jersey Bailiff Sir William Bailhache. All you have to do is ask yourself if the actions described really were right, proper and acceptable; and ultimately provide evidence that a Separation of Powers really isn’t necessary as Jerseys Bailiffs continue to claim.

Bailiff Coutanche - Hero or Villain?

ALEXANDER MONCRIEF COUTANCHE - DON'T MENTION THE WAR...

Coutanche came to Office in 1935 and would sit on his throne until 1962! He was described to me once by someone who actually knew him as “a man who felt such entitlement to political power – even though he possessed no public mandate for this whatsoever - that he would regularly ‘summon’ the presidents (the equivalent of today’s ministers) of various government departments to his office to berate them as to what he believed should be done”. 

Regardless of this it is still, not surprisingly, some of his actions and inactions during the Nazi Occupation which would define him for many

Within this context much has been made by the Jersey Establishment of Coutanche’s apparent refusal to implement the Nazis’ 8^th Order – the forced wearing of the Yellow Star by all Jews – as ‘a measure too far’. Yet the uncomfortable reality I suggest is that when it came to him being instructed to use the island’s Honorary Police to round Jews up for actual deportation to work and death camps Bailiff Alexander Coutanche meekly complied.

That Coutanche had absolutely no power to stop the murderous act should be obvious to all. But wouldn’t any real ‘leader’ refuse to do this on principle – islanders being sent to round up islanders? Consequently inform the Kommandant in no uncertain terms of this; adding that if such hideous deportations had to take place then the Nazis would really have to use their own forces?

But how different it would be when one reads of Coutanche’s chums in the Freemasons facing the confiscation and deportation to Germany of mere temple artefacts and regalia? For here the Bailiff would demand that the States immediately buy the artefacts; thus insuring their protection from the Nazis as (albeit temporary) property of the island’s government!  I believe it has to be conceded that the stark contrast is damning.

What type of man views Masonic artefacts as more important than people?

Yet for me personally if there is just one ‘snapshot’ above all others to debunk the myth that a solitary, without-mandate individual straddling both Judiciary and Legislature is not a problem then it is the one that follows. I would actually go as far as to say it effectively depicts the modern beginnings of ‘the Jersey Way’ and its central plank – blatant abuse of the Royal Court – as we now know it today.

By this I mean the use or disregarding of the law simply according to who is involved.

This ‘snapshot’ revolves not around the difficult years of the Occupation but Bailiff Coutanche presiding over the case of the infamous “vanished votes” scandal involving the then Establishment Connétable Egré of St. Peter shortly before Coutanche’s retirement at the beginning of the 1960s. Here, within an election contentiously lost by just two votes, the Connétable of St. Peter was subsequently found to have a number of uncounted for ballots in a ‘very deep pocket’ on his person. Other ballots were also found variously discarded around the Parish.

Uncounted ballots in a pocket - but 'no offence'...

Yet presiding over ‘his’ Royal Court Bailiff Coutanche agreed with his lackey the Attorney General’s quite incredible contention that ‘no law’ had apparently been broken in the scandal; further still that ‘no purpose would be served by holding an inquiry’ either. (Note: Just keep this in mind for Part 3 and William Bailhache!) Thus the Constable of St. Peter would simply be allowed to retire without conviction – even without charge; though the election itself would have to be re-run! 

Just for good measure in closing the case Bailiff Alexander Coutanche delivered another two-fingered salute to those who believed they lived in a democracy. For now he even revealed that he had presided over the case despite the fact that – in his very own words - he had in fact ‘known the Constable, his brother and family for many, many years and could count them amongst his very best of friends’!

"A man shall be judged by his actions" indeed...

As a footnote, far from being hung as Churchill had suggested might be necessary, Jersey’s Bailiff Coutanche was instead rewarded not just with a very quick knighthood in 1946 (his even worse Guernsey counterpart got one too!); but even with a Peerage in 1961. And so upon his retirement Alexander Moncrief Coutanche would take the Conservative whip and sit in the Lords!

Sadly, as a consequence of my own research it must be concluded that, Churchill aside, the individual who must likely bare most of the criticism for this about turn and whitewash was none than the newly elected Labour Party’s own Herbert Morrison who had been dispatched to Jersey to look in to the issue of collaboration. It was, it appears, felt strongly at Westminster that having to acknowledge that Britain, like other countries, had had its abusers of high Office and even Quislings would not be good for moral or public confidence.

May 9th 2008 - The most offensive political speech in Jersey's history

SIR PHILIP BAILHACHE - DON'T MENTION THE LIBERATION...

When I first took up my own seat in the States upon my election in the autumn of 2008 the Bailiff sitting in front of me was Sir Philip Bailhache. He had formerly been Solicitor General, the Attorney General and Deputy Bailiff. Turning to my left I could also see the current Attorney General – no less a personage than Bailhache’s younger brother, William. 

No, you didn’t read that wrong. We were now in the 21^st Century and yet one brother was Chief Judge (and president of the government don’t forget!); while the other brother was Chief Prosecutor!

Bailhache The Younger

I well recall Deputy Kevin Lewis who sat quite close to me noting my shake of the head and quipping: “It’s just the Jersey Way, Trevor – a case of you prosecute ‘em, bruv; I’ll hang ‘em!”

As I write this post today of course ‘Bailhache The Younger’ is now the Bailiff himself in best 17^th Century tradition. For just as ‘rebel’ Jersey lawyer Advocate Philip Sinel has observed, in Jersey, as if not having a Separation of Powers was bad enough; the appointment of this all powerful figure really is done by a “Buggins’ turn” process. But more on the Bailiff some mock as ‘Barking Bill’ in the next episode.  

Becoming Bailiff in 1995 Philip Bailhache would quickly get around to flexing his ‘dual duplicity’ muscles and initiate an unprecedented ban on the island’s then most popular Senator, Stuart Syvret, from participating in the States.

This for Syvret's contention that the then Senator Reg Jeune had, via his position as President of Policy & Resources and also still being a consultant at a local law firm centrally involved, been pivotal in ‘fast-tracking’ a truly poisonous piece of legislation know as LLP – the Limited Liability Partnerships Law (1997)*.  

Syvret was barred for the longest period possible for refusing to backtrack – a full six months – which given that politicians’ pay was then nothing like it is today many still find difficult not to see as having been a crude attempt to economically ‘starve’ Syvret in to submission. The ploy didn’t work much to Syvret’s credit. 

Nevertheless, the really great irony here of course was that the Senator’s only real route of possible recourse would be via Jersey’s Royal Court Judiciary: a body of which Bailhache handily also sat at the head of. I would suggest it doesn't take a lot of imagination to guess how that would turn out.

Senator Stuart Syvret would get to know the 'dual duplicity' very well...

If you read Part 1 and you are now thinking ‘not much seems to have changed since the days of the Lemprières and the de Carterets rest assured – you are not alone!

Barely a decade later – December 5^th 2007 to be exact - Bailiff Sir Philip Bailhache and Senator Syvret would be centre stage once again. Here, making the traditional ‘Father of the House’ speech as longest serving Member, Syvret chose not to use this to wish Christmas felicitations to the Bailiff and his Good Lady wife along with other such seasonal candyfloss. Instead he began an impassioned plea regarding the just breaking Haut de la Garenne scandal revolving around decades of concealed child abuse within States institutions.

How did Bailiff Sir Philip Bailhache respond to this affront? He simply ordered Syvret’s microphone turned off. Under which Standing Order this action could truthfully be justified I have never quite been clear. But I am pretty certain such an Order doesn’t exist.

Within the same years Bailiff Bailhache offered us another gem of ‘dual duplicity’. On this occasion Deputy Shona Pitman had attempted to lodge a proposition that would see the Chief Minister directly elected by vote of the general public. Bailhache however would have none of it and summoned the Deputy (my wife – not that this is in any way important) to his Chambers.

Deputy Shona Pitman (and her charming husband!) sum up the 'Dual' role

Bailhache informed Shona that he would not be allowing her proposition. “It would change the whole political dynamic,” he told her. “We could have the public electing individuals that the Assembly won’t work with – we can’t have that. It would mean changing the whole electoral process”. Despite Shona playing the innocent and simply asking what needed to be tweaked to make the proposition acceptable Bailhache would still have none of it.

The real reason, I thought at the time and I still do to this day, was not just that it might have seen the likes of a Syvret become Chief Minister or even a Senator Ted Vibert had he not fallen ill – it would undoubtedly, as Bailhache would have recognised full well, quickly led to the advent of party politics because various interest groups would have had little choice but to coalesce around a viable leader.

Nevertheless, in May of the following year Bailiff Bailhache’s penchant for political meddling finally came back to bite him on the bottom for the first time. I am still convinced to this day that he never saw it coming. Wholly abusing his Liberation Day platform to make a speech claiming that the ‘real scandal’ arising out of the Haut de la Garenne outrage was the huge barrage of negative global media coverage that this had triggered, Sir Philip Bailhache would to his fury soon become the first Bailiff in some 800 years to face a States No Confidence Vote.

As fate would have it the politician behind this NCV was once again none other than – you guessed it - Deputy Shona Pitman; and the proposition had three specific strands.

Deputy Pitman's subsequent proposition to end the 'dual' role itself would be defeated in September 2008

Firstly the appallingly insensitive Liberation Day speech. Secondly, the fact that it had come to Shona’s attention that whilst Attorney General Bailhache had allowed a man, Roger Holland, who he knew to be a convicted paedophile to be sworn back in to the Honorary Police (Holland would consequently abuse more children through this re-appointment); while the blame had neatly been portrayed as the then St. Helier Connétable’s. Third was a blatantly political speech the allegedly non-political Bailiff had made in the so-called Liechtenstein Dialogue.

That the NCV would be defeated was a foregone conclusion from the start – most States Members were, and still are, terrified by the prospect of confronting a Bailiff and this remains a key aspect of why ‘the Jersey Way’ continues to blight the island. But the fact that only two politicians, Senator Syvret himself and quite surprisingly, Deputy Geoff Southern supported the Proposer was still almost as shocking as the suggestion from the then Chief Minister that no one should even speak on the debate!

Nevertheless, though Bailiff Bailhache survived the No Confidence Vote itself many view the bringing of this and what underlay it as the trigger for a discreet, behind the scenes ‘time to go, old boy’ move. After all, that only some 18 months from his sudden retirement Bailhache was back as a Senator meddling in everything from the Independent Electoral Commission to the Independent Care Inquiry screams to me that he really didn’t want to go.

But whatever the truth Sir Philip still found time for a couple more real ‘dual duplicity’ stonkers before the Bailiff curtain fell.

The first arose within a stunningly foolish speech he made as an address at the launching of the inaugural Jersey Law Course in 2009. Here to the mass chuckling of his starry-eyed acolytes he informed the world – for the clip would quickly find its way on to You-Tube of course – that when he didn’t know the legal answer to something he just “made it up” like everybody else. Now what a truly reassuring statement from a Royal Court Judge that is!

And how easy to understand ‘the Jersey Way’ suddenly becomes…

Hail the King! (Image from the Legendary Polo)

As to our second stonker this really was another true gem depicting what it surely must be like to reside in an alternate universe. For with retirement looming, within a centrespread for his most fervent supporters down at Establishment Party mouthpiece the Jersey Evening Post, Sir Philip Bailhache now set out the view that Bailiffs were in fact apparently held in the same high public respect as members of the British Royal family! It was, he also felt, very good for people on the island to know that there was always someone ‘above politics’.

‘Above politics’ but always down there meddling in it. Could there really be a better ‘Jersey Way’ thought to end on? 

Join me in a week’s time for our concluding episode as I run through of some of the ‘dual duplicity’ highlights from the reigns of Sir Michael Birt and perhaps the rudest, surliest Bailiff of them all -  William ‘Bailhache The Younger’ himself... 

* A fascinating account of the LLP saga is contained in Nicholas Shaxson's best-selling book 'Treasure Islands' - a tome I was chuffed to get a mention in myself.

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