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
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’ 8th
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
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,
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 21st Century and yet one brother was Chief Judge (and president of the government don’t forget!); while the other brother was Chief Prosecutor!
No, you didn’t read that wrong. We were now in the 21st 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
As I write this post today of course ‘Bailhache The Younger’
is now the Bailiff himself in best 17th 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.
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 5th 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.
* 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.
***
