Monday, November 4, 2013

STUART SYVRET JAILED

FORMER SENATOR STUART SYVRET









THE GUARDIAN

Helen Pidd reports 
Nov 4th 2013


Former Jersey minister Stuart Syvret to be jailed over blog allegations


Jersey's former health minister has been sentenced to three months in prison after refusing to take down articles on his blog making serious allegations against a number of people on the island.
Stuart Syvret, described by one judge as "a thorn in the side of the [Jersey] establishment", did not attend the court hearing in the royal court in St Helier on Monday but was arrested at his home after locking himself in his flat.

According to John Hemming, a Liberal Democrat MP, Syvret has been unfairly prosecuted for revealing information in the public interest, including evidence that a nurse on the island may have killed some of his patients.
Hemming accuses the Jersey judiciary of behaving oppressively by misusing the Data Protection Act in order to silence its critics.
For a number of years Syvret has written a blog which publicises and examines what he sees as injustice and malpractice in Jersey. As a judge put it a number of years ago, the blog "frequently contains extremely grave allegations against people living in the island, some public figures some not. Many of the allegations, if not capable of justification, are highly defamatory."
From 1990 until 2010, Syvret was an elected politician in Jersey and from 2005 until 2007 served as health minister.
In April 2010 he was disqualified from membership of the States of Jersey - the island's parliament - ostensibly due to his absence from the island. For a period prior to his disqualification he was living in Hemming's flat in London as he launched and fought a number of legal actions, rallying against what he refers to as the "corrupt nature of Jersey's judiciary".
In parliament in 2009, Hemming used parliamentary privilege to reveal that Syvret had made murder allegations about a nurse on his blog. Hemming told the Commons: "He [Syvret] was then prosecuted under the Data Protection Act by Jersey. He was not allowed to adduce as evidence the case to which he referred on his web log, which is a public interest defence that he needed to reveal the failures of the judicial system in Jersey."
On 17 November, 2010 Syvret was convicted of two offences under the Data Protection (Jersey) Law 2005, one of disclosing personal data without consent, and the other of processing personal data without being registered as a data controller.
After losing an appeal against conviction and refusing to take down his blog he was eventually jailed for contempt for three months at the end of 2011. In 2012 Hemming raised Syvret's case again in parliament to make public the fact Syvret had been served with a superinjunction by the court ordering him again to take down the offending posts from his blog.
Hemming told MPs that a number of individuals "have, with the assistance of the Jersey government, obtained a superinjunction against ex-senator Stuart Syvret – under the Data Protection Act of all things – to prevent from him saying things about them on his blog … ."
None of the four individuals named has ever attempted to sue Syvret for defamation. Instead, the data protection commissioner in Jersey, Emma Martins, has prosecuted him under the Data Protection Act.
She argues, highly unusually, that Syvret is the "data controller" of his blog (a position usually held in a large corporation) and that he has no right to name and shame people on his blog, whether or not the information he reveals about them is correct.
Hemming said on Monday: "This use of the Data Protection Act to silence people in Jersey is oppressive.
The Guardian spoke to Syvret on Friday after he learned of his sentence. He claimed to have locked himself in his flat and said: "I am about to become a political prisoner in Jersey – again, for whistleblowing, for being a dissident."

13 comments:

Anonymous said...

"She argues, highly unusually, that Syvret is the "data controller" of his blog (a position usually held in a large corporation) and that he has no right to name and shame people on his blog, whether or not the information he reveals about them is correct."

Of course Blog owners are Data Controllers what else are they?

rico sorda said...

http://www.channelonline.tv/channelonline_jerseynews/displayarticle.asp?id=507994

RS

Anonymous said...

Only last week Deputy Sean Power discussed his data protection breech yet no prison for him. Attorney General should explain why?

Paul said...

Outrageous. Sharing far and wide in the hope that sonebody somewhere addresses this insanity.

Anonymous said...

"Only last week Deputy Sean Power discussed his data protection breech yet no prison for him. Attorney General should explain why?"

Good question though it may have something to do with Syvret telling the Data Protection Commissiner to get stuff whilst other more sensible people just did what they were told?

Anonymous said...

Yay! We are all Data Controllers! Finally, a way to silence everyone who says something truthful on line!

Anonymous said...

Sheep are not often called sensible.

Anonymous said...

"Of course Blog owners are Data Controllers what else are they?"

Only in Jersey apparently - if you read the UK law which is what Jersey was supposed to be based on, there is no requirement for any Blogger to register with the DPC, ie: they do not hold personal information on anyone, anymore that the daily paper or TV news channel.

Panaroma need to do a program, oh no they couldn't, because they would probably upset someone!!

Well done to Stuart, for getting national interest again and rightly so, as the establishment shaft Jersey internationally once again.

I guess those would seeked to get some data removed, may soon find UK reporters publishing it.

rico sorda said...

You know what, today was one of those days. In amongst Syvret being jailed I had the pleasure of sitting in on the Deputy Pitmans court case.

This episode concerning the JEP is off the scale even for Jersey. Should be in the paper tomorrow then we bloggers will tell you the real story.

#bonkers

rs

Anonymous said...

Naturally the Jersey Evening Propaganda site is allowing comments running down Stuart in abundance! So predictable, Jonnie is having a field day!!

Anonymous said...

The story was just posted on Trevor Pitman's blog update. The JEP's unethical deed defies belief. What can anyone say in defense of Trevor and Shona's deliberate mistreatment. This was particularly vile and suspicious.

Zoompad said...

"Of course Blog owners are Data Controllers what else are they? "

Not on my blog, not now someone has hacked into it - and the person/s who has done this has done it quite openly and without fear, as if they knew they weren't going to get into trouble for doing it, as if they knew they had their backs covered by other wicked men, and taken down blog posts about the same ones who have had misappropriated public funding spent on them to cover up crimes they have committed, and one of those crimes was to leave death threats to burn down my house and calling me a witch, on my blog.

They've gone onto my blog, demanding that I took them down, and when I went to reread the blog posts they were wanting me to take down I discovered they'd already been taken down - by them!

Zoompad said...

The BBC is desperatly wanting to forget the fact that they have gotten a former Father of the Jersey Senate put in jail.

They're also trying to pretend they don't know about all the abuse Stuart AND OTHER WHISTLEBLOWERS AND VICTIMS OF INSTITUTIONAL PINDOWN CHILD ABUSE have had to put up with for years.

Stuart Syvret has been persecuted and jailed for speaking up for victims of child abuse and possibly murder. There were human remains found at HDLG, coconut does not contain collagen.

The BBC also covered up the Pindown child abuse at Stafforde, tried to water it down, made a program with Niel Morrissey in it, trying to make out the abuse in those hell holes wasn't that bad. Well, I was in one of them, and Niel Morrissey can say one thing, and he's famous so people might believe him over me, but I know what I experienced and witnessed personally, and they're none of them going to brainwash me into disbelieving my own memories of my childhood!