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How an offence of allegedly breaching Article 39A of the Public Elections (Jersey) Law 2002, by an independent candidate be treated as a charge against Deputy Southern

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2.11  Senator S. Syvret of the Minister for Home Affairs regarding alleged breaches of Article 39A of the Public Elections (Jersey) Law 2002, as amended:

Would the Minister clarify for the Assembly how an offence allegedly breaching Article 39A of the Public Elections (Jersey) Law 2002, as amended, committed by an independent candidate came to be initially treated as a charge against Deputy Southern ?

Senator B.I. Le Marquand (The Minister for Home Affairs):

The question relates to charging and charging is a matter for the prosecutors and, therefore, not a matter for me. But nevertheless I am going to answer the question briefly with the answer it was not.

  1. Senator S. Syvret:

Does the Minister accept that the allegation of the breaching of the law, which was, in fact, an allegation against that independent candidate Deputy Southern was initially questioned about and the police were trying to stick the charge on him during questioning?

Senator B.I. Le Marquand:

I have no knowledge of that.

  1. Deputy T.M. Pitman:

I stood in this Assembly many, many weeks ago and produced a witness statement, and I have seen the sheets relating to Deputy Southern . I have every respect for the Minister for Home Affairs, but I am afraid he is misleading the House and I would ask him to clarify that.

Senator B.I. Le Marquand:

I am most certainly not misleading the House. The question implies that Deputy Southern was wrongly charged with a charge which they charged with a charge which related to another person. If Deputy Pitman would care to read the question, he will find that is so. What I do know - and am able to confirm - is that disclosure was made to Deputy Southern under the normal disclosure rules which related to a potential charge against another person. That was done out of fairness and part of the normal disclosure process.

Deputy T.M. Pitman:

I will bring the document in.