Civil and criminal case details

WQ.109/2021

WRITTEN QUESTION TO H.M. ATTORNEY GENERAL BY DEPUTY M.R. HIGGINS OF ST. HELIER

QUESTION SUBMITTED ON MONDAY 15th MARCH 2021 ANSWER TO BE TABLED ON MONDAY 22nd MARCH 2021

Question

Will H.M. Attorney General inform members of –

1. the title, date, and nature of all civil and criminal cases in Jersey's courts where former Senator Stuart Syvret was sued or prosecuted by Jersey authorities from 2008 onwards;
2. the names of the judges, law officers, lawyers (representing both the States and defendant) and other government prosecution or suing authorities involved in these cases;
3. details of the body, or bodies, instigating the prosecution in these cases;
4. details of any penalties imposed and court orders issued, including injunctions; and
5. the cost of each action?

Answer

Many law reports are publicly available on the Jersey Legal Information Board website. The reported judgments will contain most of the information listed above.

1. Civil

In 2014, proceedings were brought against Mr Syvret in the name of the Treasurer of the States. The action was brought in respect of costs ordered against Mr Syvret by the Royal Court and the Court of Appeal which had not been paid. The costs arose because of an unsuccessful challenge brought by Mr Syvret against the Chief Minister, the States' Employment Board and the Attorney General which included a claim for damages for injury allegedly suffered while he was a Minister and judicial reviews of certain decisions. These claims were struck out.

The two related judgments can be found here and here. Criminal

Between July 2009 and November 2010, Mr Syvret was convicted of and sentenced in respect of 4 offences. The cases were heard in the Magistrate's Court and as such there is no published judgment available.

The Law Officers' Department cannot provide any additional information to that which is already in the public domain in relation to these offences, not least because the convictions are now spent under the Rehabilitation of Offenders (Jersey) Law 2001.

2. Treasurer of the States v Syvret

The Judge in this matter was H.W.B. Page QC, Commissioner, sitting with Jurats Kerley and Blampied.

Advocate Gregory White represented the Treasurer of the States and Mr Syvret appeared in person. Criminal charges against Mr Syvret

The Magistrate in this matter was (then Assistant) Magistrate Bridget Shaw.

Advocate William Redgrave represented the Attorney General in the Magistrate's Court. The Law Officers' Department does not have details of who represented Mr Syvret.  

Law Officers

The Law Officers at the time of both the civil and criminal cases were: Attorney General - Timothy Le Cocq QC

Solicitor General – Howard Sharp QC

3. The civil proceedings were initiated in the name of the Treasurer of the States in 2014.

We have not had the opportunity to check written records, but it is most probable that the Attorney General or the Solicitor General instigated the prosecutions and a Centenier would have charged Mr Syvret for the offences.

4. In the civil proceedings, judgment was awarded against Mr Syvret in the sum of £67,859, being the sums owed by Mr Syvret.

The Law Officers' Department cannot provide details of the sentences imposed in respect of the criminal convictions for the reasons mentioned above.

5. The costs in relation to the criminal trial and associated hearings were discussed in the States Assembly on 12 September 2011 and costs in relation to other matters involving Mr Syvret have also been discussed previously in the States Assembly.