We can't afford all these criminal justice mistakes

From Ian Kenny.

PETER Michel was just let off his six years of imprisonment because he was tried unfairly in the Royal Court by a blatantly biased judge and the Jersey Court of Appeal refused his appeal, so he appealed to the Privy Council.

The Privy Council agreed that he was guilty as hell, but the Royal Court trial was unfair and his conviction was quashed. The Jersey Court of Appeal knew it was unfair but didn’t allow the appeal.

Now the Jersey Court of Appeal, having already upheld Mr Michel’s conviction, has to decide whether there will be a new trial to try and convict him again.

Of course, this decision is a ‘damned if you do, damned if you don’t’ one because if the court doesn’t order a retrial, then Mr Michel gets off scot-free and can claim damages for wrongful conviction.

If the court orders a new trial, then Mr Michel can head off to London and be in the company of Senator Stuart Syvret making similar arguments to those which he is making (though probably more credibly, having already faced justice in Jersey and been wrongfully convicted because the judge was biased and his appeal was denied).

Some questions:

• How much did Mr Michel’s trial at first instance, appeal and subsequent appeal cost the Jersey taxpayer – £5m? £10m? £15m?

• Why did the Attorney General stand by and allow the trial to continue to its 30-day conclusion, then subsequently admit to the Privy Council that it was fundamentally flawed? Surely the Crown Advocate at the trial realised what was going on? Why didn’t he/she intervene?

• If a new trial is ordered, who relishes the prospect of Jersey having two fugitives from justice in London singing from the same song sheet and claiming that they can’t get a fair trial in Jersey?

• Given that Senator Syvret said in a recent CTV interview that his prosecution so far has cost the taxpayer £3m, what if he too ends up at the Privy Council and wins? How much more will that cost?

• How much did the Haut de la Garenne fiasco cost? £20m?

• How much did the Curtis Warren trial cost? £8m? Are the UK going to pay for it, given that the Serious Organised Crime Agency seemed to take credit for it in the media? Is the conviction safe? Is he going to appeal to the Privy Council too?

We are only a small island and there is a recession/financial crisis, call it what you will. Health is being cut back. We can’t afford all of these expensive criminal justice cock-ups.

It used to be steam clocks, caverns and upturned boats – now it’s lawyers raking it in at the rate of £3m a case. Home Affairs Minister, answer please.