THE first-of-its-kind case which saw veteran politician Philip Ozouf narrowly avoid a jail term for breaching the Island’s immigration laws has led to renewed calls for modern slavery legislation to be brought before the States urgently.
In a damning depiction of his crimes, the Royal Court heard from Crown Advocate William Redgrave that Ozouf “portrayed himself as a philanthropist, helping people from a poor African country to come and get work” while exploiting a “commercial advantage for him: Rwandans were content to work for lower wages than local people”.
Ozouf, and his co-accused – Savoy Hotel director Roberto Lora, deliberately circumvented the Island’s work permit regulations to their own benefit, the court was told.
Advocate Redgrave said that Ozouf “attempted to use his political position to circumvent the immigration requirements”.
And the case has laid bare some of the previously expressed concerns about the protections afforded to migrant workers.
Patrick Lynch, chief executive of Caritas Jersey, said the catholic social action charity had been supporting some of the affected workers.
“This crime, like all crimes, was not a victimless crime. We urge the Island to finally take seriously the ongoing exploitation of many migrant workers, migrant workers without whom Jersey would be severely impacted,” he continued.
“It is imperative that the next States Assembly brings forward and implements thorough, robust and effective modern slavery legislation.”
Mr Lynch added: “Additionally, the Jersey Customs and Immigration Service should implement a labour inspection office and we would urge that employees, rather than employers, hold employment licences to avoid the risk of modern slavery and people trafficking.
“We also ask all companies and organisations to commit to ethical recruiting.”
In December, James Clarry, chief executive of anti-modern-slavery charity Justice and Care, said that, based on numbers seen in UK, told the JEP that there could be as many as 200 modern slavery victims in the Island – and that approximately 75% would be migrants.
Speaking to the JEP after the conclusion of yesterday’s landmark case, he argued that the case “reinforces the need for Jersey to strengthen its legal protections against exploitation” so that penalties “properly match the harm suffered by victims”.
“While this case was prosecuted as an immigration offence, the circumstances described point to exploitation and conditions that closely resemble those seen in modern slavery cases elsewhere,” he said.
“Jersey is not a place that tolerates abuse, and this is not reflective of the values most Islanders hold. But when the law focuses on breaches of the system rather than the lived experience of workers, it can fail to reflect the real human impact.”
Salvation Army Jersey co-lead Alice Nunn said the charity – which has been supporting some of the affected workers – was aware of “the deep harm caused when people are exploited, especially where there are widely-recognised signs of modern slavery”.
“For those affected, the impact can be devastating – leaving them frightened, isolated and struggling to trust others,” she said.
“With the right support, people can begin to rebuild their lives and regain hope for the future.”
Mrs Nunn also noted that “exploitation can only continue when it is overlooked or ignored”.
“We all have a part to play in noticing the warning signs and speaking up when something does not feel right,” she added.
“Protecting vulnerable people is everyone’s responsibility.”
“Firm action will be taken against any individual attempting to exploit the system”
It was established that Ozouf and Lora had arranged for legitimately-employed hospitality workers to carry out work at Ozouf’s private laundry business, despite being aware that this breached the Island’s work permit policy.
Evidence gathered during the investigation also confirmed that a number of Rwandan workers had been directed to undertake unauthorised work at Ozouf’s, and in one case at Lora’s, home addresses.
In messages read out in court from Ozouf to one of the workers, the States Deputy – in response to delays to payment for carrying out work at his home – said: “You obviously
don’t know me. If I say I’m going to do something, I mean it – despite the fact it is
not strictly liability. You were let down, so I am stepping in.”
The court also heard that the head of a not-for-profit Rwanda recruitment company had messaged Ozouf in 2022 to raise concerns about the treatment of Rwandan nationals.
That message read: “Technically they work for you illegally with no contract, no job description, no guidance on their work scope. They don’t know when and how they get paid, how much they should pay for rent and other expenses. They are just confused and exhausted to be treated like children who are taken to a supermarket for food, they’d love to manage their lives just like any other grown human beings.”
Home Affairs Minister Mary Le Hegarat described yesterday’s sentencing as “a powerful reminder that breaches of Jersey’s immigration legislation will not be tolerated”.
“I would like to acknowledge the hard work of the Jersey Customs and Immigration officers involved in this detailed investigation, which is the first case of this nature to be brought before the Jersey Courts, by the Jersey Customs and Immigration Service,” the minister continued.
“My colleagues at the Jersey Customs and Immigration Service remain committed to upholding Jersey’s immigration laws and firm action will be taken against any individual or business attempting to exploit the system.”
“JCIS will continue to prioritise the safeguarding of migrant workers”
Rhiannon Small, who took on her role as head of JCIS last year, said that officers had “worked extensively” to bring the case to court.
She added that the outcome “clearly reflects the Service’s determination to identify, investigate, and prosecute immigration offences”.
“This case underlines our commitment to robustly investigating immigration offences wherever they occur,” Ms Small continued.
“JCIS will continue to prioritise the safeguarding of migrant workers and uphold the integrity of Jersey’s immigration system.”
She also thanked the JCIS officers involved in the case for their “diligence and the detailed work”.
