A former SandpiperCI employee was caught on CCTV stealing up to £600 worth of food and goods, was dealt with at a parish hall inquiry, which is reserved for the most minor offences.
The retail chain’s chief executive Tony O’Neil questioned what kind of message this sent people about abusing a position of trust. He confirmed that senior figures from SandpiperCI were due to meet the Attorney General in the coming weeks to decide on the next step.
He said: ‘We have asked for a meeting between a couple of colleagues, myself and the Attorney General. We have nothing confirmed but it will be in the next couple of weeks. It will be to see what response we get. After that we will decide what course of action to take.’
The meeting comes after Jersey’s most senior prosecutor – Attorney General Robert MacRae – wrote to all States Members highlighting victims’ rights to challenge decisions not to prosecute cases.
The Attorney General deals with between two and five requests to review decisions not to prosecute every year.
Mr MacRae, who is due to step down as Attorney General to become Deputy Bailiff next month, has also now published an online directive on the matter.
The Attorney General has the power to intervene in cases when a Centenier declines to charge a person or when cases are dealt with at parish hall inquiry and the victim, or someone involved, feels the matter should have been taken higher.
In his letter to Members, Mr MacRae said: ‘Decisions not to prosecute are generally made by the Centenier, sometimes having regard to legal advice they have received from a lawyer in the Law Officers’ Department. In accordance with the European guidance and indeed other victims’ rights to review schemes established in other jurisdictions, it is proper and appropriate for the review to be carried out by a lawyer in the Law Officers’ Department and the published review process indicates that the review will be carried out by a different lawyer from the lawyer who advised originally.
‘In the unlikely event that the decision not to prosecute was made by a law officer then the review will be carried out by the other law officer. In those circumstances it may be appropriate for the reviewing law officer to take advice of independent counsel.’
Earlier this year, Deputy Mike Higgins raised a case in the States about a sexual misconduct investigation against a ‘prominent’ Islander. The Deputy criticised the police for their investigation. Detective Chief Inspector Chris Beechey said he was satisfied with the force’s inquiry and that an evidence file was passed to the LOD for consideration to charge but the threshold was not met and a decision not to charge was made.
