How much justice can you afford today?
THAT was a question posed many years ago by an advocate. I thought it wrong then – I think it wrong now. Justice is portrayed as a blindfolded woman, with scales held in one hand which indicates fairness governing justice. Perhaps it is naive of me to expect there to be a system whereby a governing body can be challenged without retaliation from expensive advocates and the threat of excessive costs.
On behalf of the parishioners of St Peter Port, the 2020 remede was challenged. I felt that it should have been reduced to take into account that Covid-19 has hit many of the ratepayers of St Peter Port financially. The first challenge was concerning a meeting of the douzaine which had been mismanaged by the constables despite warnings being given. They had not adhered to the method of holding a meeting during shut down, as set out by the States of Guernsey. Another meeting was held and by a majority, the remede was accepted.
Was it a personality problem that led rational beings to disregard the plight of ratepayers? Was it that they did not understand? In the case of the constables, had they committed the parish before shut down and now did not want to admit that things had changed? Whatever the reason, the remede as published was again published without change. I again challenged the remede, but asked the bailiff if there were any financial ramifications if the case went before the jurats.
The bailiff, Richard McMahon, was kind enough to let me know that a panel of seven jurats would hear arguments and that I would be liable for the costs of the hearing if the remede was passed as presented. Also, the advocate representing the constables could ask for costs; he jumped up and told me that he had been instructed to demand costs. That meant around £860 per hour x 7 – roughly £6,000, as well as any costs that could be found. Approximately £10,000 to do what I believe is my duty and responsibility to the people I swore to serve.
I apologise to the ratepayers of St Peter Port; I tried to have the remede reduced but failed because I could not take the risk of being found liable for £10,000. To me, the remede was and is unjust – Candie Cemetery panels could have waited another year, the floral budget could have been reduced by half and still have over £50,000 to pay for flowers. St Peter Port would still have the mast and all the flowers around the site, none of which are paid for by parishioners. Flowers around the harbour, again not paid for by the parish. There are many other examples.
It is said that justice delayed is justice denied – what is the saying concerning justice bought?
ROSIE HENDERSON
Ma Carriere,
Le Petit Bouet,
St Peter Port,
GY1 2AN.
Editor’s footnote: the St Peter Port Constables reply:
At all times we followed the procedures and democratic process as laid down in the Emergency Law.
The constables and douzaine always do what they consider to be in the best interests of their parishioners.
The only complaints we have received were from parishioners who were upset by the delay caused by Mrs Henderson as they wanted to pay their rates.