Issue no. 41 - 12th June 2015 - Price 90p AND THEY CALL THIS A DEMOCRACY What kind of democracy would have an unelected leader who owns the constitution, owns the jurisdiction, owns the law and is above the law? What kind of democracy would openly deny its citizens their basic human right to a fair trial? What kind of democracy would have a govern- ment and leaders that cannot be voted out of office? What kind of democracy does not tolerate opposi- tion or dissent in any shape or form? What kind of democracy uses its legislative, execu- tive and administrative powers to destroy the economy and people’s livelihoods on purpose? What kind of democracy will only tolerate eco- nomic activity if it is under the complete control of and serves the purposes of the leaders and members of the one ruling party? What kind of democracy uses its legislative and administrative powers to engineer depopulation in order to get rid of dissenters or non-members of the one ruling party? What kind of democracy would hold “elections” in What kind of democracy ignores its responsibility which an orchestrated bloc vote predetermines the outcome? for the welfare of the sick, the elderly and the vulnerable? What kind of democracy would have a parliament What kind of democracy tolerates, condones or in which the leaders and over half the members are not elected but just selected for office without facing the electorate? encourages its state officials to harass, bully or even engage in criminality against citizens that they consider to be enemies of their one ruling party state? What kind of democracy is governed from behind closed doors by unelected representatives who are unaccountable to the people over whom they rule? What kind of democracy has a parliament ordered by an unelected “president” to ignore substantial minorities and outside authorities? What kind of democracy has a parliament whose members do not object to being so ordered by an unelected “president”? What kind of democracy is governed with com- plete disregard for democratic principles and contrary to universal standards of good governance? What kind of democracy has no border control and law enforcement dependent on and under the complete control of the members of a secretive and unaccountable parliament? What kind of democracy has state officials who feel entitled to monitor and intercept citizens’ mail? What kind of state sends an unelected an ineffec- tual representative to sign an international agreement with which they have no intention whatsoever of complying? SARK IS A TOTALITARIAN ONE RULING PARTY STATE WITH STRIKING AND UNDENIABLE SIMILARITIES TO 1930s GERMANY SARK’S LACK OF BORDER CONTROL: AN ATTRACTION FOR CRIMINALS BUT AN IRON CURTAIN AGAINST LAWFUL ECONOMIC ACTIVITY Sark’s borders are open. In the absence of border control anyone can come and go as they like, no questions asked, be they illegal immigrants, terrorists, drug smugglers or common criminals. The only ones who cannot come and go at will - the only ones barred from Sark due to its lack of border control - are the law-abiding, money-spending Continental visitors that this Island desperately needs in order to create a viable economy which sustains life here. Sark’s lack of border control is an iron curtain against lawful economic activity but an attraction for criminals and their unlawful cargoes. It makes no sense whatsoever, but feudal lord, Michael Beaumont, and his one ruling party regime refuse to even consider establishing a Customs post on the Island. 2 Our 73rd weekly appeal to Michael Beaumont: IT IS YOUR ISLAND; YOUR CONSTITUTION, YOUR JUDICIARY, YOUR JURISDICTION, YOUR ECONOMY, YOUR PEOPLE AND YOUR RESPONSIBILITY, MR BEAUMONT D E R O Over a 100 jobs have been lost on Sark and there is unemployment on an unprecedented scale. People are suffering hardship, having difficulties paying the rent and putting food on the table. Some shops and small businesses have simply closed down, others have gone or are going bankrupt. The lives of many families have been devastated and many have already left whilst others are in the process of leaving simply because they have no other choice. N G The Island’s economy is in a state of collapse and its cash reserves depleted whilst the Island-owned monopoly shipping company, the IoSS, of which your name appears on 99.9% of the shares, is losing vast amounts of money on a daily basis costing a mind-boggling £6,000 a day to run with a near non-existent daily income from freight and passengers in the winter months - as evidenced by the £200,000 taxpayer-funded emergency loans that Chief Pleas were forced to make available last January, last October and again in January this year in order to save the company from immediate bankruptcy. I Mr Beaumont, the Sark Newsletter, succeeded by the Sark Newspaper, has appealed to you on many occasions on behalf of your people, appeals which you have so far ignored, to give them an opportunity to create a future for themselves through an economy based on tourism. The Island needs you to show your concern for the people, young and old, now, by giving your permission for a local Customs post based on Sark and your support for direct shipping routes bringing in visitors from the Continent of Europe. Only then can the people of this Island get on with creating the economy that they so badly need and a future for themselves and their families. It is your Island and it is therefore your responsibility to act. NOW. 3 WHAT GOOD CAN THE UNELECTED CHARLES MAITLAND’S POSTURING AND ‘SUMMITEERING’ IN FRANCE POSSIBLY DO? Without even informing his fellow members of Sark’s one ruling party parliament, on 22nd January 2015, the unelected Chairman of Sark’s Policy and Performance Committee, Charles Maitland, signed a Memorandum of Understanding between the French Departments of Lower Normandy and La Manche and the Channel Islands on behalf of Sark. Article 1 of the Memorandum of Understanding states the purpose of the agreement secretly entered into by Mr Maitland: “The goal of this agreement of decentralised co-operation is to develop the institutional partnership and strengthen exchanges in the areas of economic development, tourism, education and culture between Région Basse-Normandie, La Manche, the Government of Jersey, the States of Guernsey, and where appropriate, the States of Alderney and the Chief Pleas of Sark, within their respective remits and in the interests of each authority.” As announced in the Policy & Performance Committee’s corresponding ‘press release’ which appeared on the government website Wednesday last week, the first “summit” of the signatories to the Memorandum was held in France on Friday and representing Sark was, unsurprisingly, Charles Maitland who, according to his “press release” welcomed “this opportunity to strengthen the historic ties between Sark and France”. It is a shame that Sark’s unelected representative didn’t focus on the current ties instead - or rather the lack of current ties. One wonders how Mr Maitland arrived in Mont St Michel - whether he, like any other traveller between Sark and France, had to take the long, tedious and time-consuming detour via Guernsey or Jersey to clear immi- gration before being able to travel to his destination. Or whether, perhaps, special transport was laid on and special dispensations issued in view of the great prominence of this particular Sark traveller? We note that the two fundamental and, for Sark, vitally important points of the Memorandum of Understanding - co-operation on economic development and tourism did not feature on Mr Maitland’s agenda at all. This is not surprising. Sark’s one ruling party regime’s only policy when it comes to economic development is to see to its destruction. And as far as cooperation with tourism is concerned, the regime represented by Charles Maitland in France last Friday refuse to even consider allowing French visitors direct access to Sark. “We have many thousands of French visitors coming to our unique island every year”, Mr Maitland spouts forth in his ‘press release’. Really? How many, exactly, Mr Maitland? You are clearly in the know, so how about acting with transparency and sharing the knowledge with the rest of us? If “many thousands” are coming now, although they are denied direct access to Sark, imagine how many more would come if they didn’t have to waste hours and hours of their time by sailing to Guernsey or Jersey first in order to go through immigration. Sark’s tourist industry would finally have a viable market. Sark would finally have a chance to create an economy and, with it, desperately needed employment. 4 Co-operation on transport links between Sark and France is another undertaking Charles Maitland signed up to when putting his name to the Memorandum of Understanding. In practice, co-operation on transport links is limited to Mr Maitland’s praise of the Manche Iles’ less than reliable service. Conveniently forgotten is the consultation process undertaken by the Lt-Governor in 2013 which showed that a number of French operators were interested in establishing routes to Sark - at no cost to the Sark taxpayer. We can be absolutely certain that regardless of the agreement entered into by Charles Maitland on our behalf, no additional French shipping company would ever be allowed to ‘threaten’ the one ruling party’s jealously guarded and heavily taxpayer-subsidised shipping monopoly “life-line” by bringing visitors direct to Sark. And, needless to say, in the absence of a Customs presence on Sark, no such routes could be established anyway. So what could Charles Maitland, pompous but ineffectual and inexperienced but self-important, possibly have achieved on this Island’s behalf on his day out to Mont St Michel last Friday? His promised focus on “historic ties” indicates that the answer is nothing. Which is exactly what we have become used to from Charles Maitland. He is wholly unelected by and wholly disconnected from the ordinary working men and women of this Island and he has shown himself to be unwilling to and incapable of protecting their interests. The perceived importance of his ‘summiteering’ and posturing in France will have done much to bolster his ego and nothing to bolster any confidence in him amongst the people whose interests he falsely claims to represent. HOW CAN ANYONE POSSIBLY TRUST A WORD OF WHAT HE SAYS? Mr Charles Maitland was selected for a seat in Sark’s one ruling party parliament in December 2008. In his manifesto the inexperienced former carpet trader, antiques dealer and nursing home administrator promised a lot: land and leasehold reform, the creation of a number of well paid jobs at La Seigneurie Gardens, support for small, locally owned businesses, the preservation of “all that is best about Sark” and employment laws with written contracts and holiday pay for all workers. However, the promise that won him a seat will no doubt have been his pledge to “preserve the role of the Seigneur and Seneschal”. By the time he resigned from the assembly in 2013, Mr Charles Maitland had fulfilled only one of his election promises, namely that of supporting feudal lord, Michael Beaumont, and his chief enforcer’ “president” Reginald Guille. Although small, locally owned businesses were going bust left, right and centre; although land reform remained as distant as ever; although Sark’s workers got unemployment instead of contracts and holiday pay, Charles Maitland faithfully supported the policy of economic destruction set by those whose powers and privileges he had pledged to support and preserve. Indeed, he can justly be accused of successfully preserving “all that is worst about Sark”. Meanwhile, the promised well paid jobs at La Seigneurie Gardens boiled down to one ruling party bully Josephine Birch becoming head gardener with a contract and holiday pay whilst long standing employees were given the boot. In July 2012 Mr Maitland pledged his full support for the Belinda Crowe Review and the implementation of its 33 recommendations by stating that “I personally am fully committed to the report.” But less than a year later, Mr Maitland had lost his zeal for reform. He resigned from Sark’s one ruling party parliament citing exhaustion and saying in his farewell speech to the assembly that “he can only assume that there are too many vested interests here that are being threatened, too many Committees that are content to meander onwards”. At the non-election of December 2014 Charles Maitland was reappointed to Sark’s one ruling party parliament without any such niceties as giving the electorate a say in the matter. And despite the fact that the one ruling party regime of which he is once again a prominent member lacks good governance, lacks transparency and accountability and lacks separation of powers every bit as much as it did when Ms Crowe’s review was published in May 2012, Mr Charles Maitland seems to have forgotten all about his pledge to rectify it. Instead, he sees fit to describe as a “masterstroke”, a re-organisation which means that Sark’s entire governance and administration has gone under ground with even less good governance, less transparency and accountability and less separation of powers than before. What changed, Mr Maitland - what made you change your mind? We will never know. Just like we will never know the true purpose and terms behind his secretive La Seigneurie Gardens Trust - or what goes on behind the firmly closed doors of Sark’s one ruling party parliament. And even if Mr Charles Maitland suddenly should change his mind and start acting with transparency, the sad fact is that it is too late. We have all learnt not to trust a word of what this hypocrite says. SARK DELEGATIONS HAVE GONE ON A JOLLY TO FRANCE BEFORE AND MUCH GOOD IT DID US The photo below was taken in France in April 2008, some two months after the Sark Viking came into service. Feudal lord Michael Beaumont (whose name appears on 99.9% of the Isle of Sark Shipping Compa- ny’s shares), his current “president” Reginald Guille and a very carefully selected small group of Islanders went on a secret mission to France - without, as far as anyone knows, informing the Island’s parliament or, certainly, the IoSS’s supposed owners, the taxpaying public. As a result of this secret trip, it was with great fanfare announced that from 17th June 2008 the Sark Viking would operate a twice weekly freight route to France. The route was never heard of again, never even mentioned with a word by anyone in a position of power in Sark, least of all Michael Beaumont. Why? Presumably the feudal lord was made aware that a direct freight route between Sark and France would, heaven forbid, require a Customs presence in his jurisdiction. 5 THIS IS NO WAY TO TREAT YOUR CUSTOMERS: APOLOGISE OR RESIGN, MR SMILLIE At the end of last week all of Sark’s households received “an open letter to our Sark Customers” from Mr Boley Smillie, the Chief Executive of Guernsey Post. In this letter Mr Smillie correctly states that “it is Guernsey Post’s responsibility to provide a secure, efficient and convenient postal service to all of the Bailiwick’s residents, including those in Sark”. As reported in the Sark Newspaper in its Issue no. 30 of 2nd April 2015, page 5: NatWest’s Sark branch has now been closed down. But only physically - the building itself. The bank still operates Sark accounts but via the one ruling party bastion that is the Sark Post Office. Despite, one might add, the dark cloud of suspicion that hangs over this establishment after it was subjected to both a Guernsey Police investigation and an internal Guernsey Post investigation into the opening of letters they were handling. “Upon receiving any complaint concerning our services we will always undertake a thorough internal investigation,” Mr Smillie continues, before explaining that Guernsey Post’s own “internal procedures” failed to find any evidence of “post security breaches” at the Sark Post Office”. The matter was then given over to the Guernsey Police, Mr Smillie explains, who concluded their investigation on 11th February 2015 without finding “evidence to support the allegation that any Sark Post Office staff were guilty of interfering with mail”. Mr Smillie was clearly disappointed that the Sark Newspaper referred to the matter in April this year (see top left of this page) and reassures his “Sark customers that their mail is safe”, that “there should be no cause for any concern” and that “the allegations made in the Sark Newsletter were fully and independently investigated and have been found to be completely unsubstantiated”. That is wrong. The fact that both Guernsey Post’s internal investigation and the Guernsey Police’s investigation unsurprisingly failed to find evidence of who tampered with Mr Delaney’s personal mail does not alter the fact that no less than five letters addressed to Mr Delaney were indeed intercepted, read and crudely re-sealed with Sellotape. These two inconclusive investigations do not vindicate the Post Office and its employees in any way. On the contrary, and as reported by this publication on 2nd April 2015, there is indeed a dark cloud of suspicion hanging over it. It isn’t an unsubstantiated allegation that Mr Delaney’s mail was intercepted and tampered with, it is a proved fact for which both Guernsey Post and the Guernsey Police have the evidence in the form of the five opened letters; evidence without which there wouldn’t have been any investigations in the first place. Letters from the National Crime Agency and the Royal Bank of Scotland, addressed to Mr Kevin Delaney and delivered by the Sark Post Office opened and crudely resealed with Sellotape For Mr Smillie to believe that the Guernsey Police would have been able to obtain any “evidence to support the allegation that any Sark Post Office staff were 6 guilty of interfering with mail” is naive in the extreme, if not disingenuous. Before coming to Sark to investigate anything, Guernsey’s professional and impartial law enforcement officers must obtain feudal lord Michael Beaumont’s authorisation - a permission which can be withheld until a crime scene is thoroughly scoured and securely cleansed of any evidence of any wrongdoing. As reported in the Sark Newsletter’s issue no. 112 of 21st October 2011: “The Sark Post Office is managed by Ms Caroline Langford. It is located in the Gallery Stores, also run by Caroline Langford. Ms Langford is engaged to exConstable Alan Blythe, who appears to feel very much at home in his fiancée’s Post Office / shop and is often to be seen behind the counter. As detailed in earlier issues of the Sark Newsletter, Mr Blythe has a history of being a foul-mouthed bully and drunk. He has been reported to the Guernsey Police for harassment, even whilst serving as Sark’s Constable, and, more recently, he has been reported to the Constable for abuse and threatening behaviour against the Editor of the Sark Newsletter. Mr Blythe is, of course, another foot-soldier of Sark’s bullying brigade: a protégé of Seneschal Reg. Guille who gave Mr Blythe such praise when his term as Constable ended.” Mr Smillie should understand that the opening of Mr Delaney’s mail is not an isolated, one-off incident, it is something that has happened to all too many Islanders over the years, all of whom, because of the culture of fear, made a conscious decision not to complain. Contrary to Mr Smillie’s assertions of Sark’s postal service being safe and secure, it is a tacitly understood fact of life on this Island that the leaders, members and supporters of Sark’s one ruling party regime consider it to be fully within their right to intercept and read personal letters addressed to those they consider enemies of the state such the Editor of the Sark Newspaper. Since the above was published, Sark’s postmistress’s partner Alan Blythe has been elevated by Sark’s one ruling party to a seat in their parliament - of which Reginald Guille is now unelected “president” - and membership of the secret organisation called the Douzaine as well as five other committees. As in all totalitarian states, Sark’s one ruling party has control over all political, social and economic institutions, including, of course, the Post Office, which truly functions as its stronghold on Sark’s Avenue. The leaders, members and supporters of Sark’s totalitarian regime will delight in seeing Mr Smillie’s ill-judged “open letter” placed in a prominent position on the establishment’s notice board. They will exult in Mr Smillie exonerating the Sark Post Office staff of any wrongdoing and gloat at his sanctimonious criticism of the reporting in the free press. Mr Smillie’s “open letter” betrays a serious error of judgment. Mr Delaney lodged a serious complaint because his personal mail had been interfered with. Now, without writing to or contacting Mr Delaney in any way to explain what has taken place, Mr Smillie, the Chief Executive of Guernsey Post, sends out an open letter to all the residents of Sark exonerating himself, exonerating Guernsey Post and exonerating the employees of the Sark Post Office in spite of the indisputable fact that Mr Delaney’s post was indeed tampered with. This is no way to treat your customers. The fact that he cannot control the Sark Post Office is Mr Smillie’s problem. But instead of admitting to his customers in Sark that he is unable to guarantee the secure delivery of the Island’s mail and apologising for it, Mr Smillie has clearly chosen to pander to Sark’s one ruling party regime - and no doubt complied with their request - by sending out this inexcusable “open letter”. Mr Smillie, Sark’s postal service is your responsibility. It is not secure. Apologise for it or resign. 7 SARK’S ONE RULING PARTY REGIME DELIVERS AN OBJECT LESSON IN TOTALITARIAN STATE ECONOMICS Economic freedom is essential for democracy to thrive and prosper, but in Sark feudal lord, Michael Beaumont’s, one ruling party rigorously enforce totalitarian state control over the people’s economic rights and freedoms. Rather than enjoying democratic “government made for the people, made by the people and answerable to the people” (Daniel Webster, January 26 1830) we are instead forced to endure a grotesque parody of government that is made for the one ruling party state, made by the one ruling party state and answerable only to the one ruling party state. Here on Sark the one ruling party, true to totalitarian states the world over, involves itself in all aspects of society including the daily lives of the Island’s people. In doing so it eradicates the distinction between the state and the community. The boundaries which separate the economic policies of the totalitarian state of Sark from those of the other British Crown Dependencies of Jersey, the Isle of Man and the rest of the Bailiwick of Guernsey are clear for all to see. Where the democratic governments of our fellow Island states strive for economic growth, job creation and year on year improvement to the quality of life for their citizens, the one ruling party state of Sark has spent the past eight years systematically destroying the economy with a strategy designed to increase the power of the state over every aspect of Islanders’ lives. As a result of this cynical strategy, which has only been possible because Sark is held in the iron grip of a totalitarian regime, land and property values are at a historic all time low, the employment market has collapsed and the Island has suffered record depopulation to the point where there are now less than 450 full - time residents. This number needs to be taken in the context of there being some 650 residents at the time of Sark’s first “selections” for the one ruling party state parliament in December 2008. This state-sponsored economic cleansing is delivering exactly what the members and supporters of the one ruling party state intended it to do from the outset. The less opportunities that exist for people to be employed in the private sector, the more those who have to work for a living live in fear of falling foul of the state. emy La Trobe-Bateman, as the Island’s principal judge despite this individual lacking any judicial experience or qualifications. The principal judge’s son, Samuel La TrobeBateman, similarly wholly unqualified for the role, will shortly take up the position as Sark’s chief law enforcement officer. It is against this backdrop of absolute control over the Island’s governmental structures, which include the police, the judiciary, along with all social and economic institutions, that the party leadership systematically suppress any dissent by using the powers vested in them by the totalitarian state. It is a simple statement of fact that those who The lack of separation of powers, dare to challenge the absolute powwith those who make the laws in the er of the one ruling party state pay a one ruling party state parliament very high price for their transgresbeing the same state officials who sions. move around the Island enforcing the very laws they themselves create The level of state interference becomes particularly sinister when it and vote through, gives immense powers to deliver state patronage or comes to anyone who attempts to state punishment as each and every lawfully exercise their economic rights and freedoms outside of the member sees fit. influence and control of the one Sark’s very own autocratic leader, ruling party. Tourism should be the the ex - aircraft mechanic and now engine that drives Sark’s economy, feudal lord Michael Beaumont, en- not only contributing to the Island’s GDP through the revenues created sures that by his ownership of the from visiting tourists but also from Island’s jurisdiction, constitution and judiciary he is the sole provider the seasonal increase in the Island’s population as a whole array of of absolute and incontestable conchefs, waiters, receptionists and trol to his one ruling party state housekeepers swell the resident popmembers and supporters. ulation numbers by up to 50% from His control over law enforcement late March through until October. and judiciary is exercised with utter This year, as a result of the one rulcontempt for democratic principles ing party’s calculated destruction of and with the arrogance of a despot. the Island’s economy, there are Not one member of the professional some 150 less seasonal jobs on the and qualified member of Guernsey Island. Police can set foot in the selfgoverning state of Sark without first This is no doubt great news to the many gated community retiree having obtained permission from Michael Beaumont, the feudal lord members of the one ruling party who, with utter arrogance, has ap- state. But the impact of 150 individpointed his own brother-in-law, Jer- uals not spending their hard earned 8 wages in Sark’s shops, bars and restaurants is merely accelerating the Island’s economy’s already rapid decline. The less revenues coming into the businesses that have survived the onslaught of the one ruling party’s attack on the economy, belonging in the main but not wholly to those that have shown their allegiance to the state, the less money they will have to spend in other areas of the economy. Economic drivers such as the all important construction sector, gardening service providers, utility suppliers and any number of businesses which are dependent on a successful tourism industry for their survival are all suffering needlessly. tality business on Sark. Her business premises are granted to her, rent - free, by the same one ruling party state parliament of which she is a member. Moreover, her husband is the chief law enforcement officer on Sark and it is he who attends court and either approves or objects to licenses to sell alcohol and applications for extended opening hours for his wife’s business and every one of her competitors on Sark. At times one has to stop and reflect that you could not make it up if you tried. because the official Sark tourism map and guide failed to even acknowledge the existence of many of the hotels, pubs and restaurants”. One hotel that did feature extensively in last year’s taxpayerfunded “official” Sark Tourism promotional material was the bastion of the one ruling party state, Stocks Hotel. This business is owned by two key one ruling party state - supporting families, the Magells and the Armorgies. Indeed, Helen Magell and Paul Armorgie were both members of the Observers both on Sark and in the one ruling party state parliament corridors of power off Sark remain until the Sark Newspaper exposed incredulous that this shameless in- the uncomfortable truth that rather than being a family run business dividual steadfastly refuses to do tracing its roots back generations, the honorable thing and resign the hotel is in fact funded by the For those who show loyalty to the from office and concentrate on Dixcart Trust, a financial service one ruling party state there is no trading on equal terms with every provider specialising in tax avoidneed for such concerns. Whilst the other hospitality business on the ance for wealthy clients. regime has remained empowered to Island. deliver an object lesson in the beneThis led Mr Armorgie and Mrs fits of totalitarian state economics, State employee Karen Adams, Magell to seek a life below the rathe one ruling party loyalists have Sark’s official tourism officer, is dar of the free press. However, continued to be the beneficiaries of also a member of the very one rul- their retirement from the one ruling party state parliament that emstate patronage. ing party parliament did nothing to ploys her. Once again, this is a situalter the fact that they used their This year’s “official” Sark Tourism ation that would only be acceptable one ruling party state power and team provide a breathtaking exam- in a totalitarian state such as Sark. influence to get planning permisple of the arrogance of one ruling Such a conflict of interest would not sion for a vast staff complex on virparty parliament members and be tolerated were Sark a fully funcgin Dixcart Valley woodland in a supporters who couldn't give two tioning representative democracy. record 10 days whilst those identihoots for the jobs that have been fied as enemies of the state faced The taxpayer-funded state patronyears of wrangling to have their age enjoyed by one ruling party own far more modest plans passed. parliament members Sandra Williams and Karen Adams is matched As a result of the eight years of sysonly by the punishment meted out tematic destruction of the Island’s by these two duplicitous individuals economy there are only two hotels to those considered enemies of the open on Sark this year, the undisstate. Anyone consulting last year’s putedly family-owned and operattaxpayer-funded Sark Tourism ed, multi-award winning, La Saguidebook, map or website would blonnerie Hotel, and the Dixcart have been at a loss to understand Trust-backed Stocks Hotel. The 2015 Official Sark Tourism why a huge percentage of the Isteam: Sandra Williams, Karen lands hotels, restaurants, cafés and The more observant amongst our Adams, Jane Armorgie and readers will have noted that slap Lydia Bourne. bars had been systematically removed from all official promotional bang in the middle of the official 2015 Sark Tourism team, can be destroyed and livelihoods lost as a material. They had been simply found none other than Jane Arairbrushed out of existence. result of their self-serving rule. morgie, wife of the joint owner of Sandra Williams is a member of the Stocks Hotel, Paul Armorgie, anAs one high net worth individual one ruling party state parliament. other example of the self-serving from Guernsey who had booked out She is head of the state committee workings of totalitarian state ecothe majority of hotel rooms on the for tourism; this despite the fact nomics at its very worst. GovernIsland for an entire weekend comthat she operates her hospitality plained: “I had to have my own is- ment by the one ruling party for the business, a pub and café, in direct one ruling party indeed. competition with every other hospi- land maps made up for my guests 9 FEUDAL LORD MICHAEL BEAUMONT OWNS THE LAW IN SARK - HE IS THE LAW IN SARK In 1978 Mr Michael Beaumont quoted the Rev. J.L.V. Cachemaille, a former vicar of Sark, in a foreword to a summary of Sark and its Government and laws in the following terms: Mr Beaumont goes on: “Legislation affecting nonresidents in any way and laws affecting taxation have to be submitted to Her Majesty in Council for approval and foreign affairs, international agreements and EEC regulations affecting the Island are handled by the Home Office”. When Michael Beaumont arrived in Sark in the mid - 1970s he clearly felt that he was lord over everything he surveyed and with the added reassurance of being able to appoint his own court officials, he no doubt concluded he could do whatever he pleased. It was no doubt convenient for him therefore to retain the services of Dr Axton, now his Deputy Seigneur, to review documents and records when he encountered resistance from the owners of a property, part of which he claimed as his own. It was the 1980s and Mr Beaumont was expanding ever further into a field which he did not own. In order to add legitimacy to his excavation of a long establish bank belonging to someone else so that he could create a new entrance, he firstly had a relative apply to his court for permission, which was duly granted by the then Seneschal Hilary Carre on 29th July 1982. Mr Beaumont then proceeded on 14th September 1991 to have a summons issued by his then advocate Richard Babbé and served on the owners of the land by the then Prevôt Mr Alfred Adams. When the owners of the land objected to being subjected to Mr Beaumont's personal court over a matter concerning his own personal interests on 19th September 1991, Sark’s feudal lord firstly ignored the correspondence on the grounds he was away from the Island. He eventually did respond through his advocate on 31st September 1991, attaching a passage from a French lawyer Louis Selosse of 14, Rue des Fosses, Lille, which was dated 1911, explaining that “the jurisdiction of the Seneschal in a matter involving the Seigneur as a party is beyond question”. This of course meant there was insufficient time for the owners of the land to seek further advice on the case set down for 1st October 1991 - the day after they received Michael Beaumont’s response. In light of the forementioned the owners of the land had no alternative but to submit to a court hearing at which Mr Beaumont clearly had full advantage because it was his court and the officials were reliant on his support for their office. In spite of the fact that Michael Beaumont could produce no evidence to support his case of trespass and in spite of the then Greffier, John Hamon, bravely confirming that the bank which had been created was indeed the 10 property of the owners of the land and did not belong to Mr Beaumont, the feudal lord's court decided he could still claim title. The court felt obliged to offer Mr Beaumont the lifeline he had asked for in his Summons, namely that " “the Seigneur has acquired ownership and possession of the said land by prescription”. In other words the court permitted Mr Beaumont's request that he could enforce his title by virtue of his consistent encroachment and his own trespass over time. The claim of prescription is of course invalid under the very Letters Patent 1565 by which Mr Beaumont derives his control over the Sark court, so this in itself made it impossible for Mr Beaumont to lawfully justify his case. The court, by the way, did order that costs be borne equally, thereby signalling the court’s impartiality - or alternatively its complete inability to take the feudal lord to task - whichever way you choose to see it. Getting back to Dr Axton and the questions for him and Mr Beaumont, who has now authorised the excavation outside the walled boundary of the Mill? Has Mr Beaumont once again been part of, or allowed, unlawful excavation of land over which he has no title? When will feudal lord Mr Beaumont finally abandon his ownership of Sark’s law? ENVIRONMENT: INDISPUTABLY AN AREA OF NON-CO-OPERATION FROM SARK’S ONE RULING PARTY REGIME On page 4 of this issue the Sark Newspaper quotes Article 1 of the Memorandum of Understanding entered into on this Island’s behalf by the thoroughly unelected Charles Maitland. Above is Article 2 of the agreement, which lays out the areas on which the signatories agree to co-operate. Economic development, tourism and transport were, as also highlighted earlier on in this issue, topics ignored in Mr Maitland’s “press release” where he outlines his agenda for the “summit”. Basse-Normandie and La Manche can expect no co-operation from Sark’s totalitarian one ruling party regime in these areas. Another topic from the above list that was studiously ignored by Mr Maitland is the environment. Clearly this is another area in which one ruling party Sark has every intention of continuing to do its own destructive thing, regardless of the agreement signed by Charles Maitland, regardless of international regulations, regardless of the risk to public health and regardless of the impact Sark’s outdated and dangerous waste disposal methods have on neighbouring jurisdictions such as Basse-Normandie and La Manche: Unprocessed glass waste will continue to be dumped over the harbour wall and left to drift across to the beaches of nearby France. Toxic ash from indiscriminate burning of waste and raw sewage will continue to be dumped into the sea that we share with our neighbours. The toxic plume of smoke from the indiscriminate burning of rubbish down at the harbour is frequently visible from Guernsey, and therefore from France also. These are state-sanctioned, state-executed and highly polluting practices dangerous both to humans and the environment but Sark’s one ruling party state has absolutely no intention of changing its noxious ways - all whilst its members and supporters crow about the Island’s “unspoilt” natural beauty. 11 COPY OF THIS ISSUE OF THE SARK NEWSPAPER HAS BEEN DISTRIBUTED TO THE FOLLOWING: President of the European Court of Human Rights, Mr Dean Spielmann President of the European Commission, Mr Jean - Claude Juncker The Council of Europe’s Commissioner for Human Rights, Mr Nils Muižnieks Secretary-General of the United Nations, Mr Ban Ki-moon Lord President of the Privy Council, The Rt. Hon. Chris Grayling Secretary of State for Foreign & Commonwealth Affairs, The Rt. Hon. Philip Hammond Minister of State for the Ministry of Justice, Lord Faulks Home Secretary, The Rt. Hon. Theresa May Reviewer of Sark’s Administration, Ms Belinda Crowe His Excellency the Lt-Governor of Guernsey, Air Marshal Peter Walker, CB CBE The Queen’s Private Secretary, Sir Christopher Geidt KCVO OBE PC Ms Camisha Bridgeman, Desk Officer in Strategy & Coordination at the Overseas Territories Directorate BULLYING The Sark Newspaper’s readers are once again reminded that if you are being bullied, intimidated or harassed in any way and wish to seek support, help or legal advice, please do not hesitate to call, write or e-mail me at the Sark Newspaper’s address. What you say will be in the strictest confidence unless you give your consent otherwise. Kevin Delaney The Sark Newspaper is edited and published on Sark by its proprietor Sark resident Kevin Delaney E-mail Editor in Chief Kevin Delaney: [email protected] Deputy Editor John Donnelly website: www.sarknewspaper.com Copyright THE SARK NEWSPAPER 2015
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