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Home Opinion Tynwald Justice - truth in action

Justice - truth in action

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Suffering an injustice is one of the most damaging human experiences. It gnaws at your emotions and of those near to you.

Think then how the Horan family must feel, after more than five years in the judicial system and no compensation on the horizon.

Here's what Jim Horan wrote on Facebook:

Five and a half years ago my house was totally demolished by Manx Gas. I didn't have mains gas at all and the forensic inspectors proved without a doubt it was mains gas that demolished my house. Manx Gas have spent five and a half years refusing to accept responsibility! Is this justice?

They took the case to UK to prevent local companies passing information apparently but due to Manx Law, when the case was registered with the Manx Court after 3 years, all the details had to be covered again I.E. I had to see the same consultants over my injuries again.

Were they attempting to use up my legal fees? I can see no other reason for this delay! They have succeeded! Manx Gas the amount we are asking for the permanent injury you have caused, the trauma and the loss of goods is peanuts to you! You should be ashamed!!

But it's a well known fact that going to court in IOM is an expensive business. This was highlighted in a letter lawyer Peter Willers wrote to the IOM Examiner (02.10.13):

……. Manx advocates always have had ‘a lucrative legal market’ because they have a monopoly protected by Manx law, the only profession whose local work qualification is protected by law - doctors, dentists, accountants, opticians chemists et al - their work qualification is the same as in the UK/EC and they have to compete in an open market place. Manx advocates do not. They have never been subject to the cold wind of competition.

An English barrister has to obtain a licence to appear in the Isle of Man High Court and licences are granted by Manx deemsters for civil cases as rarely as you are likely to find hens’ teeth. Seemingly, the availability of ‘over 200 advocates’ is the reason given. However, only a fraction of those advocates actually do court work and so, in reality, Manx litigants have little choice.

As important, however, is the cost - as Mr Gough says, you can get English barristers for around £100 per hour, here Manx advocates demand and get anything between £200 and £500 per hour - they can do so because they are guaranteed free from competition - both by Manx law and by the Manx deemsters. It is 2013 and yet Manx litigants continue to be held for ransom by the Establishment - will it ever change or should I get the next ‘boat in the morning’?

The system can be frustratingly slow. Think how the family of  Michael Joseph Davidson must feel. It's over 18 months since the 26 year old was found dead in Jurby Prison. The Inquest was opened and then adjourned for the IoM police to investigate. This took 15 months, until the end June 2013. The inquest still hasn't been resumed!

Inconsistency demoralises the public.

Our police respond to drug offending with some vehemence, but this is not necessarily always so. As a retired detective inspector found out after he discovered about 60 cannabis plants being cultivated in a disused quarry in Maughold - he said "It looked like a jungle". A man detained in connection with the find received only a caution after being arrested by the police. The decision not to prosecute was taken on advice from the Attorney General's Chambers.

The public deserves to have absolute confidence in our system of justice. It needs to be affordable, consistent and timely.
 

Comments   

 
0 #12 Acting AG's evidence 17.10.13WRT 2013-11-05 17:05
STANDING ORDERS COMMITTEE OF TYNWALD: EVIDENCE OF HM Acting Attorney General, Mr J Quinn 17.10.13
Line 465:
"If you take, for example, the cannabis cultivation issue, that will not be reported as that is simply an administrative decision that I made. Somebody may have thought, ‘Why?’, and they would have realised why, but there is no documentary evidence to justify that. It is just simply part of my function."
bit.ly/1dKSQpu
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+2 #11 RE: Justice - truth in actionR G 2013-10-26 16:09
In the UK the cases where parents are at loggerheads with children & families social services are publicised:-

Family Law Week: http://bit.ly/1g2VgmI

So why isn’t this done in the IOM? Something to hide?
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-2 #10 RE: Justice - truth in actionSteve 2013-10-25 14:21
I confess to being easily confused Zephor.

Your apparent reliance on the decision to license counsel in the Manx election case (where the parties were Legally Aided) confuses me.

Re 'Choice':

Are you saying that the Manx tax payer should fund the ability for those accused of crimes (and are in receipt of Legal Aid), the choice of barrister and solicitor that they want from the UK? Not withstanding that the cost of that on the Manx tax payer would be enormous?

Or; are you saying that if you are rich enough then you should have the ability to be able to freely use your money to have whoever you want from a different legal jurisdiction represent you if you wish?

The Manx Election case, due to UK counsel being licenced, has cost the Manx taxpayer millions of pounds. From what you seem to be saying you consider this money well spent. I believe that the Manx tax payer should get value for money. Please believe me, when the Legal Aid Authority license counsel, we, the tax payer, pay dearly. I am not surprised that our deemsters wish to protect the tax payer.

My understanding is that UK Counsel was authorised in that case because such cases are thankfully extreemly rare on the Island and Manx advocates simply did not have the required experience of such frauds to deal with the matter.

On the other hand, if your argument is based around the point that those with money (be they parties to criminal or civil proceedings) should be able to hire who they want from however far away and fly them in, at their expense, for meetings and for court appearances then ok, I accept your point, it's their money afterall (although I don't think that is very fair on those of us that could not afford such representation) .

Yes, I dismiss Willers, one only has to look at the miriad of published Manx judgments on the IOM Courts web site, in which he is party, to form ones own view of his comments.

I completely agree, it must be awful for Mr Horan, his family and friends. I hope justice can be delivered quickly and fairly in his case from this point on.
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-2 #9 RE: Justice - truth in actionSteve 2013-10-25 11:08
Quoting R G:
As regards secrecy ‘ Steve ‘ wrote:

"if you were not a party to those very difficult, emotional and private court proceedings you might think that there was some sort of 'shroud of secrecy' going on because you would not have access to other peoples private business"

But ‘Justice’ has to be seen to be done to be fair. It would be perfectly possible for cases to be published, as in the UK, in dis identified form like this landmark judgment from Haringey:

AB & Anor, R (on the application of) v The London Borough of Haringey [2013] EWHC 416 (Admin) (13 March 2013)

http://bit.ly/H57NHs

Then it would be possible for justice to be scrutinised.


Do you mean like the cases available on the Courts web site?

http://www.judgments.im/content/@8.htm
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+2 #8 Justice - "seen to be done"R G 2013-10-25 07:08
As regards secrecy ‘ Steve ‘ wrote:

"if you were not a party to those very difficult, emotional and private court proceedings you might think that there was some sort of 'shroud of secrecy' going on because you would not have access to other peoples private business"

But ‘Justice’ has to be seen to be done to be fair. It would be perfectly possible for cases to be published, as in the UK, in dis identified form like this landmark judgment from Haringey:

AB & Anor, R (on the application of) v The London Borough of Haringey [2013] EWHC 416 (Admin) (13 March 2013)

http://bit.ly/H57NHs

Then it would be possible for justice to be scrutinised.
Quote
 

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