The Nomination Meeting was held last night at the Town Hall for candidates seeking to replace former Deputies Trevor and Shona Pitman who lost their seats after being declared bankrupt by the Royal Court last month. The Pitman’s are barred from public office for 5 years as a result of being disqualified by virtue of Article 8 of the States of Jersey Law 2005.
The Pitman’s problems stem from a cartoon in a Broadlands the estate agents’ advert which appeared in the Jersey Evening Post. The cartoon gave me the impression that the Pitman’s were only in the States for the money and I am not surprised that they considered the cartoon to be offensive.
The Pitman’s like many other States Members and Parliamentarians throughout the world gave up their job following their election. Whether their salary was more or less than their previous jobs was irrelevant.  If the cartoon was intended to depict the Pitman’s as money grabbers why were they singled out?  Was it because they were seen as a thorn in the butt of some the perceived Establishment figures?
The Pitman’s sought justice and took the matter to the Royal Court where unfortunately they lost and have ended up with horrendous legal fees which not only have to be paid to their lawyers but also to the other side.  Not being in a position to pay they have been declared bankrupt whereby they not only lose their home but also their jobs. One may ask where the justice is and did it make sense for the Court to take such drastic action? If the creditors hope to see any money, making the Pitman’s bankrupt, destitute and jobless is hardly the best way of going about it.
At the end of last week in the same building a lady in her late 80’s was attempting to secure £30,000 in compensation from former Magistrate Ian Christmas who had been convicted in 2012 for fraudulently inducing the lady to invest £100,000 in a US property scam. The lady had lost over £500,000 in the scam and was ordered to pay thousands of pounds in legal fees following a failed bid to secure funds from Ian Christmas. Last year a £100,000 compensation order was overturned after the Court of Appeal had found that Christmas was “balance sheet insolvent” and could not afford to pay.
The lady and a number of other people had lost considerable sums of money after they were duped into parting with their savings in what turned out to be a property scam. Some may be asking what the Magistrate’s involvement was and indeed why was he using his position to give his fellow fraudsters credibility.  His three fellow fraudsters are currently serving 4 year plus prison terms.
In court is was claimed that Mr Christmas was not opposed in principle to paying compensation but a court order would present him with the choice of bankruptcy or returning to prison. I say “Big Deal.” Mr Christmas unlike the Pitman’s was not in financial difficulties because he was seeking justice. He was a well-paid judge with friends in high places and with all the trimmings who was using his position to persuade trusting people to part with their money which for many was their life savings.
Mr Christmas was given only a fraction of his fellow fraudster’s prison sentences and was in receipt of his full salary for around 4 years whilst suspended. He chose to enter into a business arrangement and as a judge must have or should have known how deep a hole his colleagues were digging. An investigation into his activities took years and like the Court Hearing was very costly. He chose to spend thousands of pounds defending his actions and lost.
I knew Mr Christmas who was a charming man and I am saddened to see how he has fallen from grace, but he was the instrument of his own misfortune. However unlike the Pitman’s he still has a home, a pension and savings and not been declared bankrupt. He may have had to pay for his legal fees but not the cost of the investigation and prosecution. He does not have to pay any compensation to the other investors/victims and has been able to retire to Yorkshire and enjoy the rest of his life. To seek any compensation the investors like the 80 year old lady must invest their own money, however for most they have already given what they had to Mr Christmas and his fellow fraudsters who no doubt will again cry “foul” and claim hardship if ordered to pay anything.
The Advocate pleading for Mr Christmas claimed Mr Christmas had served a prison sentence, lost his matrimonial home, been vilified publicly, been forced to leave the Island and being asked to cover a great level of debt.  Whilst some the claims like the prison sentence might be true, Mr Christmas can hardly claim to be a victim of some conspiracy to inflict him with hardship when he had inflicted untold hardship on his victims who have no means of redress because Jersey’s Financial Services which claims to be world class still does not have an Ombudsman nor a compensation scheme.
As a child it was drummed into me that crime does not pay, 60 plus years later I have found that some time’s crime does pay or/and some time’s the punishment does not fit the crime. It may well be that with hindsight the Pitman’s may have been better advised to swallow the insult inflicted on them, but hindsight is a wonderful thing and was their punishment when seeking justice really fair. I am told that the Privileges and Procedures Committee is looking into Article 8 of the States of Jersey Law and hopefully it will find that it is too draconian and no longer fit for purpose.
However the States are all the poorer for the loss of Trevor and Shona Pitman and the Investors are all the poorer for their involvement with Mr Ian Christmas, Mr John Lewis, Mr James Cameron and Mr Russell Foot. It is often said that life is unfair and justice is blind. Making the Pitman’s bankrupt and not Mr Christmas does not add up unless one takes into account who they all are and who has friends in high places.

Postscript Friday 21st February 2014.

I regret to inform readers that the elderly lady referred to in my Blog above has recently passed away. She was obviously a lady of principle who did not want to let those who had conned her get away with her life savings. As such she was prepared to risk what little she had left to pursue Mr Christmas to the end of her days.

She deserved better from the Courts and those who employed to safe guard the interests of justice. Mr Christmas was ordered to pay in instalments only a portion of the money he and his colleagues took from the lady. I don't know what the ruling is now that the lady has died, but I hope that what is still owed will be paid to the beneficiaries of her will.

May she rest in peace.

Postscript  Saturday 8th March 2014

I am pleased to report that the Appeal Court has ruled that sum of money still outstanding must be paid in instalments to the lady's Estate.
Posted by Bob Hill at Wednesday, February 05, 2014 Labels: balance sheet insolvent, Bankruptcy, Broadlands Estate Agents, Friends in high places., Ian Christmas, James Cameron, Jersey Evening Post, John Lewis, Russell Foot, Shona and Trevor Pitman, States of Jersey Law
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