The applications for leave to appeal were heard over two days (Tuesday 19 January and Thursday 21 January 2010) before a panel consisting of Dame Heather Steel, the president of the court, Clare Montgomery QC and Michael Jones QC.

After two trials Claude James Donnelly was convicted on 18 June 2009 of five counts of rape, 13 counts of indecent assault and one count of procuring an act of gross indecency. He was sentenced to 15 years imprisonment on 21 August 2009.

Gordon Claude Wateridge was convicted on 20 August 2009 of 11 counts of indecent assault and one count of common assault. He was sentenced on 21 September 2009 to two years imprisonment.

Advocate Michael Preston, appearing for both Mr Donnelly and for Mr Wateridge, applied for leave to appeal on the grounds of abuse of process. In the case of Mr Wateridge, Advocate Preston claimed the jury should have been discharged because of the late disclosure of emails between two complainants. Advocate Preston’s application for leave to appeal against Mr Wateridge’s sentence cited his age, his low-risk of reoffending and his ill health. For both men, their lawyer claimed the jail terms handed down had been “manifestly excessive” – a claim rejected by the Court of Appeal.

In a judgement lasting 45 minutes the Court of Appeal panel said they were satisfied that both men had received fair trials and therefore their convictions and sentences stood.

Notes to Editors
1. The text of the full judgement will be available to view on www.jerseylaw.je the week commencing 25 January 2010.
2. Further details about Jersey’s judicial processes can be found on www.jerseycourts.je

After two trials Mr Donnelly was convicted on 18 June 2009 of five counts of rape, 13 counts of indecent assault and one count of procuring an act of gross indecency. He was sentenced to 15 years imprisonment on 21 August 2009.

Mr Wateridge was convicted on 20 August 2009 of 11 counts of indecent assault and one count of common assault. He was sentenced on 21 September 2009 to two years imprisonment.

The two appellants will be represented by Advocate Michael Preston. The prosecution will be represented by Crown Advocate Stephen Baker.

The sentencing hearing was held on Thursday 3 December 2009 and Mr Warren viewed the proceedings via video-link from HMP Belmarsh – the first time this has happened at the Royal Court of Jersey.

The defendants, who appeared before the Superior Number of the Royal Court presided over by the trial judge Sir Richard Tucker, were each represented by their counsel and the Court heard a summary of the case from Crown Advocate Howard Sharp.

The sentences handed down were:

• Curtis WARREN – 13 years
• Jonathan WELSH – 12 years
• James O’BRIEN – 10 years
• Jason WOODWARD – 5 years
• Paul HUNT – 5 years
• Oliver LUCAS – 5 years

Apart from Mr Warren, who is serving his term in HMP Belmarsh – the rest of the defendants are currently in La Moye prison in Jersey.

The trial of Curtis Warren, Jonathan Welsh, James O’Brien, Jason Woodward, Paul Hunt and Oliver Lucas began in the Royal Court, St Helier, on 16 September 2009.

All six defendants were indicted on one count, that between 1 May 2007 and 23 July 2007 they conspired together and with others to import a controlled drug, namely cannabis resin into the Island of Jersey.

The conspirators in the £1 million plot were kept under surveillance by the police using bugging equipment in hire cars and telephone kiosks. The six men drew up plans to bring drugs from Amsterdam via Port Bail in France and then by boat to Jersey.

Sentencing of 46-year-old Warren, Jonathan Welsh, who is 43 and from Liverpool, 45-year-old James O’Brien, from Glasgow; Jason Woodward, 22, from Dartford; and Paul Hunt, 27, and Oliver Lucas, 23, both from Jersey will take place on 4 December by the  Superior Number of the Royal Court .

The trial judge was Commissioner Sir Richard Tucker.

Mr Wateridge was convicted at the Royal Court of Jersey of eight counts of indecent assault against three females and one count of assault against a male. These counts relate to offences that took place at the Haut de la Garenne children’s home in the Parish of St Martin in Jersey in the early 1970s where he was a house parent.

In announcing the sentence, the judge, Sir Christopher Pitchers, who was sitting with Jurat P J de Veulle OBE and Jurat J C Tibbo, said: “Mr Wateridge’s actions have rightly been described as sexual bullying. There is no such thing as a trivial sexual assault on a child. The children in care at the home were entitled to expect care, love and kindness and instead they received sexual bullying and unkindness.”

Mr Wateridge was sentenced to 21 months for the sexual assaults and three months for the assault. The sentences run consecutively.

In the Royal Court today Mr Wateridge was also sentenced on four counts of firearms offences. Mr Wateridge had previously pleaded guilty to these offences. Commissioner Sir Christopher Pitchers stated he would not impose a set penalty but ordered the forfeiture and destruction of the firearms. These counts are not related to the assault or sexual assault counts.

All six defendants were indicted on one count: between 1 May 2007 and 23 July 2007 conspired together and with others to import a controlled drug, namely cannabis, into the Island of Jersey.

This Assize Trial, being heard before a jury, is scheduled to last approximately four weeks.

Commissioner Sir Richard Tucker is presiding.

In the first trial which ended on 21 May 2009 he was convicted at the Royal Court of Jersey of one count of rape and three counts of indecent assault against a girl aged between 12 and 13 years old. These offences took place in Jersey between 1980 and 1982.

In the second trial which concluded on 18 June 2009, 69 year old Donnelly was convicted at the Royal Court of Jersey of 10 counts of indecent assault, four counts of rape and one count of procuring an act of gross indecency. The counts relate to offences that took place in Jersey between 1968 and 1973 against a girl aged between eight and 14.

Donnelly was sentenced on Friday 21 August 2009 by a Superior Number of Jurats who agreed with the Crown Advocate Stephen Baker that the defendant should be sentenced for each of the counts of which he was convicted and that these terms should run concurrently – leading to a 15 year prison sentence.

In announcing the sentence, the judge Sir Christopher Pitchers, said these were very serious offences and that aggravating circumstances were the repeated offences and the abuse of trust.

These offences relate to the States of Jersey Police historic child abuse investigation and not to alleged offences at Haut de la Garenne children’s home.

Notes to Editors:
1. All terms to be served concurrently:
Trial One
Rape – eight years
Indecent assaults – three years each
Trial Two:
Rapes – 15 years each
Indecent assaults and procuring an act of gross indecency – six years each

2.  The judge was Commissioner Sir Christopher Pitchers.
3. The prosecution counsel was Crown Advocate Stephen Baker.
4. The defence counsel was Advocate Michael Preston.

The jury, made up of 10 men and two women, convicted Mr Wateridge of nine out of 21 counts against which he was charged.

He was found guilty of eight counts of indecent assault and one count of assault. He was found not guilty of 11 counts of indecent assault and one count of incitement to indecent assault.

After the jury had delivered their verdicts on all 21 counts, the judge Commissioner Sir Christopher Pitchers, told Mr Wateridge that a custodial sentence is likely as Mr Wateridge had held a “position of trust” at the former children’s home.

The counts relate to offences that took place at the Haut de la Garenne children’s home in the Parish of St Martin in Jersey in the early 1970s where Mr Wateridge was a house parent.

Sentencing is likely to take place in September.

The appointment of Mr Birt, who used to be the Deputy Bailiff, was approved by the Queen on the recommendation of the Lord Chancellor and the Secretary of State for Justice. Mr Birt, 60, replaced Sir Philip Bailhache, who retired on 30th June.

Born in England, Mr Birt moved to Jersey when he was three years old. He was called to the English Bar in 1970 after graduating from Cambridge and practised in England as a barrister until 1975.
He returned to Jersey in 1976. He qualified as an Advocate in Jersey in 1977 and was appointed Crown Advocate in 1987. In 1994 he was appointed to the office of Attorney General of Jersey, and became a QC in 1995. In February 2000 he was appointed as Deputy Bailiff of Jersey.

Mr Birt said:
“I am very honoured to have been appointed as Bailiff in succession to Sir Philip.  It is an ancient office which carries with it great responsibilities.  I shall do my best at all times to serve the community and the best interests of the island.”

The Bailiff of Jersey has three main official duties. He presides over the Royal Court in Jersey and is President of the island’s Court of Appeal. The Bailiff of Jersey is the President of the States of Jersey (the island’s legislature) in which role he determines procedure, and acts in the same capacity as the Speaker of a Parliament.

The role of Deputy Bailiff will be taken on by William Bailhache QC when he is sworn in on 2 November 2009. Mr Bailhache is currently the island’s Attorney General.