I think in principal Mr Pitman’s point is a valid one. The same laws apply to all candidates and they should therefore be policed the same for all candidates regardless of who they are and their political views.
However I would say that one witness statement a case does not make. If that is all the police have against this other candidate then there is no basis for which they could mount a successful prosecution as they would need some form of corroboration in order to make their case. Either further witnesses (which they appear to have in respect of Deputies Pitman and Southern), or an admission from the candidate in question (which again they have in respect of Deputies Pitman and Southern). Without such corroboration then all it amounts to is a single person claiming one thing and the candidate presumably denying it (be interesting to know who the candidate is and their views though). One person’s word against another person’s word. Given the basis of proof required is beyond all reasonable doubt, no prosecuting authority is going to take up that case, or at least they shouldn’t as there is no prospect of winning the case.
A witness statement is far from proof – it is exactly what it says it is, a statement recorded from a single individual. To get a case you need more. Probably a lot more.
It is therefore difficult to form any real opinion on the matter that Trevor Pitman is making, apart from the fact that what he claims is proof clearly isn’t, and therefore he is overselling his position somewhat. At the moment on that basis it just appears to be mud in the water and if he wants to convince me otherwise, I would need some corroboration, as well as more information on the reliability of the witness in question. Regardless it makes no difference to what should occur in respect of Deputies Pitman and Southern and I’ve previously expressed my view that they should be prosecuted for this deliberate breaking of the election law and also that there will ultimately have to be a re-election in that district. I won’t repeat my full post as it was in a thread that ended up being locked (supposedly until after the Magistrates Court appearance – MODS can we get that post back now given we are now purely awaiting sentence?)
I would however support the notion that if a case can be brought against any other candidates then it should be brought as well. My view on the position of candidates who knowingly and deliberately break the very laws that they wish to sit in the states and debate is not altered by who they may be.
--- GATTAC ---
Thread mentioned above put back for general discussion.
http://planetjersey.co.uk/forum/index.php?topic=1727.15