Darius J. Pearce
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|
Darius Pearce | |
|---|---|
 2024 Promotional photo | |
| Municipality of St Helier, Jersey | |
| In office December 2004 – December 2008 | |
| Constituency | St Helier, Jersey |
| Majority | Unopposed |
| Personal details | |
| Born | 23 February 1972 City of London |
| Political party | Centre Party |
| Occupation | Author, company director, political activist |
| Website | https://www.dariuspearce.com/ |
Darius James Pearce (born 23 February 1972) is a Jersey author, businessman and political activist who was sentenced to 7½ years inprisonment in 2021 for money laundering.[1]
Early life and education
[edit]Pearce was born in the City of London. He was educated at De La Salle College, Jersey. In 1997 he graduated from the University of Plymouth, where he read politics and criminal justice.
Political life
[edit]Darius Pearce first became politically active in November 2005. As a leading member of the Centre Party (Jersey), he stood for Deputy in St Helier 3 and 4 districts, where each voter casts four votes. He polled 459 votes (26.6%).[2] Subsequently, he was one of the founding members of Progress Jersey, a charity and pressure group whose aims include to encourage electoral turnout and voter knowledge. He served as treasurer, until his resignation in May 2007.[3] He was editor of Parish Matters, a quarterly newsletter for residents of the Parish of St Helier.[4]
He was elected to the municipality of the Parish of St Helier in December 2005 serving as a roads inspector for the Roads Committee and as a member of the Constable's Accounts Committee. He was active in age of consent debates on sexual offences, and the effects of their interpretations in local law, European law and international law.[5]
He is notable as a representative who sought to ensure that human rights implications of policies formed part of debates.
Political activity
[edit]Pearce has made submissions to various Scrutiny Panels. This includes a submission regarding Jersey's tax changes, in 2005 he noted that the EU would oppose the tax changes that the Jersey government subsequently introduced. In 2009 the EU duly noted their objection to the revised tax codes adopted by Jersey. He also presented the idea of a Business Premises Tax, which was adapted into the "Blampied proposal".[6][7]
Abuse of trust
[edit]As a founder member, he has worked for Progress Jersey on a number of key issues including submissions made and accepted regarding the introduction of Abuse of Trust legislation, the review of changes to Jersey Taxation, Social Housing, Civil Partnerships, Legitimacy Laws and Overseas Aid. He was responsible for the withdrawal of the initial proposition to lower the age of homosexual consent, this was later passed once the Abuse of Trust provisions were added to the amendment.[8][9]
No disorderly conduct offence
[edit]In 2007, he was involved with the successful campaign against the proposed Crime (Disorderly Conduct and Harassment) law, which was withdrawn amidst fears that it extended police powers too far.[10]
Reform of Jersey legitimacy laws
[edit]Pearce made a submission to Jersey scrutiny on behalf of Progress Jersey highlighting the inconsistency of the Legitimacy (Jersey) Law 1973, as amended with the position of Jersey as a signatory to the European Convention of Human Rights.
The proposition was accepted by scrutiny in June 2006 and the matter referred to the Legislation Committee. In January 2007, following the introduction of the Human Rights (Jersey) Law 2000 a case was brought before the Royal Court by a local lawyer who claimed that her illegitimate child was being discriminated against as he could not take the name of his father and that the fatherhood was not allowed to be recorded. In June 2007 as part of her announcement to step down from office, the Home Affairs Minister Wendy Kinnard indicated that it was her intention to bring a change to the Legitimacy Law.[11]
In January 2008 the States of Jersey voted to introduce DNA tests where paternity of a child was contested,[12] and Kinnard publicly stated that she supported the introduction of the right of unmarried parents to name their child after the father.[citation needed]
Political corruption exposed
[edit]Pearce raised the issue of favourable/discriminatory taxation rates being offered by members of the Saint Helier municipality.[13]
Bringing party politics to Jersey
[edit]He is also a member of the UK Conservative Party and has expressed a desire to foment stronger links with the United Kingdom Conservative Party.[14] A spokesman for the UK Conservative Party stated that Mr. Pearce, whilst not yet an official representative of the Conservative Party, had approached the party expressing an interest in re-establishing the Channel Islands branch of Conservatives Abroad and that he had been invited to talks in London.[15] In July 2007, Pearce announced that the Jersey Conservative Party would be established in opposition to the incumbent government.
Party name on ballot paper
[edit]Following the Jersey Evening Post coverage of the idea of the Jersey Conservative Party, Pearce submitted a complaint to the Press Complaints Commission citing eighteen significant inaccuracies or misleading statements. The matter was resolved through mediation following the expansion of the debate on the importance of political parties in the revised Jersey constitution and an assurance from the JEP's editor of fair treatment in future.[16]
The matter added to the pressure that eventually led to the introduction of party names on Jersey ballot papers.[17]
Exposing aggrandisement of Frank Walker
[edit]The Jersey Evening Post reported that he made an accusation that photos picturing Senator Frank Walker with Gordon Brown and Ian Paisley were faked to insert Senator Frank Walker in a letter to Gordon Brown.[18] Progress Jersey reports described the photo as simply suspicious,[19] they further indicated that no letter had been sent.[20] The Jersey Evening Post subsequently published the full photograph which clearly showed Frank Walker stood some distance apart from Gordon Brown although from an angle and carefully cropped it could be made to appear that they stood side to side. Pearce subsequently explained that the Jersey Evening Post had been overly quick to defend their conduct if they had not try to mislead the people of Jersey to the importance of Frank Walker[21] but expressed concerns with regard to a bias in the paper in favour of former managing director and then Chief Minister Frank Walker based on e-mail correspondence with the Chief Minister and the editor of the JEP, Chris Bright.[22]
Shortly afterwards Darius Pearce along with and Stuart Syvret became the latest opposition politicians who were subjected to criminal proceedings.
Political dissident
[edit]Not Guilty
[edit]Pearce was initially arrested in October 2007 and imprisoned for 31 days on charges of which he was later cleared at trial. He subsequently received an amount in compensation which is subject to a non-disclosure agreement. Following this action Pearce's efforts to improve the community of Jersey through political means ceased and he turned to the law as a means of fomenting change.[citation needed]
Pearce nominated Steven Levy for senator in the 2016 by-election, indicating that he was an ideal candidate for the task.[23][time needed]
Legal challenges to goods and services tax
[edit]Between 2013 and 2019 he was involved in court proceedings regarding the unlawful application of the Goods and Services Tax ("GST") to rental payments on properties owned by the Public of the Island of Jersey, to the application of GST to money, particularly in the form of gold and silver bullion and coins. In 2019 a total 34 proceedings relating to various alleged offences were instigated and then dropped against him, he plead guilty to a single charge of parking for a period exceeding the limit and was fined £10.
Guilty of conduct not clearly set out in the court judgement
[edit]In December 2020, he was found guilty after a six day trial of three offences of 'entering into or becoming concerned in an arrangement, which he knew or suspected facilitated by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person' contrary to Article 30 (3) of the Proceeds of Crime (Jersey) Law 1999.[24] He was sentenced to a term of imprisonment of seven years and six months. In September 2024 a hearing of the Court of Appeal of Jersey stated that the judgement of the Royal Court had not set out any detail of the offences and that hearing proceeded on the basis that the three arrangements which constituted the offences had a total value of £7,000.[citation needed] Such an amount would generally attract a non-custodial sentence.[25]
Outstanding appeals
[edit]As of November 2024 the following related proceedings are pending: an application to the Judicial Committee of the Privy Council against the convictions and sentences; an application to the Lieutenant Governor of Jersey for a further hearing before the Court of Appeal of Jersey in respect of a breach of Article 6 in that the Bailiff of Jersey both issued an erroneous search warrant and then also sat twice as a judge on appeal against decisions related to that search warrant; four applications for judicial review of various decisions made by various government departments.[citation needed]
Pearce's intention is to institute the reform of the office of Bailiff of Jersey, to separate the powers and thereby ensure that this breach of Article 6 cannot happen again. [citation needed] This has previously been required by the case-law of European Court of Human Rights, but has been resisted.[26]
Business Activity
[edit]He was appointed trustee of a family trust in 1998. In 2000 he qualified as an accountant. He was appointed to directorships in companies in Jersey involved in online marketing, fulfillment and accountancy.
Author
[edit]On 21st October 2011 Pearce commenced his blog, Jersey Libertarian, heavily influenced by the Libertarian movement in the United States, on which he turned out a steady stream of scathing social commentary, criticism of government policy, and philosophical, political and economic writings.[27]
In 2022, Pearce was awarded best newcomer in the 2022 Koestler Awards short story competition.[citation needed]
In 2024, he launched a new blog.[28]
References
[edit]- ^ "Money launderer jailed for 7½ years". Government of Jersey (Press release). Retrieved 11 November 2024.
- ^ "Jersey - About Jersey - Election Results Live". BBC.
- ^ "Progress Jersey blog".
- ^ "Parish of St Helier". Parish of St Helier. Archived from the original on 17 April 2007.
- ^ "Age of Consent Review" (PDF). States Assembly. 28 March 2006. Retrieved 10 May 2023.
- ^ Confirmation of the "Blampied proposal"[permanent dead link] as an issue: States Assembly question and answer, States of Jersey: Your Government Online website.
- ^ Parish Matters meet the team
- ^ "Jersey - In Your Words - Lobby your States Members". BBC.
- ^ "Progress Jersey on the Abuse of Trust Provision".
- ^ Crime (Disorderly Conduct and Harassment)[permanent dead link], initial approval, 3 November 2006: Decisions, States of Jersey: Your Government Online website.
- ^ "unknown article title". Jersey Evening Post. 1 June 2007.
- ^ Compulsory DNA testing in Jersey, in proving parentage: Citizens Advice Bureau, Jersey. Retrieved 28 February 2008.
- ^ "Probe into rates at Liberty Wharf Launched". Jersey Evening Post. 25 July 2011. Archived from the original on 13 September 2012. Retrieved 3 August 2011.
- ^ unknown article title, Jersey Evening Post, 21 May 2007.
- ^ "Conservative Party seeks to establish links with Jersey". Jersey Evening Post. 24 May 2007.
- ^ "The 'fake photo' saga".
- ^ Proposition for registration of Political Parties in Jersey Proposition for a register of political parties at the Wayback Machine (archived 28 September 2007): Retrieved 27 July 2007.
- ^ "JEP merely cropped photo". Jersey Evening Post. 20 July 2007.
- ^ [1][permanent dead link]| Frank Walker struggling to get in shot with PM]: Retrieved 20 July 2007.
- ^ [2][permanent dead link]| Just how much editorial control does Frank Walker still have over the JEP]: Retrieved 20 July 2007.
- ^ "Why so defensive?". Archived from the original on 27 September 2007.
- ^ It was uncovered that the photo had been taken using an extreme zoom on the lens to make it appear as though Frank Walker had been standing with the notable persons when in fact he was standing in a crowd behind. |title=Just how much editorial control does Frank Walker still have over the JEP[permanent dead link]: Retrieved 20 July 2007.
- ^ Ocean, Stevie (15 August 2016). "Stevie Ocean Establishment Candidate" (Interview). Darius Pearce – via YouTube.
- ^ Proceeds of Crime (Jersey) Law 1999.
- ^ "Sentencing Guidelines".
- ^ "McGonnell v United Kingdom". 12 September 2021.
- ^ "Jersey Libertarian Blog".
- ^ "Through Deserts Blog".