Jersey has its own Yaniv

[Popchyk]

A former taxi driver, finally sacked after dozens of complaints.

This person then appealed to the courts. The court dismissed their appeal.

Link to the legal judgment:

www.bailii.org/cgi-bin/format.cgi?doc=/je/cases/UR/2019/2019_133.html

Long document, but some highlights:

"Mr Forrest [the former employer] sets out the history of complaints received from members of the public in respect of the conduct of the Appellant, which involved, in the main, being ejected from the Appellant's taxi and being subjected to abuse for misgendering her. Complaints were received on 19th September, 2017, 16th October, 2017, 18th November, 2017, 7th December, 2017, and 20th July, 2018 leading up to the 5th September, 2018, suspension and, of course, the seven complaints that followed as detailed above. There seems to be no dispute as to the Appellant ejecting passengers in this way, and indeed, she has produced video footage showing her doing just that".

Former taxi driver's defence:

(i) The suspensions of 19th August, 2016, and 4th January, 2018, were spent. The validity of the suspension of 5th September, 2018, was (then) before the Court. The Appellant had complied with the Code of Conduct issued by DVS and it was others who started the conflict.

(ii) The Code had not been updated for some time, and was not complied with by other taxi drivers.

(iii) She was the object of victimisation. She was not treated like everybody else, and was used as a social guinea pig, a target for other people's problems.

(iv) Mr Forrest [former employer] was abusing the fit and proper status and should be sending himself to a psychiatrist, as he too could be transgender. The Appellant would be interested in seeing his psychiatric report.

(v) Her pet dog, who has a smaller brain, was not cruel in the way others were in Jersey, treating her so badly; she could see the hate when they were misgendering her, which causes her distress.

(vi) She had said nothing offensive to passengers - it was what they said to her that was the problem; in most cases, misgendering her.

The judge threw out the taxi driver's appeal.

The taxi driver in question was in the media in 2016 for taking legal action to force Condor ferries to remove the words Ladies and Gentlemen from their toilets.

www.mirror.co.uk/news/uk-news/transgender-ferry-passenger-left-completely-8050878

Same person took legal action against an animal surgery on the island for transgender discrimination.

www.jerseylaw.je/judgments/tribunal/Pages/%5B2017%5DTRD225.aspx

Legal action against an A and E doctor for misgendering.

www.bailiwickexpress.com/jsy/news/heated-email-exchanges-see-transgender-islanders-doctor-discrimination-claim-struck-out/#.XVcCAOhKiUk

Waxers in Jersey beware.

As a tax haven for the wealthy, my assumption is that there will not be a body of achingly woke people in Jersey enabling/ignoring this kind of deranged crap. We can only hope.

That was one episode of Bergerac I should have liked to see.

Oh, and another one where the complainant sued the Jersey Society for the Protection of Cruelty to Animals, where the complainant worked before being sacked. For transgender discrimination again.

Was awarded £200 that time, but looks like all the other legal cases were eventually chucked out.

www.bailiwickexpress.com/jsy/news/jspca-animal-ambulance-driver-claims-200-injury-feelings/#.XVcFfOhKiUk

Her pet dog, who has a smaller brain, was not cruel in the way others were in Jersey, treating her so badly; she could see the hate when they were misgendering her, which causes her distress.

I am very confused.

The complainant is saying that their pet dog gets very upset when people misgender this person. Despite having a smaller brain than humans, the dog is much kinder than the hundreds of people on Jersey who have misgendered this person.

And yep, the complainant did actually include that in their written submissions.

Barbara: 'I could 'av you under the Sex Discrimination Act!'

Taxi customer: 'I could have you under the Trades Descriptions Act!'

League of Gentlemen hilarity 😀

The pet dog thing....just

Babs from the League of Gentlemen was fictional comedy. Right?

The first link to the legal judgment in the OP is worth reading. It is long though.

Makes Yaniv's behaviour at the Vancouver Human Rights Tribunal look positively restrained.

Well well I saw this from the complainant

Does your letter mean I am on Santa's naughty list and he will not visit me this year! I am disgusted at the unreasonableness of you raising a week before Christmas."

In the most recent complaint in respect of your behaviour, received by the DVS on 20 December 2018, you took offence at your female passenger asking you a perfectly benign question whether or not you accepted payment by card. You immediately responded in a rude, unhelpful and aggressive manner and when she asked you to stop the conversation, the manner of which was clearly upsetting her, you stopped the taxi-cab and ordered her out. The passenger refused as she had heavy shopping and it was raining, you then told her to "zip it". She described you as being angry, abusive and hostile. The conversation continued, you stopped the car a second time on Mont Millais and told her to get out again. The passenger again refused and your response was to order her to "zip it then, do you understand?" When you reached the destination it transpired that your card terminal was not working and you demanded the passenger's credit card to process the payment on your phone, without offering a proper explanation to the passenger as to what you were doing and how the payment would be processed. The female passenger was eventually reduced to tears, saying that 'By this time I was shaking, crying and in stunned shock' and the following evening when she missed her bus, she was too anxious and upset to get a taxi such was the effect you had on her the previous evening. Such aggressive and abusive behaviour towards a member of the public is totally unacceptable.

And

"In addition to the suspensions which you have incurred during the past three years, and despite such warnings, you have repeatedly sent verbally abusive emails to the DVS (principally my Senior Traffic Officer) as well as to other officers of the States of Jersey and the Law Officers' Department. Your suspension in September 2018 was partly due to your unacceptable voicemail outburst to the DVS: 'I don't want to deal with your department ever, ever again because your department disgusts me in every kind of possible way. You are a filthy disgusting, terrible department'.

The Law Officers' Department have also provided me with a litany of abusive emails that you have sent them during the course of the litigation regarding your suspension in September, whereby you deliberately address a male advocate as 'Ms', refer to releasing your bowels, use terms such as 'paedophile' and 'vagina', and ask 'how would like someone to knock on your office door and ask 'Have you still got your willy?' and 'Does the Bailiff wait for you to return from the toilet so he can carry on working?'.

When previously questioned about the manner of your correspondence, you have shown no remorse, and have stated that you enjoy the battle with the DVS. You have offered no comfort that this behaviour will cease going forward, despite having been given numerous opportunities to rectify it. I quote from my letter to you dated 5th September, 2018, when a final opportunity was afforded by me:

'In my opinion, there is enough evidence for me to propose to the Minister that he revokes both your licence and badge, however I prefer to afford you a final opportunity during the period of suspension to reflect on your behaviour and to convince me that going forward you are capable of meeting the standards required to continue as a PSV licence and badge holder.'

And for these and other reasons they decided they were not a fit and proper person suitable of being a taxi driver.

Naturally this is transphobic.

Omg omg just how di£ that person get the time to raise all these affidavits

Waxers in Jersey beware.

I don't know about beware: more: run screaming.

What I can't understand is after so many complaints, so much abuse, so much defamation, such appalling behaviour, all they are doing is taking the badge away.

What a horrendous person.

That was one episode of Bergerac I should have liked to see.

This would be in the running for my best ever comment on MN award.

Ms Bisson sued an A&E Doctor in 2017 for accidentally calling her Mr. T

www.bailiwickexpress.com/jsy/news/heated-email-exchanges-see-transgender-islanders-doctor-discrimination-claim-struck-out/

www.jerseylaw.je/judgments/tribunal/Pages/[2017]TRE203.aspx

www.bailiwickexpress.com/jsy/news/jspca-animal-ambulance-driver-claims-200-injury-feelings/#.XVcFfOhKiUk

My perceptions are now so warped by this shit that the first time I read that I thought the URL said ballswaxexpress.com

That was one episode of Bergerac I should have liked to see.

It would explain what drove him to drink.

I bet Charlie Hungerford is involved. He was always connected somehow.

Makes Yaniv's behaviour at the Vancouver Human Rights Tribunal look positively restrained.

To be fair I think Yanivs behaviour in the HRT has already been eclipsed by mother Yaniv.

Mockers wins the Internet for me today

The Appellant asserts that the decision to revoke is based entirely on her gender, and has been made by persons of the opposite gender, which she says makes it discriminatory and sexist. There is no evidence to support this assertion and we reject it.

This is DARVO, ATH-style. Action For Trans Health (ATH) under Jess Bradley demanded the release of all trans prisoners. Apparently they haven't been jailed for criminal acts, they are jailed for being trans[1]. Appellant asserts that appellant wasn't banned for being an abusive PoS but was banned for appellant's "gender", which is similar to the ATH narrative of "imprisoned for being trans".

The DARVO pattern here is:

• Offender offends, whether it's the appellant in this case or a criminal in the ATH scenario.
• Offender denies offending.
• Offender, or offender's proxy e.g. ATH, accuses victim and anyone acting in the victim's interests, like the court or prison service , of transphobia.
• Offender or their proxy uses transphobia accusation to reverse victim and offender roles.

It's really important that we recognise this common DARVO pattern and we recognise where organisations are being created or co-opted to DARVO for trans people who have offended, like ATH, and anything else that Bradley has been involved with since, such as TELI. These orgs exidt to enable male offending, not to defend trans rights.

[1] This assertion being a racist co-option of the school-to-prison pipeline and prison industrial complex narratives surrounding racism in the criminal justice system in the US, which does have truth to it because US prisoners work for very low pay, so pipelining Black people into jail is a way of continuing to have the low-cost Black labour that should have ended with the abolition of slavery. Trans people do not have that historic context of chattel slavery and are not pipelined into jail in this way.

[1] This assertion being a racist co-option of the school-to-prison pipeline and prison industrial complex narratives surrounding racism in the criminal justice system in the US, which do have truth to them [the S2P and PIC narratives] because US prisoners

I need to stop posting from my phone because I don't clock these grammatical errors during preview.

To be fair, this serial litigant is more like the lawyer than the ballwaxerwanter. This is my favourite case:

www.jerseylaw.je/judgments/tribunal/Pages/[2017]TRD225.aspx

Huh! This sounds awfully like a really nasty poster (almost a troll) on the much-missed BBC Radio 4 Woman's Hour messageboards. He hailed from Jersey, and was weird.

Don't know if anyone here who used to post on the Women's Hour MB remembers "Jerri" or "Le Crapaud" ? I wonder if this is him ... sounds just like him.