Lawfare

Summary

The Pitcairn Trials – Episode: Lawfare

Podcast: The Pitcairn Trials, Always True Crime
Date: July 6, 2026
Host: Luke Jones

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Overview

In this gripping episode titled "Lawfare," Luke Jones delves into the legal and political turmoil on the remote British island of St. Helena following the scandal of surgeon Dr. Sergio Villatoro Bran. The focus is on how the government and legal system have handled (and arguably obstructed) efforts by victims seeking justice and compensation. Through in-depth field reporting, interviews, and on-the-ground accounts, the episode illuminates the complex power dynamics, new restrictive laws, and the battle for accountability in a tiny, close-knit community grappling with the aftermath of systemic medical harm.

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Key Discussion Points & Insights

1. The Setting: St. Helena’s Small, Insular Community

• Luke sets the scene at Plantation House, residence of the Governor, with quirky details about Jonathan, the world's oldest tortoise, before transitioning into the gravity of the Dr. Sergio scandal. (02:24–03:43)
• Local infrastructure challenges: E.g., lack of a postal system complicating legal outreach. (05:50)

2. The Dr. Sergio Scandal – Scope and Complications

• Hundreds affected: Solicitor Ruth Booth represents around 145 potential victims, many of whom allege serious harm from Dr. Sergio.
• Scale and impact: Dr. Sergio operated on about 600 of the island’s 4,000 residents, compounding the island’s vulnerability.

3. Organizing Claims: Logistical and Legal Hurdles

• No proper mail system: Letters about compensation had to be hand-delivered, with locals like taxi drivers personally knowing every address. (06:14–06:20)
• Government’s financial fears: Mounting worries that compensation and related care could bankrupt the island (which relies heavily on UK aid funds). (06:40–07:29)

4. Victims Blamed; Government’s Public Messaging

• Victims feel scapegoated: Both rumors and official statements suggest claimants would “drain St. Helena” financially.
  • Quote: “Someone said to us, oh you know you're gonna drain St. Helena, all you're doing is you want the money…” – Rita, Savannah's mother (07:29)
  • Quote: “St Helena as a whole will face extreme financial vulnerability.” – Rita quoting government messaging (08:09)
• Perceived callousness: Newspaper editor Vince criticizes government’s “two-faced” and “heartless and money orientated” approach. (08:14–08:28)

5. Legal Maneuvering: Restricting Victims’ Options

• Initial cooperation sours: Negotiations between the victims’ lawyers and the government break down when the Attorney General intervenes, presenting a "take it or leave it" settlement format. (09:41–09:54)
• Sudden legal review: Chief Justice opens a consultation on who can serve as a solicitor, potentially undermining access for UK lawyers.

Notable Quote

"It felt a bit like an ambush pincer movement, the aim of which appeared to be to either drastically reduce or prevent our ability to practice law.”
– Solicitor Ruth Booth (10:40)

• Governor’s direct intervention: Confidential letter from Attorney General Ballantyne to Chief Justice aims to limit government’s litigation costs. (11:08–11:59)

Notable Quote

"It was just outrageous that a defendant... was writing to the judge directly and secretly, not publicly telling him what judgment he wanted him to give...”
– Solicitor Ruth Booth (12:28)

• Attorney General resigns: Position called "untenable," but resignation claimed not to be related to the controversy. (13:52–14:01)

6. The Law Changes: Blocking Justice via “Ordinance”

• A sudden, secretive bill: Just before elections, the government pushes through an “urgency” law requiring all claimants to use a local legal aid office and capping legal fees, effectively shutting out external solicitors and invalidating existing no win, no fee agreements. (18:00–20:37)

Notable Quote

“It's a total block on access to justice. Honestly Luke, I can't even, I can't put into words the outrage. It's just such a massive abuse of power and so obviously directed at all those people who wanted to bring claims...”
– Solicitor Ruth Booth (18:17)

• Complex new requirements: Multiple bureaucratic hoops; claimants must exhaust local legal aid options before seeking outside help, fee caps make external help unviable. (19:13–21:21)

Notable Quote

"So effectively it means it's a massive obstacle, a fundamental obstacle to obtaining legal advice and access to justice."
– Solicitor Ruth Booth (21:21)

7. Community Backlash, Silence, and Apathy

• Town Hall tension: Victims, their families, and a handful of agitated foreigners debate government accountability. (16:12–18:00)
• Political confusion and regret: Deputy Speaker and claimants blame lack of proper guidance, with some councillors feeling “duped.”
  • “I wouldn't say they're angry, but Kathy is.” – Councillor Ronald (23:20)
• Lack of UK government support: Frustration is voiced at Westminster’s apathy. (23:33–23:46)
• Journalistic stonewalling: Jones is refused interviews by nearly every official (Governor, Chief Ministers, Chief Secretary), with staff pointedly avoiding comment “because of ongoing litigation.” (26:12–29:43)

Memorable Interactions

• Confrontation with government officials: Jones is rebuffed in his attempts to secure accountability or comment.
• Suppressing dissent: Public servants are instructed not to speak to journalists, a move criticized as antithetical to open democracy. (31:30–33:15)

Notable Quote

“So basically it's very difficult to have a decent debate because half the population can't answer. They have opinions, but they can't view their opinions.”
– Rita, Savannah’s mother (33:54)

8. The Ongoing Fight for Justice

• Judicial review launched: Ruth Booth, claimants, and the Human Rights Commissioner challenge the new law as unconstitutional and an obstruction to justice.
• Continued stonewalling: Officials avoid questions, with ordinary “saints” (islanders) receiving warnings not to cooperate with journalists.

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Notable Quotes and Moments (with Timestamps)

• Rita (Savannah’s mother):
  • “So what about her suffering? What about in the next 10 years? She can't work, you know what's going to happen to it.” (07:45)
• Solicitor Ruth Booth:
  • “If we do manage to get these saints compensation, it's only fair that we should be paid... It's a risk that we've been prepared to take since November of 2022.” (08:41–09:14)
• Vince (Newspaper Editor):
  • “Oh, no, it's totally conspiracy. It's now definitely self preservation and conspiracy for certain personalities within the government...” (24:25)
• Luke Jones:
  • Multiple instances of officials evading questions, closing doors, or refusing to comment—capturing the atmosphere of institutional defensiveness and opacity. (26:22–29:25; 34:45–35:25)

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Timestamps for Key Segments

• Postal and logistical challenges: 05:50–06:20
• Victims feeling blamed; government’s poverty defense: 07:29–08:14
• Negotiations falter; legal restrictions proposed: 09:41–11:08
• Attorney General’s secret letter: 11:08–12:28
• Fee caps and legal barriers imposed: 13:06–21:21
• Town Hall and legal changes explained: 16:12–18:17
• Law passes; outrage over new legal obstructions: 18:17–21:21
• Councillor and Deputy Speaker reflect on confusion and regret: 21:51–23:33
• Stonewalling by government officials: 26:12–29:43
• Wider suppression of public servants and debate: 31:30–33:54
• Final confrontations with government; continued lack of accountability: 34:45–35:25

---

Conclusion

"Lawfare" offers a sobering, in-depth look at how small-island politics, limited resources, and government self-preservation converge to block injured citizens’ access to justice following a public medical scandal. The episode is both a meticulous exploration of legal setbacks for victims and a larger meditation on the dangers of unchecked power in isolated communities. With the government stonewalling at every level, the embattled survivors and their advocates prepare for a crucial legal showdown, hoping the courts might restore what elected officials have denied them: a route to fairness and accountability.

---

The next and final episode promises to pursue the fate of Dr. Sergio and the outcome of this pivotal legal battle.

Transcript

[Podcast Host]

We'll get back to your true crime story in just a moment. This podcast is part of the Always True Crime Network, home of thousands of episodes exploring gripping true crime cases. If you're looking for somewhere to start, check out our recent investigative series, Project Mind Control. It uncovers a chilling chapter in history, examining the disturbing experiments carried out on vulnerable people in an attempt to erase and reprogram the human mind. Featuring testimony from one of the last known survivors of a notorious Canadian psychiatric institution, it's a powerful story that's as shocking as it is important. Check out the show and more@always truecrime.com.

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[Nancy Hixt]

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[Luke Jones]

This is the surgeon of St. Helena. Hi I'm Luke Jones and this is an extremely old tortoise having lunch.

[Luke Jones (field reporter)]

If you want to find out who is in charge on this island, you've got to come to what's called Plantation House. Quite a gorgeous big old colonial style mansion.

[Luke Jones]

We've just come down some beautiful steps

[Luke Jones (field reporter)]

onto a lawn where there is a tennis court. Looks slightly battered. This is the home of the Governor who is the very top of the

[Luke Jones]

tree in terms of government on Ireland

[Luke Jones (field reporter)]

they are the British representative on Ireland. Current occupant is Nigel Phillips, but most people come here not to meet him. Actually to meet the oldest resident on the island and actually the oldest terrestrial animal on earth still living, which is this guy Jonathan.

[Local Resident]

Oh, we feed him of lettuce and vegetable from the garden.

[Luke Jones (field reporter)]

Yeah.

[Local Resident]

And this grass here.

[Luke Jones (field reporter)]

Yeah.

[Luke Jones]

What a nice life he has.

[Local Resident]

Yeah, no worries.

[Luke Jones (field reporter)]

How old is. How old is he?

[Local Resident]

193, 198.

[Luke Jones (field reporter)]

But isn't it a minimum 193?

[Local Resident]

It could be older. He can be older, can be older. And he's still meat.

[Luke Jones]

He still makes.

[Local Resident]

Yeah, yeah, he fell off there last week. He's on the side, honest. Yeah, it's true. Lucky we see him, the guy seen he's on the side. He couldn't bear it, so I said, pushing bear.

[Luke Jones (field reporter)]

What, because he was trying to have it off with someone?

[Local Resident]

Yeah, yeah, that's right. That's why. Up there, the other one up there, that little one. Yeah, yeah. And she must move aa, you know.

[Luke Jones (field reporter)]

Well, I guess there isn't a lot to do here, so. Yeah, if you're out in the middle

[Local Resident]

of the lawn, why not? I did too.

[Luke Jones]

Officially, Jonathan has no role in St. Helena's legislative process, but he has seen a lot of British governors come and go trying to run the place. I wonder what he makes of this most recent tenant, Governor Nigel Phillips, and how he helped handle the Dr. Sergio fallout. It had some people absolutely furious. From audio Always and me, Luke Jones. This is The Surgeon of St. Helena. Episode 6 Lawfare. By this point, solicitor ruth had about 145 potential victims on her client list. People who had accused Dr. Sergio, but also some who had issues with other doctors as well. She was in negotiations with the lawyers the St. Helena government had instructed at arm's length.

[Solicitor Ruth Booth]

They're really good, experienced lawyers, know what they're doing, very sensible and pragmatic.

[Luke Jones (field reporter)]

Together.

[Luke Jones]

They needed to agree on a compensation scheme, a protocol to work through all of these cases fairly and quickly. The government had even announced already that this was to be the case. But an early sticking point was, well, how many clients do you think you might get? Dr. Sergio did operate on around 600 of the 4,000 people on the island. How could you possibly go and ask each one about what happened, especially when everyone is not necessarily online or easily contactable? The answer, the post.

[Solicitor Ruth Booth]

The problem with this, which is a practical thing, is that there is no postal system on St. Helena. So people, people don't have letterboxes. So if mail arrives on Ireland, it is sent to the main post office in Jamestown. People then who know they are receiving a letter go to the post office or they go to a satellite Post office which is in a little various shops around the island.

[Luke Jones]

So Ruth had to pay somebody to hand deliver to 600 individual homes on St. Helena.

[Solicitor Ruth Booth]

I don't know if you've seen the addresses on St. Helena but it seems like Mr. X, half Tree Hollow St. Helena, that's the address. And actually truthfully there are certain people on the island who like taxi drivers and stuff. They know where everybody lives. So you get into a taxi and you say I need to go and see X. And they don't ask you what the address is because they know where they live.

[Luke Jones]

The government was starting to get worried about how expensive all of this could soon be. Think about it. What if all 140 or so people's claims were successful? Or even more. The government's slim wallet would be responsible not just for the damages, but perhaps also the ongoing cost of carers, specialist equipment they might need, maybe loss of earnings. They'd have to foot the bill for their legal costs for flying out medical experts to assess the scale of the victim's needs. Perhaps the price of flying victims abroad for corrective surgery. This could cost them millions. Now they rely on UK aid, the St Helena government and are always saying they need more. Could the actions of a rogue surgeon bankrupt the island? Victims soon felt like they were being blamed.

[Rita (Savannah's mother)]

Someone said to us, oh you know you're gonna drain St. Helena, all you're doing is you want the money to drain and St Helena we won't be able to afford this and that.

[Luke Jones]

Rita was going to fight for her daughter Savannah, who remember says she was ruinously operated on when she was just nine.

[Rita (Savannah's mother)]

So what about her suffering? What about in the next 10 years? She can't work, you know what's going to happen to it.

[Luke Jones]

The government themselves even explicitly made this blaming argument, albeit much later in a press release.

[Rita (Savannah's mother)]

One of the principal pressures comes from litigation claims being made against the government.

[Luke Jones]

The government pleaded poverty, talked of how the UK wouldn't bail them out.

[Rita (Savannah's mother)]

St Helena as a whole will face extreme financial vulnerability.

[Vince (Newspaper Editor)]

Their mealy mouthed press release show how entirely two faced they can be, how heartless and money orientated they are.

[Luke Jones]

I'd heard people call Ruth and her team ambulance chasers. Was that fair? I asked her. Various people have said they're just in this for a big, big payout at the end these lawyers. What do you say to that?

[Solicitor Ruth Booth]

So we have been involved in this for a long time. I'm just about to go back for my 9th or 10th visit to St. Helena and thus far we have not been paid a penny for any of the work that we've done. I think that if we do manage to get these saints compensation, it's only fair that we should be paid for the work that we've done to get those results in the same way that we'd be paid if we were doing it in the uk. And it still remains the case that any claims that we can't manage to settle, that we can't win, we won't get paid on. But that's the risk that we're prepared to take and it's a risk that we've been prepared to take since November of 2022.

[Luke Jones]

March 2024. Ruth says they were making progress negotiating with the lawyers the Government had instructed,

[Solicitor Ruth Booth]

but suddenly, then a representative of the Attorney General attended one of the meetings. So no longer arm's length, forget what

[Luke Jones]

you've been negotiating, this is how it'll work.

[Solicitor Ruth Booth]

Here is the scheme that we will agree, take it or leave it. And I think that they knew that my response to that was going to be, well, if we're not going to do the protocol, then we will issue proceedings on each one. But then they said, aha, no, you can't do that either, because here is a consultation.

[Luke Jones]

The then Chief Justice, Rupert Jones, who would visit from the UK or dial into hearings at that moment, decided to open a consultation looking at the rules about who could or couldn't work as a solicitor on the island. Should we only allow lawyers with an office on St. Helena to practice here? If wondered, should we effectively ban lawyers who market themselves or directly approach potential clients?

[Solicitor Ruth Booth]

It felt a bit like an ambush, an ambush pincer movement, the aim of which appeared to be to either drastically reduce or prevent our ability to practice law. Represent clients. We just had this vision of them sort of crossing their arms and smiling and nodding sagely, going, ha, ha, we've got them.

[Luke Jones]

Those restrictions never made it into the rule book. But the Attorney General, the Government's top law officer, so very much separate from the judiciary, had another plan. David Ballantyne confidentially wrote to the Chief Justice Rupert Jones. I've seen the letter. Dear Chief justice, he writes, the Government

[Game Narrator]

must address the potentially high volume of civil litigation arising from the criminal conviction of Mr. Sergio Villatoro Bran. They are acutely aware of the likely high costs of litigation, financial, time and reputational in the event of a multitude of litigated claims.

[Luke Jones]

The Government's aim was to, quote, limit the costs they might be liable for in these upcoming cases. His reason? He wanted to protect, quote, core public

[Game Narrator]

services the government wishes to establish the extent to which the Chief justice may consider his powers are a more appropriate means of achieving the aims. Yours faithfully, David Ballantyne, Attorney General.

[Solicitor Ruth Booth]

I think we actually couldn't believe it.

[Luke Jones]

Booth's team got wind of this letter after another lawyer in a different case overheard mention of it in a bar. I know Ruth pushed for the court to release it.

[Solicitor Ruth Booth]

It was just outrageous that a defendant, essentially the defendant in a case, was writing to the judge directly and secretly, not publicly telling him what judgment he wanted him to give in relation to costs and other issues. It's just completely outrageous.

[Luke Jones]

It is a serious accusation, the government appearing to directly interfere in how the judiciary handled a case the government itself is involved in. Ballantyne told me in a statement that the letter did not attempt to interfere with live litigation and was not specific to any case. A month or so after this letter, Chief Justice Rupert Jones handed down a judgment, an unrelated case, and included in it guidance on what lawyers using no win, no fee agreements could claim from the government if they won. It was to be commensurate with local conditions. He explained a maximum of 150 pounds an hour, which sounds like a lot, but is much lower than the English guidance. This, Ruth says, made it unviable for a UK lawyer having to travel there. The return flight between Johannesburg and Jamestown alone costs £700. Shortly before this private letter was revealed,

[Local Resident]

I'm afraid that the times come where I require to be true to myself and I have given notice of my resignation.

[Luke Jones]

The Attorney General resigned, calling his position untenable. He said to me his resignation was not connected to the letter.

[Councillor Ronald]

This is therefore the last legislative Council

[Local Resident]

I'm likely to attend.

[Solicitor Ruth Booth]

It just shows how they just do things their own way. And there are no rules. There are no rules. That's how I'd say.

[Luke Jones]

Little did Ruth know, there was an even bolder plan in the works.

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[Nancy Hixt]

man washing up, getting ready for bed is brutally beaten and killed. Despite an exhaustive investigation, the killer avoids arrest and then strikes again. I'm global News crime reporter Nancy Hixt. You might listen to a lot of true crime podcasts this year, but they're not Crime Beat. Search for and follow the award winning podcast Crime Beat on Apple Podcasts, Spotify, Amazon Music and wherever you find your favorite podcasts.

[Luke Jones]

When I was on the island, solicitor Ruth and barrister Mark were visiting as well and were holding a town hall meeting to explain what was going on to their clients.

[Solicitor Ruth Booth]

This is actually a really good turnout. We don't normally have this many, which is slightly irritating because it's Mark that's spilling it and I'm taking it rather personally. But it's an opportunity for us to provide information to our clients and to saints and for them to ask questions.

[Luke Jones]

It was a small room with around 30 people either sitting in rows or standing along the wall, most of them saints affected by all this. There was a small handful of questions. Interestingly, one was from an American man who lives on the island and who was very angry about how all of this might affect a family member. I later learned that in 2021 he caused a three hour standoff outside the UN building in New York, holding a shotgun to his neck, clutching what police said was a manifesto. Anyway, it was less lively in the town hall meeting the issue there was the government's latest move. At the top of the tree on St. Helena is the Governor the King's representative on the island. They're a UK Foreign Office appointee. They sit atop a Chief Minister and a five person executive council which is drawn from the Legislative Council known as legco, which has 12 elected members on it. I hope you're keeping notes. June 2025, just before the end of their session, days before they dissolved their council for an election, a new bill was put before them. Human Rights Commissioner Catherine is particularly angry about this.

[Solicitor Ruth Booth]

And then at the ledge co they passed it, nobody had been consulted, not the councillors, not the people of St. Helena.

[Luke Jones]

The bill was passed quickly. The Governor, Nigel Phillips even signed a certificate of urgency to help it on its way.

[Solicitor Ruth Booth]

It's a total block on access to justice. Honestly Luke, I can't even, I can't put into words the outrage. It's just Such a massive abuse of power and so obviously directed at all. Those people who wanted to bring claims who have been injured, some of them criminally, by a surgeon employed by the government who was allowed to operate criminally and negligently, are now being denied a route compensation. And if you talk to other lawyers in the UK about what they've done, people just go, what? It would never happen in the uk.

[Luke Jones]

We put this to the government and they declined to comment. So what happened?

[Luke Jones (field reporter)]

This is complicated and I'm going to

[Luke Jones]

explain it once, so fingers on lips. In the uk, if you were hoping to sue the nhs, for example, you might hire a solicitor on a no win, no fee basis. This would protect you from being out of pocket if the claim failed. And if you won, they would claim their costs from the other side. Very usual, very uncontroversial. On St Helena, this new quickly passed law stipulated that before Saints could hire a solicitor on that basis, what's called a conditional fee agreement, they would first have to apply for help under the legal assistance fund with the island's public solicitor, the people Gillian Patrick had been unhappy with. If they then refused, you would then have to go to the court to ask for permission to enter into one of these no win, no fee agreements or CFAs with a solicitor. I mean, you could just pay the solicitor up front, but the island's average salary is 11,000 pounds a year, as discussed. Who's flying out a solicitor and paying them out of pocket on that kind of salary? Should you be allowed to get a no win, no fee solicitor, There would then also be restrictions on the type of insurance that clinical negligence claims almost always have to protect victims from being liable for the cost of medical experts that would need hiring. And there was also a cap on the cost that your solicitor would then be able to claim from government if you won.

[Solicitor Ruth Booth]

We can't act for these people, if actually we can't do it at commercial rates because we would be taking a massive loss and no law firm can afford to represent people a loss. So it capped the hourly rates, making it impossible for us to act and effectively, in one fell swoop said that all the CFAs that we had with all 140 clients were invalid.

[Luke Jones]

Their argument is, if you want to hire a solicitor off Ireland and don't have bags of bags of money, there are now lots of hoops you would have to jump through. And if you manage to jump through those hoops, what solicitor is going to fly all the way to St. Helena and put themselves up there for a Loss making fee.

[Solicitor Ruth Booth]

So effectively it means it's a massive obstacle, a fundamental obstacle to obtaining legal advice and access to justice.

[Luke Jones (field reporter)]

Well, thank you very much. It's really a privilege to be back on St. Helena. I've been twice now. First time was in 2017 when I

[Luke Jones]

was instructed this was the issue Ruth and Mark were explaining in their town hall, along with Catherine, the human rights Commissioner. They decided to band together and challenge this new law in court, a judicial review, arguing that it blocked access to saints constitutional right to justice. In the hub of afterwards, everyone was chattering around this and I met not only one of the elected councillors who voted for this controversial law.

[Councillor Ronald]

I was enrolled for that ordinance as

[Luke Jones]

a legislator, Councillor Ronald, who I met that very first day at the airport,

[Cathy Cranfield]

but also Cathy Cranfield. I was the Deputy Speaker.

[Luke Jones]

Kathy is one of the people pursuing a claim and as the former Deputy speaker, she chaired the meeting where this law was passed on St. Helena. They call laws ordinances.

[Luke Jones (field reporter)]

Kathy, what would you ask Ronald?

[Cathy Cranfield]

Ronald needed to be more proactive and like I said to him before, why didn't he stand up and object to that ordinance? He said he didn't know, he had

[Councillor Ronald]

no idea, he didn't understand really. But I mean, we had the guidance from the legal people at the time, but there was the wrong guidance because she said it was the sort of thing they did in the uk, which they didn't do.

[Luke Jones]

Do you feel duped?

[Councillor Ronald]

More or less. That's why I'm so glad that the judicial review is going ahead.

[Luke Jones]

Do you think everyone's as angry about

[Luke Jones (field reporter)]

this as you said?

[Cathy Cranfield]

I think a lot of people are angry about this.

[Councillor Ronald]

I wouldn't say they're angry, but Kathy is.

[Cathy Cranfield]

I am.

[Councillor Ronald]

You don't know enough to be angry.

[Luke Jones (field reporter)]

Kathy does.

[Cathy Cranfield]

I do and that's why I'm angry.

[Councillor Ronald]

Well, I don't know why the UK government hasn't shown interest, because that's the idea we get as an islander, that the UK government hasn't shown any interest in the negligence that's caused to our St Lena people.

[Luke Jones]

Not just the UK government who we did ask for an interview about all of this, but they said no. What about the former Chief Minister who brought in this law, Julie Thomas, or the current Chief Minister now dealing with it, Rebecca Cairns Wicks and the governor, Nigel Phillips, the UK's man in St Helena, they all said no to our requests. I met up with newspaper editor Vince to talk about this law, the allegation it was blocking justice, that it was rushed through.

[Vince (Newspaper Editor)]

Rushed through? It was made Purposely secretive.

[Luke Jones]

Would you.

[Luke Jones (field reporter)]

Would you say we are still in

[Luke Jones]

cock up or conspiracy territory?

[Vince (Newspaper Editor)]

Oh, no, it's totally conspiracy. It's now definitely self preservation and conspiracy for certain personalities within the government who want to save their own hide.

[Luke Jones]

I've been trying to get in touch with the Chief Minister. I've been trying to track down the Governor. Where do they hang about? Where can I bump into them?

[Vince (Newspaper Editor)]

Would you know them by sight?

[Local Resident]

Yeah.

[Vince (Newspaper Editor)]

Okay. You've emailed them and no response. Typical. You said who you are and what you do. Scared. So you've got the castle on one side of the Grand Parade.

[Luke Jones]

That's where the Chief Minister and the Governor work.

[Vince (Newspaper Editor)]

Yeah. And you come through the arch. There's a little shop called the Arch Shop and a lot of the customers in that little shop comes from people from the castle coming out for something to eat. Yeah. Hover around there for a bit. Oh, hello. Fancy seeing you, you know.

[Cathy Cranfield]

Right.

[Luke Jones (field reporter)]

It is a wet and actually quite windy Tuesday morning here in St. Helena's capital, Jamestown. I'm on the main high street that runs all the way down to the shore's edge. Tell you what, there are some very nice cars in this car park opposite where the government works. Quite a flash looking an X5. I think I can see former Chief Minister Julie Thomas in. See if she's feeling chatty this morning. Hi, Julie. Hi, Julie Thomas. I'm Luke Jones. Hi. You're right. I'm keen to ask you questions about. The government was passing laws to stop Saints from getting justice.

[Cathy Cranfield]

Thank you.

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No, I'm not gonna.

[Luke Jones (field reporter)]

How many criminals have to injure people on this island before people can get compensation?

[Solicitor Ruth Booth]

They can get compensation.

[Cathy Cranfield]

You just need to read it public.

[Luke Jones (field reporter)]

You've been frustrating people's efforts to get the compensation they need.

[Cathy Cranfield]

Look, sorry, I'm not going to be

[Luke Jones (field reporter)]

harassed, but why do people not get accountability for the decisions you've taken as Chief Minister?

[Cathy Cranfield]

Sorry, sorry, sorry. No, I'm not doing this.

[Luke Jones (field reporter)]

Is there not going to be any change for people who are injured? Thank you for your time.

[Luke Jones]

Okay, so she didn't want to talk. In an email she said she couldn't because of ongoing litigation. I saw the Governor outside walking towards his office. I tried to speak to him, but he quickly scurried off to find the current First Minister. I sat through Chief Minister's questions. They were ironically discussing how they make sure more people stay on the island and don't leave as the session ends. I hovered in reception. Downstairs, the current Chief Minister, Rebecca Cairns Wicks, spots my microphone in hand. And quietly asks if I'm recording. Yes. Yes, I am.

[Luke Jones (field reporter)]

You were all talking there about what might make people want to stay on the island.

[Luke Jones]

And there was no mention of the

[Luke Jones (field reporter)]

latest criminal surgeon and the government's efforts to frustrate people getting compensation because of them. So it seems quite incredible. Do you not think? No.

[Luke Jones]

At this point she walks backwards into one of the offices which leads off from the reception where there are a couple of desks and people on the phone. She half closes the door. Then she opens it again and peeks round.

[Nigel Phillips (Governor)]

I don't think given the. That this is a judicial review and there's litigation in process, it would not be appropriate for me to speak on those matters.

[Luke Jones (field reporter)]

But you couldn't affect them in any way.

[Nigel Phillips (Governor)]

I think you know the advice that I have is that it's best not. Not to speak to those. Obviously I wasn't Chief Minister at the time so that I can't specifically speak to them anyway. They're not. Not matters that. But it's certainly in terms of how we are addressing and moving forward.

[Luke Jones (field reporter)]

You must have concern for some. Some of the saints who haven't got access to that compensation that is really affecting their lives.

[Nigel Phillips (Governor)]

I think there is a.

[Cathy Cranfield]

The.

[Nigel Phillips (Governor)]

We want to make sure that we are protecting people in terms of having access to compensation based on a judge's ruling. That is a support and a separate matter. In terms of access, access to justice, that. That is important.

[Luke Jones (field reporter)]

But you could have a compensation scheme and you haven't done. You haven't done that. Closing the door.

[Nigel Phillips (Governor)]

Okay, thank you. I can't speak to that.

[Luke Jones (field reporter)]

You can't speak to that.

[Nigel Phillips (Governor)]

I am very sorry. Thank you.

[Luke Jones (field reporter)]

You are Chief Minister.

[Luke Jones]

And with that the door closes again. I walked off back into the Jamestown afternoon. For all I know she's still in there. If government types say they can't talk because of ongoing litigation as they call it. What about somebody recently out of government? Someone who was Chief Secretary. The top civil servant until recently. Susan Obey helped usher in that controversial legislation.

[Luke Jones (field reporter)]

I sent her a letter when I

[Luke Jones]

arrived on St Helena asking to speak. She ignored me so I went and knocked on her front door.

[Luke Jones (field reporter)]

This is Susan's house. Hi. You're right. You Susan?

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I am.

[Luke Jones (field reporter)]

I am. I'm Luke. I'm the journalist on the island this week.

[Luke Jones]

Are you alright?

[Luke Jones (field reporter)]

Did you get my note?

[Cathy Cranfield]

I did.

[Luke Jones (field reporter)]

Very keen to talk to you if that's all right about all the doctor surgery.

[Cathy Cranfield]

I've got a meeting in the next ten minutes.

[Luke Jones (field reporter)]

Okay.

[Cathy Cranfield]

Wait for already And a funeral this afternoon. So Sorry.

[Luke Jones (field reporter)]

Oh, I'm sorry about that. But even just briefly now, I'd be really keen to know what you think of. There's a lot of questions that people want to know the answers to about why they're being frustrated, access to justice.

[Cathy Cranfield]

Totally understand that, but I really don't have the time. Sorry about that.

[Luke Jones (field reporter)]

It sounds like you don't want to talk about it.

[Cathy Cranfield]

No, no, no, not that I don't want to. I got a safeguarding board meeting at 11 o'. Clock. I need to get down there so

[Luke Jones (field reporter)]

we can come back this afternoon.

[Cathy Cranfield]

No, I've got a funeral this afternoon.

[Luke Jones (field reporter)]

Okay, what about later today? Not this evening, because tomorrow.

[Cathy Cranfield]

Grandchildren today and tomorrow.

[Luke Jones (field reporter)]

This sounds like you don't want to answer important questions.

[Local Resident]

Not at all.

[Cathy Cranfield]

Not at all.

[Luke Jones]

Is there a problem with transparency on

[Luke Jones (field reporter)]

this island, do you think?

[Cathy Cranfield]

I don't think so.

[Luke Jones (field reporter)]

Okay.

[Cathy Cranfield]

Yeah. But you can't just turn up on my door and expect me to drop everything to talk to you.

[Councillor Ronald]

Well, no.

[Luke Jones (field reporter)]

That's why I left you a note saying I'd love to talk to you earlier in this week and you didn't apply. Okay. It sounds like you're avoiding accountability.

[Cathy Cranfield]

No, I am not.

[Luke Jones (field reporter)]

Are you pleased with how things are playing out?

[Cathy Cranfield]

I am. I. To be honest with you, I am retired. I don't work anymore, and I really

[Solicitor Ruth Booth]

don't have an opinion.

[Luke Jones (field reporter)]

We've seen so many people whose lives have been ruined by what that doctor did, and now laws that you helped pass is stopping them from getting the compensation they need to live their lives.

[Cathy Cranfield]

Sorry about that. Okay.

[Luke Jones]

I've never had so many doors shut in my face.

[Luke Jones (field reporter)]

Back on Main street in Jamestown, walking past the courthouse towards the Castle, big old building where the government's offices are, lots of people that we've been wanting to speak to who are not running things in government. Ordinary saints have started emailing saying they can't talk to us anymore. One person who is a public servant has a job which is paid for out of the government's purse, says it's important I maintain impartiality and avoid any perceived conflicts of interest. I've been advised that contributing to a podcast about the Civil litigation Costs Ordinance 2025 could be seen as undermining my professional neutrality. Given the potential for controversy from the podcast, my involvement could be misinterpreted as a personal criticism of government policy which could harm public trust in my role. Somebody else who we contacted wanted to speak to has just emailed saying, do feel free to email me any questions and I'll try My best to answer them. I would like to remain anonymous as SHG has released a statement in all our workplaces not to correspond with visiting journalists. So shg, they sign off with a smiley face face and this is a bit of a problem for us because the government is by far the biggest employer here and it seems like they've messaged everyone who works for them saying, don't speak to Luke Jones. That is a bit like, if you can imagine it in the uk. Keir Starmer, UK Prime Minister at time of recording, telling a random nurse in a hospital or a fire officer or, or somebody who works in your district council as a receptionist that they can't speak to a journalist about an issue.

[Local Resident]

Would.

[Luke Jones (field reporter)]

Would that happen in the uk? I don't think it would. And why are the government here going to such extreme lengths to stop Saints saying what they actually think?

[Luke Jones]

I mentioned this to Savannah's mother, Rita. Remember, Savannah was the one operated on by Dr. Sergio at the age of nine.

[Rita (Savannah's mother)]

I don't work for government, so I don't really know the details, but I know that they are very limited what they can say, even what they post on Facebook, they can't put comments on Facebook or anything.

[Luke Jones]

What do you think that does to debate and accountability here?

[Rita (Savannah's mother)]

So basically it's very difficult to have a decent debate because half the population can't answer. They have opinions, but they can't view their opinions. So it's only the small minority who are not going to get anywhere in a debate.

[Luke Jones]

At around 4 o', clock, I head back down to the castle where the Governor has his office and I spot that an assistant has just driven his shiny black Land Rover Discovery to his reserved parking space right outside the door. She steps out and unsheathes the union flag on the bonnet. I see the crown in place of a registration number shining in the afternoon sun. He must be in. I wait on the steps by his car for a good 30 minutes or so and then spot him.

[Luke Jones (field reporter)]

Governor Phillips, hello.

[Nigel Phillips (Governor)]

Me again.

[Luke Jones (field reporter)]

Why is your government frustrating Saints from talking to journalists? Why are they blocking them? Is this a cover up, Governor?

[Local Resident]

You have no respect, do you?

[Luke Jones (field reporter)]

Why are you stopping? Why are you stopping Saints from talking to the press? You're scaring them. No, you are. Are you trying to hide something or are you worried about what they might tell us?

[Luke Jones]

Excuse me, this is the Governor and

[Nigel Phillips (Governor)]

we're heading home now, thank you very much.

[Luke Jones (field reporter)]

Don't say Saints who have been criminally injured deserve to talk to journalists. Closing the door

[Luke Jones]

and he drives off the foreign office in the uk. His bosses also declined to comment. But now Ruth and her team, Catherine and the Human Rights Office had a date set in court to try and overturn this new law that they said was blocking injured Saints from getting access to justice. Would they win? And where was Dr. Sergio Villatoro Bran in all of this? He declined our many, many requests for comment. But where is he now and what is he up to? That is in our next and final episode. If you want to listen to more of this show early and add further free Search for Always True Crime on Patreon where you'll find pictures from my

[Luke Jones (field reporter)]

time on the island as well.

[Luke Jones]

Or you can subscribe on Apple Podcasts the surgeon of St. Helena is an audio Always production. It's written and hosted by me, Luke Jones. The producer is Louisa Adams. Ailsa Rochester is executive producer and sound design is by Craig Edmondson.

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[Nancy Hixt]

man washing up, getting ready for bed is brutally beaten and killed. Despite an exhaustive investigation, the killer avoids arrest and then strikes again. I'm Global News Crime reporter Nancy Hickst. You might listen to a lot of true crime podcasts this year, but they're not Crime Beat. Search for and follow Follow the award winning podcast Crime Beat on Apple Podcasts, Spotify, Amazon Music and wherever you find your favorite podcasts.

[Podcast Host]

Want more True Crime? This podcast and loads more are part of the Always True Crime Network. It's packed with box sets to binge and twisted tales you won't find anywhere else. Find your next podcast obsession@always truecrime.com.