England: Judge facing disciplinary hearing denied legal representation

Peter Herbert, chair of the Society of Black Lawyers, has appealed to the Lord Chief Justice, Lord Thomas of Cwmgiedd, regarding the proceedings of the judicial panel due to hear his case.

The remarks were made in a speech at a rally in Stepney, East London, in April last year when Mr Herbert commented on former mayor of Tower Hamlets, Lutfur Rahman’s ban on holding public office for five years, alleging that racism was present in parts of the judiciary.

He said in the speech: “Racism is alive and well and living in Tower Hamlets, in Westminster and, yes, sometimes in the judiciary.”

His speech caused outrage and breached judicial conduct as it strayed into political commentary and conflicted with his duty to show impartiality.

The judge, who sits as a part time recorder and in immigration and employment tribunals will be subject to a two hour hearing and will be unable to legally represent himself or call upon witnesses. He is separately suing the Ministry of Justice for race discrimination.

In a statement released on Tuesday, Mr Herbert said: “It is simply unacceptable to suggest that a part-time judge, no matter how junior, should be told to resort to an employment tribunal or refer to the judicial conduct ombudsman to seek redress.

“As one of the few judges of African descent in the United Kingdom, who sits in three different jurisdictions, with a consistent record of fighting within the system for justice and equality, to be treated in this manner is a disgrace.

“If this panel are permitted to abridge my right to a fair hearing that sends a very strong message to all members of the African, Caribbean and Asian community that we are simply not equal before the law. I do not expect to be treated above the law that applies to other judges but I do expect to be treated equally.”

Imran Khan, the London solicitor who represented the family of Stephen Lawrence, said: “It is a disgrace that any judge should have his rights to a fair disciplinary hearing limited in this manner. Even an ordinary employee or office holder has the right to call witnesses, in his own defence.”

A spokesman for the JCIO said: “The JCIO does not comment on cases while they are being investigated. If there is a finding against any judicial office holder, it is published on the JCIO website.”