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Frazzel Angel - now passed away
Joined: 05 Oct 2005 Posts: 480 Location: the beano
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Posted: Sun Jul 26, 2009 4:39 pm Post subject: Names of UK Corrupt Judges to be kept Secret |
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Names of judges found guilty of misconduct to stay secret
• Straw wins four-year battle to keep identities hidden
• Challenge by Guardian rejected by tribunal
The government and the judiciary can continue to conceal the names of more than 170 misbehaving judges, a freedom of information tribunal has ruled.
The judge heading the tribunal decided that some members of the judiciary who have been sacked or reprimanded for misconduct would suffer "great distress" if details of their misdemeanours were made public. The judges' authority in the courtroom would be undermined, and their privacy unjustifiably invaded, if the public were allowed to know how they had been disciplined, according to the tribunal.
The ruling ruled in favour of justice secretary, Jack Straw, and the judiciary as they have fought a four-year battle to hide the identities of miscreants.
The three-member tribunal, led by David Marks QC, dismissed a challenge from the Guardian which had argued that the public should know which judges had been disciplined and why. Straw and Igor Judge, the lord chief justice, are in charge of deciding how to punish judges, members of tribunals, magistrates and coroners if they behave badly in the courtroom. They can also be disciplined if their conduct outside the courtroom "tarnishes the reputation of the judiciary".
It is known that judges have been admonished for being convicted of drink-driving, falling asleep in a rape trial and viewing porn on their official computers. An immigration judge who had an affair with his Brazilian cleaner and sent her text messages calling her "chilli hot stuff" was rebuked for showing "poor judgment" in hiring her. The cleaner was cleared of blackmailing him. In their verdict, Marks and the two members of the tribunal said it was not "at all far-fetched to assume" that the courts would be disrupted if the public were allowed to know about judges' misdemeanours. They cited the example of an unnamed "very senior judge who was reprimanded by the lord chief justice". Marks and his colleagues said that if barristers had known about the behaviour which had led to the reprimand, they would have used the information to try and get an adjournment of hearings or "in some cases an application that the judge in question not hear the particular case.
"This clearly has adverse implications for the public and for the administration of justice generally," they said. Marks also said judges could also experience "intrusive" and overblown reporting by the media of their misconduct. This could "cause an undermining of authority generally and thus prejudice any further employment prospects of whatever sort in the wake of a reprimand", they added. They were "impressed" by the Ministry of Justice's argument that judges were entitled to a "reasonable expectation of privacy".
They recognised that disclosure of the data requested by the Guardian would "admittedly ... further the interests of transparency and accountability". However they decided that "enough" information about the "fact and scope" of the reprimands over the past decade had already been made public. The Ministry of Justice had published information outlining the number of times judges have been disciplined, a description of the system for adjudicating complaints, and broad categories of misconduct committed such as "inappropriate behaviour" and "misuse of judicial status" without giving further details of individual wrongdoing. Marks rejected the Guardian's arguments that publication of the misconduct would "enhance public confidence in the administration of justice and that secrecy is more likely to engender resentment, suspicion and contempt than enhance respect".
The public should know if those who pass judgment on others were being disciplined correctly when they transgressed, the paper said. The Guardian had also argued that openness would also help to ensure that judges were not persecuted unfairly by ministers. Following pressure from the Guardian, the Ministry of Justice has pledged to be more open about judges who have been sacked in future.
source: the guardian _________________ "injustice anywhere is a threat to justice everywhere" Martin Luther king |
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GodSaveTheTeam Moderator
Joined: 30 Nov 2006 Posts: 575 Location: the eyevolution
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Posted: Sun Jul 26, 2009 5:25 pm Post subject: |
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One for them and one for us, that's the law. |
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fish5133 Site Admin
Joined: 13 Sep 2006 Posts: 2568 Location: One breath from Glory
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Posted: Mon Jul 27, 2009 12:35 am Post subject: |
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Probably find a lot of MPs will suddenly get Honorary Judge status to hide their own misdemeanours.
Frankly lifes to short to be bothered by news stories about certain judges sexual affairs. If it doesnt affect their capabilities as a judge then so waht.
Load of homosexuals were caught by police on a secret surveillance camera in a local public toilet doing things that they shouildnt have been doing in a public place (or not at all depending on your views). They named and shamed some in the press but not the off duty copper they also caught. Yep 1 rule for them and another for us. _________________ JO911B.
"for we wrestle not against flesh and blood but against principalities, against powers, against rulers of the darkness of this world, against wicked spirits in high places " Eph.6 v 12 |
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xmasdale Angel - now passed away
Joined: 25 Jul 2005 Posts: 1959 Location: South London
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Posted: Mon Jul 27, 2009 11:22 am Post subject: |
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fish5133 wrote: | Probably find a lot of MPs will suddenly get Honorary Judge status to hide their own misdemeanours.
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Time for the Guardian to compete with the Telegraph in disclosing corruption in high places, I think.
Does Jack Straw seriously think the public will be satisfied with the misdemeanours of judges being covered up when they are clearly not content with the misdemeanours of MPs being hidden?
The knowledge that the government is not willing to expose the misdemeanours of judges will further undermine public confidence in the legal system. This is very serious because the establishment of the rule of law is the first step that needs to be taken when a country emerges from chaos and civil war. Democracy cannot be established where there is no rule of law. |
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illeagalhunter Moderate Poster
Joined: 13 Jan 2007 Posts: 106
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Posted: Mon Jul 27, 2009 2:25 pm Post subject: |
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GodSaveTheTeam wrote: | One for them and one for us, that's the law. |
Ill 2nd that |
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