28. Sep. 2010. @ 11:22:44 by TheJusticeofthePeace
Professional people must jump hurdles of varying heights in order to be entrusted with the tasks and duties they have voluntarily offered to perform for those who directly or indirectly pay for or receive their advice and/or services. Only in the most heinous circumstances do those individuals receive the ultimate sanction for departing morally or professionally from their chosen path. Mass murderer Harold Shipman was a known drug addict and was supposedly rehabilitated and allowed to continue to practise as a physician. When it comes to members of the judiciary misbehaving, a casual onlooker might opine that the higher up the ladder of seniority the alleged “justice” is standing the greater the saturation of redness must appear on his hand before action is taken.
Magistrates [and others] in my opinion operate within what is arguably the most politically correct organisation in the country……Her Majesty`s Court Service and under the auspices of the Ministry of Justice. The well known and accurate description; “justice must not only be done it must be seen to be done” is not merely a snappy phrase; it gives meaning to a necessary pillar of a free society.
Within the Office of Judicial Complaints it seems there is no such consideration as “three strikes and you`re out”. It is more a matter of slip up once however minor and out you go. That philosophy certainly does not operate amongst other professional supervisory bodies.
Then pity or castigate John Harrison ex J.P. on the Lancaster Bench who last week was thrown out for nodding off whilst chairing an assault trial. It seems that judges can fall asleep during a trial, admit such and continue on the bench. Such was the situation with His Honour Judge Michael Coombe [now deceased] who fell asleep during a robbery trial in 2002. Although convictions against the defendants were held at appeal in 2004 three of them had their sentences reduced. And his is not the only example. In 2001, Judge Gabriel Hutton was disciplined for falling asleep during a rape trial. In 1999, Judge Victor Hall was 'severely reprimanded' after he was convicted of drink-driving.
Then pity or castigate John Harrison ex J.P. on the Lancaster Bench who last week was thrown out for nodding off whilst chairing an assault trial. It seems that judges can fall asleep during a trial, admit such and continue on the bench. Such was the situation with His Honour Judge Michael Coombe [now deceased] who fell asleep during a robbery trial in 2002. Although convictions against the defendants were held at appeal in 2004 three of them had their sentences reduced. And his is not the only example. In 2001, Judge Gabriel Hutton was disciplined for falling asleep during a rape trial. In 1999, Judge Victor Hall was 'severely reprimanded' after he was convicted of drink-driving.
It seems that the propensity to conceal judicial incompetence at the higher levels like all such attempts at cover up from Watergate onwards will lead to more revelations.
Sleeping judges are a not uncommon consequence of advancing age, stuffy courtrooms and listening to sometimes boring people talking boring nonsense. But they are not sanctioned in the manner of magistrates.
So for any colleagues especially those sitting in afternoon sessions……….an inability to have time for more than a cup of tea and a sandwich as opposed to a three courser and wine as our senior colleagues at Crown Court can avail themselves is no cause for despair. The motto is no second chances; keep awake or be fired!
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