SWEEPING JUSTICE UNDER THE TORY CARPET

 

There are many reasons why some populations can be considered "patriotic" or unified and others less so. Climate change, external threats, political gerrymandering, immigration and in current terms unseen infiltration by aggressive AI from known or unknown sources.  Governments are elected to predict, control and counter where and when possible threats from the above sources and others.  Common to most political regimes are justice systems which vary in quality from totalitarian (virtually non existent and which Russia is a prime example) to "progressive" where excessive zeal has created a virtual free for all which is the basis of the democratic system`s near breakdown in Israel with consequences for all its citizens.  

In between is U.K. where pride in a justice system has been broadcast loud and proud for a century or more.  Not any more: this century has seen belief within and without the legal and associated professions diminish when the ability of many to access the justice system has been deliberately constrained by the imposition of costs for not just those of low income but also for many middle income earners in both criminal and civil courts.  There is however another factor at one time reluctantly accepted as a necessity of government which pervades the justice system; secrecy.  Appointments to the higher ranks of the bar and to the judiciary at all levels were carried out by whispers in cloisters or smoke filled rooms.  Some of the more atrocious activities have had light shone upon them but many remain.  By their very nature they resist exposure but events sometimes cast a fleeting glow on what governments are trying to avoid.

One such event was the verdict and sentencing of three terrorist supporters at a recent march supposedly in sympathy with Gazans and their terrorist overlords Hamas.  Earlier this month a senior district judge (MC) with sentencing options of six months custody allowed the offenders to walk out of court with a conditional discharge, the lowest but one non financial  sentence available to him.  However reporters digging for details, as is their prerogative, discovered that this judge had shown sympathy in social media with those who had accused Israel of terrorism against Palestinians;  similar sympathies of which the trio had been found guilty.  In addition this judge was no ordinary district judge. Tanweer Ikram in 2017was appointed Deputy Senior District Judge (Chief Magistrate).  To add to that Tanweer was appointed to the Judicial Appointments Commission  as a Judicial Commissioner for a term of three years from 14 December 2023.

Now from the viewpoint of that person on the Clapham omnibus comes the  non activity of  those who are supposed to expose questionable or ill advised judicial actions.  None of the bodies which has powers of oversight has chosen to use those powers to determine whether there was bias in Tanweer`s sentencing of those offenders. The Evening Standard has published a fair account of the situation thus far.  It would appear that having been promoted in December those in an oversight role of the judiciary have decided to close ranks fearing ridicule of their protégée. In other words they hope this case of disgraceful judicial bias  will fade away from the public mind to be replaced by positive headlines for a government desperately trying to convince us that it should be re-elected. 

It seems that a political lesson from times long gone have been forgotten; it`s the cover up wot got `em.  In the modern era from Richard Nixon onwards trying to hide scandal under a bush is a sure way to exposure.  Apart perhaps from the military and all that that word entails our justice system still reacts as if it indeed is a law unto itself from dealings with lowly magistrates to those at the top of the tree.  Secrecy is the bedfellow of demagogues and for those aspiring to such exalted position.  I hope we will soon hear more about this discredited judicial office holder.  The Tory carpet cannot have room for much more to be swept under it.  

MUSLIM JUDGES AND THE DEMOCRATIC PARADOX

With a general election on the horizon there is much media comment on how a divided political party is a turn off for voters. But what has faded into the political background is that His Majesty`s Loyal Opposition; the Labour Party, is itself still divided over an apparent acceptance of antisemitism in its ranks depending on who are labelled as such and those who at heart are still Remainers.  Although the issues are not as stark or as many as in USA this country is exhibiting bitter divisions over weekly marches by groups using Palestinian sympathises  as a cloak for hatred of all Jews not just the 7 million residing in Israel.   

The history of nations where there is unreconciled division is ominous.  The French Revolution of 1789 was followed by a disastrous European war until the defeat of Napoleon in 1815.  Subsequent to the American Revolution in 1776 those who were on the side of Great Britain and remained unreconciled to being subjects of the new United States fled to Canada the first use of which as an official name came in 1791 when the Province of Quebec was divided into the colonies of Upper Canada and Lower Canada. In 1841 the two colonies were united under one name; the Province of Canada.  The American Civil War literally almost divided the new nation until the Union success of 1865. Millions were killed in post 1917 Russia following revolutions and the subsequent civil war.  Post the Great War Ireland had its own civil war between unreconciled political parties and unremitting antagonism between fascists and communists was played out in the Spanish Civil War.

Whilst 2024 is not exhibiting the first symptoms of violent disorder in the UK the history of these islands has demonstrated all the signs that have preceded our current state: civil war in the 1400s AKA the Wars of the Roses, actual civil war  1642-51 and the final defeat of the Jacobites and the threat of a Catholic monarch in 1746.  

The social divide over Brexit in 2016 subsequent to the ouvert division in Scotland from the 2014 referendum, the opposition to the Covid 19 shutdown and the increasing threat from Islamist extremists shouting very loudly over the silence of many of their co-religionists is provoking verbal, literal and political opposition verging on violent threats in some quarters.  The failure, apparent or otherwise, of political and police authorities to contain current examples of an unholy trinity of Palestinian sympathisers, marxists and fascists on the streets of London and other cities weekly since October 7th should be provoking anxiety in 10 Downing Street.  The influence on events of the Secretary of State for Justice is an unknown factor.  However when activities of those who seek to force their opinions on others by tactics of obstruction in some way or other the dirty washing on the clothes line of justice is there for all to see. 

One cannot complete a form for many occasions or applications of one sort or another some voluntarily, some essential without it seems ticking boxes to describe all or some of one`s ethnicity, sexuality, gender, skin description, heritage, education etc etc etc. France, officially a Catholic nation, on the other hand has been deaf, dumb and blind to such intrusions on privacy since 1972. Since 2004 there has been a ban in public schools of wearing religious symbols; hijabs, kippa and crucifixes. There is an estimated Muslim population of 7%-9% mainly from 1950s and 60s immigration from Algeria, Morocco and Tunisia. This Muslim minority, increasing annually, is likely to be a large factor in the next French presidential election. 

In the Uk over the last 30 years we have had our own share of Islamist violence.  We also have our own share of Islamist judges and magistrates in our courts, numbers unknown, sitting in judgement on those whose views they might share when it comes to public disorder.  Indeed despite the authorities knowing almost how many hairs are on the heads of magistrates the number of Muslim magistrates is unknown. According to the Office of Judicial Statistics they do not currently publish these figures in their annual Judicial Diversity report.  The Judicial Office who are the data owners have offered the following statement:- 

Magistrates can provide information on their religious affiliations. However, disclosure of this information is optional and therefore Magistrates may choose not to disclose this information. As a result, the information held on the religious affiliations of Magistrates at this time is not of suitable robustness (i.e. the declaration rate is too low) to be published publicly, as doing so may lead to inaccurate and misleading interpretations being made.

And so to last week when Heba Alhayek, 29; Pauline Ankunda, 26; and Noimutu Olayinka Taiwo, 27; were found guilty of a terror offence in the wake of the incident at a pro-Palestinian march in central London a week after Hamas militants entered Israel.  Deputy Senior District Judge Tan Ikram said he had decided their lesson had been “well learned” and he did not intend to punish them sentencing them to effectively a slap on the wrist; a conditional discharge.  This blogger and many legal bigwigs have indicated their outrage and demanded appropriate intervention to make the punishment fit the crime. My point today, belatedly perhaps, is how many sentences on similar offending are being conditioned by magistrates whose public profiles are by far and away below the horizon of public and media scrutiny?  When the scrutiny of Advisory Committees who select magistrates is deep enough to view the proverbial angel on the proverbial pinhead why is religious or non religious affiliation not a compulsory feature for every aspiring Justice of the Peace?  My own opinion is that it`s a case of the three monkeys; the MOJ doesn`t want to hear, see or speak the answers or the numbers for the simple reason they would, perhaps by pressure, have to publish those very numbers and they`re fearful of what these numbers would reveal especially in areas where Muslims constitute a quarter or more of the population. 

Our nation has a history of peaceful protest protected by law.  The political convolutions over the last decade have proved that existing law is strained to breaking point. Almost daily institutions and private and company premises are being invaded with criminal damage caused, lives are being seriously disrupted by obstructive tactics, weekly demonstrations have led to under policed and under contained public disorder and Jewish citizens have undergone record numbers of occasions of direct antisemitism including children at school.  

There comes a time when a democracy must consider apparent undemocratic actions to preserve that very democracy. Such an occasion is described as the Democratic Paradox. Recognising the situation unchanged an early question for the next government is firstly to admit its reality and secondly when or if to apply a remedy and finally to justify and select an appropriate redress.  Failure will be a catastrophe. 

 

IS THIS REALITY?

 It`s now two weeks since I underwent major surgery.  Having had anaesthesia problems as a young man when I underwent elective surgery I was very careful and fortunate enough to be able to select not only my surgeon but also the consultant anaesthetist who worked alongside him.  Whilst the operation was successful I later learned that owing to unforeseen complications chemical anaesthesia was not possible even partially and I underwent full blown gaseous  anaesthesia.  Common sedative agents used during rapid sequence intubation include etomidate, ketamine, and propofol. Commonly used neuromuscular blocking agents are succinylcholine and rocuronium. Certain induction agents and paralytic drugs may be more beneficial than others in certain clinical situations. CW my anaesthetist was long gone when I awoke a surprisingly long time after schedule according to my surgeon. But what I do remember and committed to my diary of these events were my first words to the recovery nurse, " Is this reality?".  Indeed I repeated the same question three times.  I felt like Rip Van Winkle on magic mushrooms.  It was a further day or so into my recovery programme that it dawned on me that when I compare my first experiences of being inside our justice system in 1998 with the current situation I could also remark; "is this reality"?

Of these 26 years 14 were were overseen by Tory governments.  The coalition years will fade into the ether as rightly they should.  That first Conservative Secretary of State for Justice Kenneth Clarke proudly announcing his support for austerity commented that he was the first around the Cabinet table to implement budget cuts; in his manor 23.8%.  Oh how they drooled. Others soon followed with police numbers being reduced by 20,000, prison officer numbers being cut, the probation service being decimated and secret magistrates courts taking on a million + cases annually under the cloaking device AKA as Single Justice Procedure.  Notwithstanding that all this was in the public domain being excused by government rhetoric daily that would have had Cicero cutting his own throat years before  "together with his son, his brother, and his brother's son and all his household, his faction, and his friends" (Appian, Civil Wars, IV.19.1). Cicero was killed on December 7, 43 BC, aged sixty-three, his head and hands (having penned the Philippics) hacked off."  For even the most miserable, incompetent, arrogant Justice Secretary this nation has ever endured Chris (failing) Grayling [2016-19] who took the probation service into penury and disarray  resignation was not even a footnote in his diary.  Throughout 14 years of incompetence half the courts of England and Wales were closed and even with that process which continues the cry of "local justice" and "diversity" scream from the depths of Petty France where woke reigns supreme.  His Majesty`s Courts and Tribunal Service now has the publishing rights for several areas where local court reporting has become part of local history.  So we cannot be certain that what`s being published in local media reflects the reality of court happenings in local areas.  In the last two years magistrates courts` sentencing powers have been increased to 12 months custody from the previous 6 months and reduced again to 6 months.  Notwithstanding those decisions there is current parliamentary process in action to remove custody as an option altogether.  But here`s the rub; owing to the inaction or inability of the Metropolitan Police to curb disorder occurring in so many  so called "marches for Palestine"  in future protesters who climb on to war memorials could face up to three months in jail under new laws put forward by the government. Security minister Tom Tugendhat told MPs people who scaled national monuments could also be fined £1,000.  Apparently the irresistible force of no more jail available to the lower court will meet the immoveable object of a 3 month jail sentence for those guilty of breaching the new proposed legislation.  That means that those cases will be added to the lists of crown courts where some matters are estimated to be heard not sooner than two years from now. 

The unbelievable incompetence of those aforementioned inhabitants of Petty France added to the equally do lally knuckle dragging grunters of the Home Office has resulted in our prisons being unable to accommodate all those who should lawfully, morally and societally be there.  The scandal and it`s nothing less than a scandal, of "suspended sentences " will continue and indeed accelerate.  If there is one factor above the reducing numbers of lawyers undertaking uneconomic legal aid work in and out of the courtroom to the detriment of low income defendants it`s the release of prisoners when they have completed only a half of their supposed well rehearsed and logically deduced sentences whether or not they deserve such beneficial treatment. The list of failings and incompetence goes on but this is a blog post, not a treatise or novella. 

Perhaps my Rip Van Winkle could have met the Sleeping Princess and seen the world through her eyes without a frog in sight.  Perhaps we can elect some politicians who are of A Level quality in place of the GCSE failures who are leading us into penury and misery down almost every political avenue we have to navigate for the next decade.  Perhaps we can be under a general anaesthetic until then and upon awakening wonder in awe; "is this reality"?