Complaint against Judge Warren
Ian Belchamber, 17th March 2013
I asked Judge Warren to deal with a complaint against Judge
Farrer, concerning lack of impartiality (and hence misconduct) in a case against the Information
Commissioner and Dorset Police, this leading to a wrong decision, this wrong
decision facilitating Dorset Police to keep unlawful and dangerous activities
including perverting the course of justice, false accounting and fraud covered up.
My explanation of the case was comprehensive, concluding:
“The Tribunal therefore had the
following when it made its decision:
-
-The original
statement of the IC and the statement in relation to the tribunal and against
both, a detailed and comprehensive explanation from me as to why the decision
and each and every point behind it was without any kind of merit
-
-Nothing whatsoever
in response to any of this from the IC or DP
-
-All the information,
evidence and explanation it could possibly have wanted to backup a long list of
serious failings of Dorset Police including a death resulting from one of its operations
-
-Proof of at least
one lie in the submission of Dorset Police to the IC.
-
-An upheld complaint
from the IPCC including the same issue
-
-Similar unanswered concerns
from the MP for Dorset, Annette Brooke
-
-A totally
overwhelming motive for Dorset Police to keep the information being requested
secret
-
-A simple question
which ON ITS OWN, WITHOUT EVEN AN ANSWER
was concrete evidence of serious misrepresentation and / or waste of
precious public resources of a shocking magnitude
-
-And against me, in
comparison to the above, nothing whatsoever but a claim of vexatious because I
have been unable to make progress with all the failures above because Dorset
Police were failing to communicate about them – by comparison, a drop in the
ocean.”
If there was just a trace of impartiality in the judge, only
one outcome was possible. I was therefore totally astonished when I heard the
complaint had been rejected
Judge Farrer’s decision if it was to go against the weight
of this would have a very great deal of explaining to do but there was nothing.
I was therefore hoping that I would finally see some
professionalism from Judge Warren but I have simply seen more of the same.
I presented the full history of the case, concisely
formatted as a simple 6 side document with extensive references available by
link if required, to Judge Warren on the 17th Feb 2013: ico.aspx
The first response was this: warren6mar2013.pdf
Here was my reply: ib6mar2013.pdf
The final decision from Judge Warren was this: warren14mar2013.pdf
Here is how Judge
Warren has failed. I will quote some of his statements in order and respond to
them:
“I cannot investigate the merits of the tribunal decision” But
you cannot ignore the decision and everything else that has happened around it –
there is nothing else! The misconduct resulted in the wrong decision. Actually,
I believe that this case is so corrupted that it was the other way round – I believe
that firstly there was a decision to protect, and that resulted in deliberate misconduct
in order to support the wrong decision, as detailed here: requestforappeal.pdf
“This part of your complaint is about the decision” As I
have explained above, you cannot completely separate the misconduct from the
decision but I have made it crystal clear that there is a complaint of
misconduct.
The remainder of the points in Judge Warren’s letter of the
6th are dealt with in my response send on the same day.
From the letter of the 14th:
On point 1: The main
complaint makes it blatantly clear that although the decision was wrong, there
were many serious failings of Judge Farrer against the Judicial code of
Conduct. But he seems to think that there is only a complaint about the
decision. I can’t work out how he has failed to see that there is a complaint
against the conduct of Judge Farrer. So
he has dodged the entire issue of misconduct simply by failing to recognise
that there is a complaint about it. Even if the misconduct complaint was
not clear, the misconduct would have been obvious to him if he had properly
considered the facts and he should have done something about it.
“Being selective with evidence is not judicial misconduct”.
I can imagine situations where this may be the case, but not when you ignore all of the evidence on one side in order to
protect the other.
“Their reasons
for favouring one side or another can be scrutinised on appeal but not through
the complaints process” – perhaps this explains why Judge Farrer decided to
disallow the appeal?
Point 2: This clearly depends on point 1. If the case has
been professionally, fairly, and openly handled and has properly explained
reasons for the decisions, clearly there is no cover up. When Judge Farrer was faced
with difficult evidence of fraud in Dorset Police, he had an easy solution: he
just disregarded it. It seems Judge Warren has done the same faced with
difficult evidence of misconduct against Judge Farrer: he has simply interpreted the complaint of misconduct as a complaint of decision
which, conveniently, he doesn’t have to deal with. Do judges really behave like this in th UK? Clearly, if things are as I
have comprehensively explained them to be, and as absolutely every individual
and organisation concerned has completely failed to suggest otherwise, cover up
and therefore aiding and abetting fraud etc. are very real considerations.
This nonsense must now stop. If I have discovered all of
this resulting from a question that should have been answered in 5 minutes goodness
only knows what else is going on, how many cases are being mishandled and how
much damage is being done.
The consequences will already be very serious but it is time to stop making things worse. The Judicial Appointments and Conduct Ombudsman must now take this seriously and deal with it properly.