A magistrate who made a ‘racially inappropriate’ comment in a private WhatsApp group discussing the ‘complex legacy of Winston Churchill’ has been issued with formal advice for misconduct.
A member of the public made a complaint that Derek Muhammad had made a comment in a private WhatsApp group which was perceived by the complainant to be racially prejudiced. The complainant, a spokesperson for the Judicial Conduct Investigations Office said, ‘reported experiencing distress as a result of the comment’.
Muhammad, who was appointed in 2007, denied the comment was racist adding that it ‘had been taken out of its context which was a private intellectual discussion about the complex legacy of Winston Churchill and the colonial history of Britain’.
The JCIO said: ‘[Muhammad] said it was a criticism of colonial exploitation. He cited his own heritage and argued it is not credible to suggest he harbours racial animus toward people with whom he shares ancestry. He cited his long, unblemished record of public service [and] suggested that the complaint was vexatious and insincere.’
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The JCIO added: ‘Magistrates sign a declaration and undertaking on appointment to act with circumspection and maintain the dignity, standing and good reputation of the magistracy at all times. The guide to judicial conduct and social media guidance for the judiciary caution judicial officeholders against behaviour, even in their private life, which could reduce respect for judicial office or cast doubt on their independence, impartiality or integrity.’
An investigation found Muhammed posted the comment which was ‘racially inappropriate as it could be interpreted as expressing a negative view of people from a particular group or background’. This could be ‘perceived to call into question [Muhammad’s] impartiality, independence or integrity’.
Muhammad had failed to show ‘remorse or awareness of how his comment could be perceived’. The investigation noted it was a single comment posted in a private group and it was not Muhammad’s intention to cause offence.
Mr Justice Keehan, on behalf of the lady chief justice, and with the lord chancellor’s agreement, issued Muhammad with formal advice for misconduct, the least severe sanction for misconduct by judicial office-holders.
