A magistrate who made a reference to Al-Qaeda when making an ‘inappropriate comment about a probation officer’s appearance’ has been issued with a formal warning for misconduct.
Kate Waghorn, who sits on the South and West Devon bench, was alleged to have made an inappropriate comment about a probation officer’s appearance, including a reference to Al-Qaeda.
A spokesperson for the Judicial Conduct and Investigations Office said Waghorn made the comment during a discussion in the retiring room and in the presence of other magistrates and a legal adviser.
The JCIO said: ‘On appointment, magistrates sign a declaration and undertaking, which includes a commitment to be circumspect in their conduct. The guide to judicial conduct requires judicial office holders to seek to be courteous, patient, tolerant, and to respect the dignity of all.’
In her representations, Waghorn expressed remorse, apologised to all those present and acknowledged the ‘inappropriateness' of the remark. She ‘had no clear recollection of making the comment’ but accepted she was ‘likely to have done so, given the consistency of the accounts provided’.
The JCIO said Waghorn ‘outlined steps she had taken to reflect on the incident and improve her cultural awareness, including voluntarily completing Islam awareness training’.
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An investigation found Waghorn, who had a previously unblemished 30 years of service, had made ‘an inappropriate and racially insensitive comment which caused emotional harm to an individual present during the conversation’. Though Waghorn was found to have not made the comment out of malice, ‘she should have known it was offensive’ and failed to act with circumspection and treat others with respect.
Mr Justice Keehan, on behalf of the lady chief justice, and the lord chancellor issued Waghorn with the ‘more serious sanction’ of a formal warning ‘given the nature of the comment, the circumstances in which it was made and the offence caused by it’.
Sanctions for misconduct by judicial office-holders are, in order of severity, formal advice, formal warning, reprimand and removal from office.
