Bedfordshire magistrate warned over "racially inappropriate" comment on WhatsApp during Churchill discussion
A Bedfordshire magistrate has been given a misconduct warning following a comment in a private WhatsApp group.
Derek Muhammad – JP of the Bedfordshire bench – was having a “private intellectual discussion about the complex legacy of Winston Churchill and the colonial history of Britain”.
But another member of the WhatsApp group took umbrage, saying it was racially prejudiced and reported experiencing distress as a result of the comment.
The experienced magistrate of nearly 20 years denied this was the case, saying it wasn’t racist and had been taken out of context.
However, the Judicial Conduct Investigations Office disagreed and gave Mr Muhammad JP formal advice for misconduct.
During the hearing, Mr Muhammad said his comment had been taken out of its context and had been a criticism of colonial exploitation.
He cited his own heritage and argued it isn’t 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 the complaint was vexatious and insincere.
But following an investigation under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member of the South-East Region Conduct Advisory Committee found "Mr Muhammad’s comment was racially inappropriate as it could be interpreted as expressing a negative view of people from a particular group or background”.
The committee member also found that – regardless of Mr Muhammad’s intention or actual belief – the comment could be perceived to call into question his impartiality, independence or integrity. This amounted to misconduct.
And they also noted Mr Muhammad’s failure to show remorse or awareness of how his comment could be perceived, despite being an experienced magistrate, appointed in 2007.
However, in recommending a sanction of formal advice, the nominated committee member noted it was a single comment posted in a private group and that Mr Muhammad did not intend to cause offence. She further acknowledged his previously unblemished conduct record.
Mr Justice Keehan and the Lord Chancellor agreed with the nominated committee member’s recommendation.