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.

Ian Belchamber