Ill-judged joke
A magistrate has received a formal warning after the judicial watchdog said he suggested dealing with young offenders by, in its words, “cutting off parts of their anatomy”.
Although Mr Michael Berry JP did not use those exact words, he was alleged to have made a similar “offensive” remark to colleagues in the retiring room, according to the published decision.
Later that same day, it was further alleged that he directed a “sexist and offensive comment” at a female colleague, telling her not to trouble her “pretty little head…”.
Berry admitted making the comments about youth offenders, which were in line with what was alleged, but insisted they were meant as a joke and did not reflect his true views. He also did not consider the remarks to be derogatory to court users.
Regarding the comment directed at his female colleague, Berry said he did not recall making it but accepted it was possible. He also expressed concern about the complaint, suggesting his colleague may have misunderstood his sense of humour.
Berry was initially given the more serious sanction of a reprimand, after a nominated committee member found that he had made inappropriate comments that were offensive and derogatory. In doing so, he was found to have “failed to act with circumspection” and to have “failed to treat the subjects of the comments with dignity and respect”.
In reaching that decision, the committee member accepted that while Berry had not intended any malice, he should have known that his comments were “inappropriate, offensive and reckless”. It also raised corners that Berry had not taken any responsibility for his actions and did not understand the seriousness of his comments.
While a senior judge and the Lord Chancellor agreed with the committee member’s findings, they decided that the lesser sanction of a formal warning was more appropriate, citing Berry’s “long unblemished conduct record”.
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