Allister presses LCJ on Magistrate's outburst
12 March 2010
Following the incident in Limavady Magistrates Court, when District Judge Eamonn King commented that a man being prosecuted for removing a flag from the unionist village of Burnfoot, should instead be ‘commended’, TUV Leader Jim Allister QC has written to the Lord Chief Justice registering a complaint and seeking investigation into this ‘politically loaded observation’ from the Bench.
Believing that the comments demonstrate a lack of objectivity and neutrality from the District Judge, Mr Allister has written to Sir Declan Morgan in the following terms:-
“I feel compelled to write to you concerning the reported recent comments of District Judge Eamonn King in Limavady Magistrates Court, when at the mention of a case against a person charged with removing a flag in the village of Burnfoot last July, the District Judge is reported to have said he should have been commended rather than prosecuted.
“Such a politically loaded observation, clearly designed to influence the PPS towards withdrawing the charge, demonstrates, I suggest, an absence of the objectivity and neutrality which is rightfully expected from the Bench.
“I, therefore, invite you to investigate this matter and take steps to ensure that Deputy Judge King does not hear the case, as and when it comes to hearing.”
Commenting further Mr Allister said, “It is clear that these comments were indeed designed to influence the PPS to withdraw the charge. It is important that it is not be so influenced. Burnfoot is a village where theft or removal of a flag in the month of July, by someone with animus towards such a display and the tradition it represents, is likely to be provocative. So it is not a matter for either commendation or dismissal. Indeed, it is my understanding that at the same time a resident’s car was attacked.
“It is sad state of affairs if in a village such as Burnfoot our British culture cannot be celebrated without malevolent interference by bigoted outsiders. When such people are commended, rather than condemned, from the bench, then it compounds the situation: a situation only likely to worsen as Sinn Fein gets closer to control of policing and justice.”
