Judge sues for race discrimination

D. Peter Herbert O.B.E put forward a suit against the Ministry of Justice, Judicial Conduct Investigating Office yesterday after he was accused of misconduct for criticising the Judiciary’s racism.

Judge Herbert, a human rights barrister and Chair of the Society of Black Lawyers made a speech protesting the decision to bar the former mayor of Tower Hamlets, Lutfur Rahman, which was later put on YouTube. He accused the Judiciary of being all “white, male and middle class”; as a result Lord Justice Underhill, the nominated judge, recommended a formal warning for Herbert’s comments.

Judge Herbert has taken action against this decision alleging that the Ministry of Justice breached the Equality Act 2010 which offers protection to those who comment against racial discrimination to prevent victimisation.

Lee Jasper, Chair of the London Race and Criminal Justice Consortium, came out in support of Judge Herbert saying, “Peter is a leading community activist who has an exemplary record of public service and would not face this action if he was white, male and middle class,” and continued commenting, “This highlights the continued racial bias that exists in the British Judicial system”.

Herbert’s fight against the racial discrimination of the Ministry of Justice has been supported by many UK organisations including the Society of Black Lawyers, the National Black Police Association, and the Association of Muslim Lawyers; as well as overseas support from the US National Bar Association.

Judge Herbert commented, “The suggestion that we are equal under the law remains an illusion when our colour determines our professional lives ... I will fight this action for all those that follow me.”

Mary Schlichte