A black magistrate claimed yesterday that a culture of courtroom racism routinely saw innocent ethnic minority defendants found guilty before being handed the harshest possible jail sentence.
Iris Josiah told an employment tribunal that she was repeatedly blocked from promotion at Enfield Magistrates’ Court in North London after raising her concerns.
She said that for seven-and-a-half years she was the victim of “systemic unfair treatment” because of her colour. The teacher, originally from Antigua, is demanding £75,000 damages from the Ministry of Justice claiming she suffered racial discrimination leaving her tearful, stressed and humiliated.
In her statement presented to Stratford Employment Tribunal, she said: “In the immediate years following my appointment as a magistrate, I witnessed the hostile treatment of black defendants by some fellow magistrates.
“[That included] harsh remarks, severe sentencing, disregard for personal mitigation, easy findings of guilt irrespective of evidence, most likely to refuse bail, most likely to be sentenced to prison and general unfair practices.
“I have confronted a couple of magistrates about particular incidents of unfair practices relating to black defendants including unfair practices directed at me – for example, leaving me out of discussions during deliberations.”
The mother of one, who has also served as a councillor and school governor, was appointed Justice of the Peace in 1995 and serves in both the adult and youth courts.
She told the tribunal that in June 1999 she witnessed the “unfair treatment against a black defendant” by another magistrate on the ‘Tuesday bench’ and reported it to Stephen Carroll, Deputy Clerk to the Justices.
“I felt this needed to be discussed and resolved with the magistrate since I did not want to participate in a culture of unfair practices against black defendants,” she said.
“I have no doubt that I have been racially discriminated against and victimised over the years for raising concerns of racial discrimination against black defendants and in particular for the incident which I raised back in 1999.”
She told the tribunal that ever since making that report she was “blocked” from becoming bench chairman by senior white magistrates, despite obtaining the relevant training, and was banned from sitting in remand courts.
She said those magistrates manufactured two complaints against her before “unlawfully” stopping her sitting at the court.
“By preventing me from becoming a court chairman, I have been denied the same opportunities as my fellow white magistrates sitting in court on Tuesdays who although they have given less service to the magistracy have been appointed court chairmen,” she said.
In her statement she lists those white magistrates who have been appointed as chairmen of the bench. She expressed an interest in becoming a chairman and a mentor for new magistrates in 2000.
“I am the longest serving black magistrate sitting on Tuesdays and the second longest serving black female magistrate serving at Enfield Magistrates’ Court,” she said. “I am now in my 15th year and still there is not a black court chairman or black mentor on the Tuesday bench and there is not a black female chair or black mentor with Enfield.”
During questioning she admitted that she was aware of one of other black chairman at Enfield who sat on different days.
“I feel I have been bullied and victimised by Enfield Magistrates’ Court and the North West Advisory Committee,” she added.
Miss Josiah, from Palmers Green, North London, said the two complaints lodged against her by senior court staff left her “in tears, feeling stressed and harassed” and at one point contemplating resignation, a decision she rejected because of support from her family.
The Ministry of Justice denies her claim. The hearing continues.
Source:the times
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