Judge in 'chilli hot sex' blackmail case to keep his £110,000-year-job

Mohammed Ilyas Khan will not be sacked despite his relationship with Roselane Driza, 38, which emerged when she was charged with blackmailing a woman judge, only known as Judge J.

It was revealed at the cleaner's trial in 2006 that the judge was living with her and had sent her text messages, telling her she was "chilli hot" and a "lovely shag".

Calls were made for Judge Khan, 62, to be sacked for bringing the judiciary into disrepute after the trial but the judicial watchdog has decided he will keep his job.

An inquiry ruled he and Judge J had shown "poor judgement" but that he should not lose his £110,812 salary as well as his full pension entitlement.

But it decided employing an illegal migrant was not sufficient grounds for dismissal. 

Lord Phillips said: "The Lord Chancellor and I have today decided to close the conduct investigation into allegations against Immigration Judge Khan and the former Immigration Judge, known as Judge J.

"We have concluded on the basic evidence available to us that they demonstrated poor judgment in offering paid work to Ms Driza, without being assured of her immigration status.

"We have informed both of them that in our view their decision to engage Ms Driza in these circumstances was ill judged, particularly in the light of the jurisdiction within which they both worked.

"We have also informed them that we will not pursue any further detailed enquiries into this matter given that Mr Khan continues to suffer from ill health and Judge J no longer holds judicial appointment."

Poor judgement: Both judges employed Ms Driza as a cleaner although she was an illegal immigrant

Judge Khan, who presided over immigration cases at the Government's Asylum and Immigration Tribunal, has already earned around £170,000 on gardening leave since agreeing to stand down while the investigation took place.

He is unlikely to return to work despite the ruling because of illness. It is understood his poor health means it is unlikely he will conduct any future hearings and could be forced to retire early.

The protracted investigation began 19 months ago when Ms Driza's trial was abandoned after new evidence questioned claims made by Judge J, who also employed her as a cleaner.

She was initially jailed for attempting to blackmail the female judge and stealing videos of Judge Khan having sex with J and another woman.

But the cleaner was later freed on appeal and cleared after the Crown Prosecution Service decided against a re-trial because both Judge Khan and the female judge were deemed too ill to give evidence.

The subsequent inquiry focused on the allegation Judge Khan employed her as a cleaner despite knowing she was in the country illegally.

It is understood the Office for Judicial Complaints, which conducted the inquiry, felt that he was not guilty of the gross level of misconduct required to remove a judge.

One reason is that although potentially exposing the judiciary to ridicule, his lewd texts and sexual conduct were not deemed to be relevant to any decision over his suitability as a judge.

Officials today refused to comment on the inquiry's findings ahead of their formal publication.

Ms Driza, who entered Britain in 1998 as a tourist, remains here despite having had no legal right since 1999.