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Court dealt with black defendants unfairly, says race claim JP
Paul Cheston, Courts Correspondent14 Apr 2009
A black magistrate was shunned and overlooked for promotion because she highlighted racist treatment of black defendants, a tribunal heard today.
Iris Josiah, who is claiming racial discrimination, said there was a "culture of unfair practices against black defendants" among Justices of the Peace in Enfield.
She alleged that her fellow lay justices were too quick to find black people guilty and gave them harsher punishments that white defendants.
The college lecturer claimed that after raising her concerns she was victimised and humiliated by senior managers at the court, who blocked her from becoming a court chairman despite her having the necessary training and experience.
She also said some of her colleagues tried to have her expelled as a magistrate, her opinion was ignored during deliberations and she was not invited to social functions at the white-dominated court.
Ms Josiah, a former councillor in Haringey and a JP in Enfield since 1995, said white magistrates with similar or even less experience were promoted above her while she was sidelined.
The mother-of-one, originally from Antigua, told Stratford employment tribunal today: "In the immediate years following my appointment as a magistrate I witnessed the hostile treatment of black defendants by some fellow magistrates.
"This included harsh remarks, severe sentencing, disregard for personal mitigation, easy findings of guilt irrespective of evidence and general unfair practice. Black defendants were most likely to be refused bail and most likely to be sentenced to prison.
"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."
She told the tribunal she was victimised after she made a complaint in June 1999 that she had witnessed unfair treatment against a black defendant by a female chairman. She sent her complaint to Stephen Carroll, the deputy clerk to the justices, and Kelvin Carr, chairman of the Enfield bench. She went on: "Since this incident in June 1999 I have been subjected to ongoing unfair treatment, racism, victimisation and harassment by senior members of Enfield Magistrates Court."
Ms Josiah, who lives in Palmers Green, said she was effectively demoted after her complaint as she was not allowed to sit in remand courts that dealt with more serious cases.
She has attended training courses to be a mentor to new magistrates and was appointed to a committee responsible for recruiting and interviewing volunteers. She also received training to act as chairman in court cases but was never allowed to take up the role. Another black magistrate on the Tuesday bench was the only one appointed before 1999 who had not been made court chairman, Ms Josiah claimed.
Later in 2007 she said Mr Carroll plus a lay magistrate and a legal adviser had made an official complaint against her, alleging she had apologised to a defence lawyer after his client was convicted, which she said is untrue. Ms Josiah, who is suspended, told the tribunal: "I have no doubt that the intention was to stop me from becoming a court manager and to have me expelled from the magistracy on the grounds of my race."
The Ministry of Justice denies Ms Josiah's claims of racial discrimination, harassment and victimisation.
The hearing continues.
