JCIO 06/26

   

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Ms Shanelle Nwanaebi JP, of the South East London Local Justice Area, with a formal warning for misconduct.

Facts

On appointment, magistrates sign a declaration and undertaking which requires them to maintain the dignity, standing and good reputation of the magistracy at all times in their private, working and public life.

A complaint was made to the London Conduct Advisory Committee against Ms Nwanaebi by a member of His Majesty’s Courts and Tribunals Service (HMCTS). The complaint alleged that Ms Nwanaebi refused to return to court to deliver a verdict and acted in an argumentative and offensive manner towards her colleagues. Following the hearing, Ms Nwanaebi also made accusations against her fellow panel members.

Ms Nwanaebi’s Representations

Ms Nwanaebi stated that she left the court as she found the situation difficult to continue with and felt justice was not being done. She denied acting in the manner alleged and said her colleagues reacted adversely to being challenged by a younger magistrate. She also apologised for not returning to deliver the verdict, acknowledged the reputational impact on the magistracy, and committed to ensuring her conduct aligns with the declaration and undertaking for magistrates.

Nominated Committee Member’s Findings

Following an investigation, the nominated committee member (NCM) found that although Ms Nwanaebi’s words were challenging, they were not offensive. The NCM found that Ms Nwanaebi’s refusal to return to court and deliver the majority verdict constituted misconduct. The NCM also found that Ms Nwanaebi’s accusations about her colleagues were unsupported by any evidence and were unwarranted, and that this behaviour amounted to misconduct.

The NCM recommended that Ms Nwanaebi be issued with a reprimand for serious misconduct. In doing so, she took into account that the decision not to return to the courtroom represented a serious failure to uphold judicial responsibilities, compounded by the unfounded accusation towards her colleagues.

In mitigation, she considered that Ms Nwanaebi had no previous findings of misconduct, had expressed remorse, and had since sat with one of her colleagues without issue.

Decision

Having considered the mitigation offered by Ms Nwanaebi, Mr Justice Keehan and Lord Chancellor disagreed with the NCM’s recommendation of reprimand. They decided that, based on the facts, a formal warning would be appropriate. 
 

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk 

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website