Part-time sheriff dismissed over 'vulgar' comments attacking inquiry chair
A part-time sheriff who accused the chair of the Scottish Child Abuse Inquiry of being a 'monster', 'deranged' and 'evil' has been removed from office.
John Halley, an author and member of the Faculty of Advocates, was appointed as junior counsel to the Scottish Child Abuse Inquiry (SCAI) in October 2015 but was dismissed in April 2019, and posted a series of social media posts regarding chair of the inquiry, Lady Smith.
In 2020, he was investigated for 'misbehaviour' regarding Twitter posts and public statements between May 2019 and December 2019.
A probe around 'unfitness for office by reason of misbehaviour', led by Judge Lord Bracadale, found that 'it is inappropriate for a judicial office holder to conduct a campaign against another member of the judiciary in such a confrontational and public way… Such conduct is improper and not consistent with the dignity of judicial office'.
Mr Halley brought a case against Lady Smith in an employment tribunal in July 2019, alleging disability discrimination, but withdrew his claim in December, and the proceedings were dismissed that month.
In a series of statements in May 2019 he alleged that from September 1 2016 he had to suffer disability discrimination, harassment and victimisation by Lady Smith and accused her of being 'a danger to cancer sufferers at work'; and less than a month later, he branded her a 'serious danger to cancer sufferers'.
In December 2019, he repeated the allegations to a broadcaster.
However, a ruling issued on Wednesday found Mr Halley had the option to follow a formal grievance process, and was expected to behave with 'dignity' in his role.
Procedures around fitness for office were postponed until February 2023, following a judicial review.
However in several months in 2023, Mr Halley again posted on Twitter criticising Lady Smith, including calling her 'deranged', a 'monster' and a 'bully', and sharing an excerpt of his book, A Judicial Monstering – Child Sexual Abuse Cover Up and Corruption in Scotland.
Mr Halley claimed by raising a case at the employment tribunal he had the right to be protected from allegations of 'misbehaviour' and claimed the communications did not constitute this.
However, he was dismissed from his role on the basis that his posts amounted to 'personal attacks' and became 'progressively worse over time'.
A report said: 'The fundamental problem for the judicial office holder is that it is not possible to identify anything which might reasonably and properly be categorised as a protected disclosure of information as opposed to mere vulgar abuse and vituperation, repeatedly made in the most unprofessional of terms.
'There is therefore in the present case no risk of confusing any protected disclosure with the terms in which it is advanced.'
It added that 'communications were not framed in the way one might expect from a professional judge, conscious of the dignity of the office, exercising appropriate restraint, and aware of the need to preserve public confidence; rather the tone was offensive, vulgar and confrontational.
'The communications certainly amounted to a public attack on the character and integrity of a fellow judge.'
It continued: 'The communications referred to the chair of the inquiry as evil, corrupt, a monster, who had manufactured false criminal charges against him to get him arrested, and who was a bully who had treated him viciously, an abuser, a danger to cancer sufferers, evil and deranged, questioning whether she was a normal, compassionate, rational human being, and saying that she was a person who was guilty of the abuse of public funds.
'The tenor of the communications, and the language used, becomes progressively worse over time and it is not unreasonable to categorise it as a campaign of personal abuse addressed to the inquiry chair.'
It said the messages 'are seriously lacking in dignity…. not simply rash or intemperate comments showing a one-off lack of judgment. They evidence a sustained lack of judgment over an extended period of time.'
The report said Mr Halley had 'brought the office of sheriff into disrepute'.
It added: 'We are satisfied that (Mr Halley) is unfit to hold office by reason of misbehaviour.'
A statement from the Scottish Government said: 'Given the gravity of the tribunal's findings, the First Minister accepted there are compelling reasons to remove part-time Sheriff Halley and has taken that decision.'
The SCAI has been contacted for comment.
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