Frances Gibb, Legal Editor
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A High Court judge who told a sheikh involved in a multimillion-pound divorce battle that he could choose to “depart on his flying carpet” has been ordered to step down from the case.
Mr Justice Singer was also forced to apologise publicly after being roundly castigated by senior judges for apparently making “mocking and disparaging” remarks during a private hearing in the High Court Family Division.
Lord Justice Ward, sitting in the Court of Appeal, said that the judge had crossed the line of acceptability by making “thoroughly bad jokes which could be perceived as racially offensive”.
Mr Justice Singer admitted after the ruling that his comments had been “poorly chosen” but insisted that he had not intended to be racist.
A spokesman for the Office for Judicial Communications said that the Lord Chief Justice did not intend to take disciplinary action against the judge. However, the Office for Judicial Complaints can investigate the matter if a complaint is made.
Yesterday the Court of Appeal judges noted that Mr Justice Singer had said:
— That the sheikh could choose “to depart on his flying carpet” to escape paying costs
— That the sheikh should be available to attend hearings “at this relatively fast-free time of the year”
— That he should be in court so that “every grain of sand is sifted”
— And the sheikh’s evidence was “a bit gelatinous . . . like Turkish Delight”.
Sheikh Khalid Ben Abdfullah Rashid Alfawaz asked the judge to stand down on the ground that his remarks showed bias. When the judge refused, he took the case to the Court of Appeal, where a judge described it yesterday as “a singularly unsatisfactory, unfortunate and embarrassing matter”.
Lord Justice Ward said that Mr Justice Singer was a good judge, but added: “On this occasion he crossed the line between the tolerable and the impermissible.”
The case involves a claim by Wendy Ann El Farargy, 59, for a divorce settlement that is being contested by her husband, Nael Mahmoud El Farargy, 67. The appeal judge said that their finances were complicated, involving several offshore companies, one of which — McKellar Holdings Ltd — the sheikh claims to own. Lord Justice Ward explained that the couple lived in Qatar, then moved to Egypt, before returning to Britain.
Their final home was in Cobham, Surrey, which was bought for £1.7 million in 2003 in the name of McKellar, a British Virgin Islands company.
Immediately after the judgment by the Court of Appeal, Mr Justice Singer said in a statement: “I wish publicly to apologise to Sheikh Khalid Ben Abdfullah Rashid Alfawaz for these remarks. My comments were poorly chosen. They were not intended to be racist, nor have I ever intended any disrespect or disregard for the tenets of Islam, or for the sheikh’s Saudi nationality and Arab ethnicity. My judicial work and public speeches clearly demonstrate that I am in no sense racist.”
Mr Justice Singer was appointed as a High Court Judge in the Family Division in 1993 and is a past chairman of the Family Law Bar Association.
Lord Justice Ward said: “No little part of my embarrassment comes from my belief that the injection of a little humour lightens the load of high emotion that so often attends litigation and I am the very last judge to criticise laughter in court. For my part I am totally convinced that [the judge's] jokes were not meant to be racist and I unreservedly acquit the judge of any suggestion they were so intended.”
He and Lord Justices Mummery and Wilson allowed the sheikh’s appeal and ruled that Mr Justice Singer should, to use the legal terminology, recuse himself from the case.
'Who is Gazza'?
— During the trial of three men accused of terrorist offences in May, Judge Peter Openshaw said: “The trouble is I don't really understand what a website is.” He also asked a computer expert to “Keep it simple. We’ve got to start from basics”
— In 1990, the High Court Judge Sir Jeremiah LeRoy Harman famously asked: “Who is Gazza?” in a case involving the footballer Paul Gascoigne
— Judge James Pickles caused outrage when he jailed a single mother for shoplifting, telling her that women could not escape prison by getting pregnant
— Judge Ian Starforth Hill came under fire after saying that an eight-year-old girl rape victim was “not entirely an angel” in 1993. He was banned from hearing rape cases
— Judge John Prosser let a 15-year-old rapist go free, in 1993, ordering him to pay his teenage victim £500 “for a good holiday”. The Court of Appeal later increased the penalty to a two-year prison sentence
Source: Times Database
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"A Jewish judge (Peter Singer) involved in the divorce of a rich Arab? Bad judgement from the start in my view!"
A rather short sighted view to say the least, at worst out right racist.
To suggest a Jew will be biased against a Muslim no matter what the circumstances or personal beliefs of the man in question, is offensive.
Would you also object if the roles were reversed and the Judge in question were Muslim?
However, i do believe Mr Justice Singer may have gone a little too far with his comments and acted in an unprofessional manner considering not only what was said but how many times such comments were made.
His desire to inject humor into proceedings may have been mis-judged (no pun intended)
However, it is something of a mountain out of a mole hill.
Michael, London,
Good on ya, judge! Bowt like a good sense o' humour!
John Carter, Cirencester, UK
yet more tax payers money no doubt being spent on PC, fair enough the jokes were a bit wide off the mark but crikey, to sack him?
LB, Aberdeen, Scotland
Good for the Sheik to have the balls to take an obviously unsatisfactory judge to the Court of Appeal. After the judge had refused --surprise,surprise -to consider himself inappropriate. And very good for the Court of Appeal to "castigate" the judge .
It is crucial that we can all have confidence in impartiality at judgement. The repeated references to the Sheik's midlle eastern origin show not just a very poor sense of humour but a sneering inbuilt sense of cultural superiority which is totally unacceptable in the judiciary.
gerard, London,
The decision to remove the judge from this case was sensible. Regardless of whether his comments were truly racist, they gave reason for his impartiality in this case to be doubted.
Those who shriek "POLITICAL CORRECTNESS GONE MAD!!" would do well to read the whole article. He has not lost his job, and Lord Justice Ward said, "For my part I am totally convinced that [the judge's] jokes were not meant to be racist and I unreservedly acquit the judge of any suggestion they were so intended".
Peter Kelsall, Nottingham, UK
How about the judges remaining judges rather than becoming comedians? Nobody goes to court for some good laughs ...
alex, london,
To us superheo dads who have been either victim or McKenzie to much worse I offer the following:
" Your contact order with your son is meaningless"
(only drawn up by same judge and court 2 weeks earlier)
"You expect me to give my reasons for this order!!"
"You seriously expect this court to enforce its orders"
"Joint residence MR x? - This court does not do joint residence orders"
"Theres nothing we can do to make this mother co-operate" Then "what would you do? (to the father - amazing as if the father was able to sort it out he wouldnt be in the court).
then the ultimate piece de resistance:
"If you want a transcription of this case I suppose i'd better inform you now that the recording equipment is broken"
Time for F4JTubbies ...time for F4JTubbies!
John Beale, Bridgwater, Somerset
A judge is supposed to be professionally impartial. Globally it seems we have a problem with poor choices being made as to who sits on the Bench.
Karen, Adelaide, South Australia
"A Jewish judge (Peter Singer) involved in the divorce of a rich Arab? Bad judgement from the start in my view!"
Tariq Ali of Batley (is that in the Middle East?) is right. Jews shouldn't judge Arabs. And blacks shouldn't judge whites. In fact, in a white country, blacks shouldn't even judge blacks (O.J. Simpson). Mr Ali obviously thinks, like many of us, that multiculturalism is a depressing and unworkable minefield and that we should all stick to our own countries. Well said, old chap.
Lawrence, Liverpool, England
Sir,
It is surprising how many apparently fellow Brits on this site use the word "humor" is it not?
SC, London, United Kingdom
it might be very funny, but there's a time and a place for everything. Clearly if you are going to make a joke at someone's expense, a court of law is NOT the place to do it. I'm surprised that more wasn't made of; âat this relatively fast-free time of the yearâ . Very funny, but would the English find it so funny if a Saudi judge made a joke about 'crucifixation' around Easter at a Christians expense?
Simon Addinsell, London, United Kingdom
Adolf Hitler was "racially offensive".This man has either a sense of humour or likes to gently bait people.
Dean, Spain,
A Jewish judge (Peter Singer) involved in the divorce of a rich Arab? Bad judgement from the start in my view!
Tariq Ali, Batley,
A couple of jokes and a Saudi sheikh (is there any Saudi who isn't a sheikh) gets offended does he? Perhaps we might point out that the Saudi way of life, cutting off thieves hands, beheading, stoning and hanging teenaged girls for 'sex crimes', public executions every Friday before whooping mobs, demanding bribes to award contracts, and general medieval primitiveness in observance of human rights offends a lot of the world.
eric campbell, harrogate, uk
Another triumph for political correctness gone mad. Heaven help us from all these do good idiots ! Whatever has happened to satire ? When was it so wrong to have a laugh or poke a bit of fun at each other. It's no wonder that this country is in the state it's in. I've just come back from a holiday in Italy where they think we are mad because of the PC. When we people chill out ?
Martin, Heversham, England (And proud of it!)
Yet another victory for the thought police...
Richard, Norwich,
Jokes were funny. But all of you who think this is about political correctness are wrong. Sheikh thought the judge has already decided in favor of the wife. Why shouldn't he complain?
Igor, Ljubljana, Slovenia
There is always a thin line between humour and humiliation its ones duty to observe that one never crosses it
Chandini, Mumbai, India
Another triumph of political correctness over humour.
Roger Bower, Norwich,
"Judge dismissed after saying sheikh should 'depart on his flying carpet'"
That is ridiculous, i found the joke to be totally hilarious. It's just great British humor. Damn!
Mohammed, London, UK
Here dies wit, humour, analogy and the Irishman joke. Why oh why do we have to corrupt a way of life, thought, existance and humour to accomodate all. Before so long, every interllectual process God gave man, will be corrupted into an Aldous Huxley/Khmer Rouge way of thought.
.......For crying out loud!
Michael Randles, Birmingham, UK
Get a grip. It's a sad sad thing that so many Britons have been brain washed so much that they will immediately see the "harm" in these comments.
I suspect it was meant to inject some humor into the proceedings - I seriously doubt the Judge was itending these comments to be offensive.
If you can't laugh at yourself, you've got problems. If someone tries to be funny, and fails, and you can't inwardly groan, and quietly take the moral high ground, you need to check if you are actually the problem.
W Smith, Oldham,
This judge needs to be 're-educated' by the ministry of 'truth'.
Eugene, Chester, England
Personally I think the judgement was quite correct. 'Political correctness' is a daft term because it's all about fairness.
People have a right to be confident that they are being dealt with in a fair and unbiased way. If they are not then there are reasonable grounds for complaint.
That's same if you are up in front of a judge who might refer to you as a 'long haired git' or having your planning application heard by a local authority who refers to you as a 'greedy developer'
Both instances would suggest bias to the ordinary observer.
Robert, Hampshire, UK
You gotta laugh tho eh?
pete woodhouse, edinburgh, scotland
Rob and Sharon...are you for real?
In a court of law any perceived bias needs to be addressed. It is a very delicate balance. I'm not a Muslim or a Sheikh but can see how these remarks where wholly inappropriate and could affect the balance of a judgement.
I've started to have enough of these ignorant people blaming the whole of the world's ills on Political Correctness - get over it.
Sam, London,
The commets are curiously quite troubling as they suggest causal acceptance of the Judge's words even after he apologized. In addition to offence caused in any context, the fac this occurred in a court from a judge makes it a big deal. A person to whom such comments are directed cannot but suspect he will not get a fair trial before such a loose lip Judge. Do fair trials and impartial judges with fine temperament still matter in our judicial system..
Ros, St. Louis, Missouri USA
Imagine a Saudi judge making jokes about a Scottish defendent, about hiding money up his kilt or doing a disappearing act in Brigadoon. Would your average Marxist Lentilist cry foul? Of course not. Why? Because white liberals don't consider Scottish culture inferior to Middle-Eastern culture.
When cultural insensitivity cannot be applied equally, then clearly there is the perception of cultural inequality. When white liberals cry 'racism', they are often revealing their own innate racism. Just as it is insensitive to joke about the disabled, so it is insensitive to joke about those with 'inferior' cultures.
Eugene, Chester, England
Mr Justce Singer should not resign, what is wrong with us if, where isthe offence in what he said?
David, Lancaster, UK
The comment isn't racist. We have to stop, as a society, being terrified of insulting muslims and Islam and get some sense of proportion in these matters.
Sharon, London, UK
Out of the abundance of the heart does the mouth speak...
Annie, Cambridge, UK
Ludicrous political correctness. Carpets, sand, Turkish Delight... these casual remarks cause proceedings to grind to a halt as the Sheikh takes theatrical offence? Oh please.
Yes, let's all fall over backwards apologising, but perhaps one might pause to ask how was the Sheikh's case progressing before such terrible offence was given (and gratefully taken?)
And can The Times please change this misleading and incorrect story title. The use of the modal "should" gives an entirely false impression of what was actually said, as reported in the body of the story.
Rob, Dubai, UAE
was this written by the same writer of judge john deed.
reads like one of his stories.
george william taylor, hull, uk
It's interesting that this judge is castigated for "remarks" made about a wealthy foreigner whose delicate feelings might be hurt, yet none of the insane decisions handed down by the judiciary (early release for Chris Langham let's say) even raise an eyebrow?? Why?Answers on a postcard pleeeze!!!
Catherine, Denver, CO, USA