Mentally Unfit 的法官

Top judge scolded for ‘shocking and disgraceful’ behaviour ‘mentally unfit’ to face disciplinary inquiry

Mr Justice Peter Smith has been “signed off sick”


A High Court judge, whose letter to a top QC was branded “shocking and disgraceful” by the Court of Appeal, is unable to defend himself at a disciplinary inquiry because he is “mentally unfit”, according to a report this morning.

Judge Peter Smith, 64, penned an astonishing letter toBlackstone Chambers’ head Anthony Peto QC back in December 2015, in which the top judge pledged that he “will no longer support” the well-respected public law set.

The letter — which circulated Twitter before hitting the national press — was branded “shocking and disgraceful” in a Court of Appeal ruling in the case ofHarb v HRH Prince Abdul Aziz Bin Fahd, which Smith had originally presided over and in which Blackstone Chambers had represented the losing party. A £20 million award made by Smith was set aside by Master of the Rolls Lord Dyson, and a retrial was subsequently ordered.

Now, according to a report in The Times (£), the top judge is “understood to be mentally unfit to defend himself in a disciplinary inquiry”. The newspaper further claims that Smith “has been signed off sick and may never return to work.”

As well as the highly critical letter, the Judicial Conduct and Investigations Office (JCIO) is also considering a complaint in relation to the Chancery judge’s handling of a case involving British Airways (BA).

During a separate hearing, Smith embarked on his — now infamous — ‘lost luggage rant’, complaining his suitcase went missing during a BA flight back from Italy.

A spokesperson for the judiciary said:

Mr Justice Smith has agreed to refrain from sitting at the present time.

Refusing to confirm whether Smith was “mentally unfit”, a spokesperson for the JCIO said:

The JCIO investigation into the BA matter is continuing.
(2/8/2016 The Legal Cheek)

對上一次評論Peter Smith是兩個半月前寫的這一篇: 行李引起的司法風波。英國司法機構都算爽手, 紀律聆訊一下子就到位, 值得香港醫委會借鏡, 如果不用三、五、七年才對醫生進行紀律聆訊, 最近醫委會的修例就不用因拉布而拉倒了。Peter Smith下馬, 紀律聆訊因他mentally unfit而辦不成, 理由是真是假, 可能精神科醫生也評估不到。從他這件事的言行來看, 我覺得他一定是judicially unfit, 他的行為完全不能展示高級司法人員的應有質素, 我真的有點訝異。這mentally unfit的講法, 其實是下馬的下台階, 為英國司法機構留點情面, 就當他精神健康出問題作為幌子蒙混過去, 用了比罷官好聽一點的理由, 減輕司法機構的污斑。話時話, 香港司法機構有紀律聆訊嗎? 專揭陰私的傳媒都無本事揭出來, 可見這種大內機密冚得幾實。我沒有任何暗示, 甚麼也不知, 不要胡思亂想。真的是mentally出問題而墮樓的Simon, 已是好幾年前的事了, 想起也使人唏噓。