Judge Warner facing official Judicial Investigation
Crown Court Judge Warner who presided over the Crown Court appeal commonly known as 'Stitch up in Stevenage' is now under investigation by the Judicial Conduct Investigations Office.
Judge Warner is now required to give his response to this complaint. This complaint arises from events during the course of the Crown Court appeal held in St Albans Crown Court. Evidence submitted with the complaint illustrates that Judge Warner gave a false statement to avoid stepping down following a recusal application.
The recusal application related to Judge Warner's order to a Police Constable in the court. This order was to bar Michael Doherty entry to the court and then have him removed from the court building.
Subsequent investigations into this incident have confirmed that Mr Doherty had acted perfectly properly, indeed the Court apologised for the actions of court staff. Further, indications from the subsequent investigation has confirmed, following legal advice, that the instructions of the Judge 'may' have been unlawful.
The court case before HHJ Warner related to the unlawful removal of Michael Doherty, Director of JusticeNOW, from Cambridge Magistrates Court. A subsequent claim that he 'assaulted' a Court Security Officer during that removal became the charge before HHJ Warner. In simple terms the recusal application made on the 16th of October 2013 stated that HHJ Warner had demonstrated in his actions, that his threshold for the removal of an individual from a court was zero. i.e he was prepared to order the removal of a member of the public from an English court, a member of the public who was conducting themselves perfectly legitimately.
HHJ Warner was invited to recuse himself from presiding over the hearing as there was a clear 'appearance of bias' in his actions. In resisting the application, HHJ Warner claimed that he did not order for Michael Doherty to be removed from the court. Evidence gathered subsequently indicates that this is not the case, hence the current investigation.
The 'Stitch up in Stevenage' appeal before HHJ Warner resulted in conviction, in what was clearly a pre-judged decision. Indeed staggeringly the court paperwork demonstrated that the 'conviction' was made in July 2013, some 3 months before the court case had indeed been concluded.
In addition to the Judicial Complaint, the matter has been appealed to the Court of Appeal. There are further significant developments in this case which will be breaking news when it surfaces... more soon.