Secular society upset by Judge Cherie decision

A senior judge could be called on to investigate a complaint that Cherie Blair handed down a more lenient sentence to a man who had been convicted of fracturing a person’s jaw because he was religious.

Mrs Blair, a devout Roman Catholic who sits as a part time judge under the title Cherie Booth QC, spared Shamso Miah from jail last month after he was convicted of assaulting a person at a bank queue in east London.

The 25-year-old from Redbridge, north-east London, was given a two-year suspended sentence instead of a six-month jail term because, Mrs Blair said, he was a “religious person” who had not been in trouble before.

In response the National Secular Society made an official objection to the Judicial Complaints Office which handles complaints against members of the judiciary. Last night the OJC said the complaint was being “considered under the Judicial Discipline Regulations”. If it finds that Mrs Blair may have breached those regulations, a senior judge would then be brought in to investigate and could recommend formal disciplinary action.

Mrs Blair was hearing the case at the Inner London Crown Court on 23 January. The court heard how Mr Miah, who described himself as a devout Muslim, had punched Mohammed Furcan in the face following an argument with over who was first in a queue at a bank.

CCTV captured Mr Miah punching Mr Furcan in the face before running out the bank. When Mr Furcan followed him to demand why he had been hit, Mr Miah lashed out again knocking Mr Furcan to the pavement and breaking his jaw.

In court Mr Miah pleaded guilty to assault occasioning actual bodily harm. At sentencing, Mrs Blair appeared to take into account Mr Miah's religious convictions as a partial reason for imposing a more lenient sentence.

“I am going to suspend this sentence for the period of two years based on the fact you are a religious person and have not been in trouble before,” she said. “You caused a mild fracture to the jaw of a member of the public standing in a queue at Lloyds Bank. You are a religious man and you know this is not acceptable behaviour.”

Terry Sanderson, president of the NSS, said Mrs Blair comment’s appeared to show a “discriminatory and unjust” favouritism towards religious people and a presumption that people with faith are more entitled to leniency because they should have a stronger moral code than non-religious people.

“We feel it’s wrong that someone so high profile as Mrs Blair, and she is very high profile as a Catholic, should make such remarks in court,” he said. “The man was incredibly violent and broke someone’s jaw for no apparent reason. She said that he would have got a six month sentence but was suspending it because he was a religious man and would know he was doing wrong, which we feel implies that a non-religious person wouldn’t know it was wrong.”

He added: “We strongly feel that this kind of consideration should not play any part in sentencing. The idea that someone who is religious gets a lighter sentence is outrageous. The indications are that people are losing their religion very fast in this country, so it would disadvantage many people if they were treated more harshly in court than people who go to church.”

Jonathan Bartley, from the liberal Christian think-tank Ekklesia, agreed. “You can’t pretend religion is an irrelevant factor in assessing someone's behaviour because faith will always have some sort of an impact on how we behave,” he said. “However it would be very wrong to assume that just because a person is religious they will automatically be a good person. You only have to look back through history to know that is not the case.”

Independent Comment
blog comments powered by Disqus
Top stories
News in pictures
World news in pictures
UK news in pictures
UK news in pictures
More stories
       
Independent
Travel Shop
India and Shimla
14 nights from only £1899pp Find out more
Prague city break
Three nights from £199pp Find out more
4* Soreda hotel break, Malta
Seven nights all-inclusive from £399pp Find out more
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

Day In a Page

James Pembroke: The man who's eaten everywhere

The man who's eaten everywhere

Few people know more about restaurants than James Pembroke, who only spent five mealtimes at home during his entire childhood.
A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler?

A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler?

The young JFK praised 'superior' Nordic races during visits to Germany
Banned Iranian director Mohammad Rasoulof to attend Cannes Film Festival 2013, his first public appearance since prison

Banned Iranian director to attend Cannes Film Festival

Mohammad Rasoulof to make his first public appearance since being imprisoned three years ago
Seeing the larger picture: Inspiring images of space

Seeing the larger picture: Inspiring images of space

An exhibition explores images how photography has shaped astronomy
Eat Spam and carry on: Wartime pamphlets could teach us a thing or two about healthy, thrifty eating

Eat Spam and carry on

Wartime pamphlets could teach us a thing or two about healthy, thrifty eating
Facial hair: Cat beards and the purrrsuit of excellence

Facial hair

Cat beards and the purrrsuit of excellence
The 10 Best salt and pepper sets

The 10 Best salt and pepper sets

Whether they're for everyday use or to make your dining table look just right, it's worth getting a stylish shaker...
Ferran Soriano: Predicting success if Manchester City 'vision' is followed

Ferran Soriano: Predicting success if Manchester City 'vision' is followed

Chief executive says trophies will come if a 'core' of suitable players is in place
Thomas Müller: We couldn't handle losing a Champions League Final again

Thomas Müller: We couldn't handle losing a Champions League Final again

The Bayern Munich forward tells Tim Rich his side have to shed chokers' tag after two recent final defeats
Giro d'Italia: The Stelvio Pass - cycling's killer climb

The Stelvio Pass - cycling's killer climb

As the Giro d'Italia tackles the brutal climb, Simon Usborne takes on the snow and switchbacks – and soon realises what the fuss is about
National archives: Edward VIII’s phone calls - and how MI5 bugged them

Edward VIII’s phone calls - and how MI5 bugged them

Newly unearthed papers reveal a shocking extra dimension to the constitutional crisis over monarch’s abdication
Sent down at the Old Bailey: A tour of the world's most famous court

Sent down at the Old Bailey

A tour of the world's most famous court
Hollywood's random acts of red-carpet kindness

Hollywood's random acts of red-carpet kindness

The Hangover actor Zach Galifianakis’s date for his movie premieres isn’t arm candy  – it’s his 87-year-old friend who he saved from homelessness
British football scores an own goal

British football scores an own goal

Many managers barely survive a year in post. Martin Baker talks to experts who make a case for clubs using forensic business skills to find the best staff
James Lawton: Sergio Garcia cracks as major fault line opens up again

James Lawton

Sergio Garcia cracks as major fault line opens up again