JCIO 100/24

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Mr Abdul Malik JP of the Avon and Somerset Bench with a formal warning for misconduct.

Facts

On appointment, magistrates sign a declaration and undertaking, which includes a commitment to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times. It also includes a commitment to notify their bench chair of any matters which may affect their reputation or standing, or that of the magistracy. Additionally, social media guidance reminds office holders of the risk of undermining trust and confidence in the judiciary by expressing, or appearing to endorse, views which could cast doubt on their objectivity.

In October 2023, a post from ‘MPAC. Nigeria’ appeared on Mr Malik’s Facebook timeline, containing a video from Hamas regarding their attack on Southern Israel. When the post gained media attention in spring 2024, Mr Malik provided a statement to the press claiming that he had been tagged in the post by someone else and that it had appeared on his timeline because his account was not protected. He gave the same explanation to his bench chair. His denial of responsibility was challenged in the press and, following this, he informed his bench chair that he had discovered he must have shared the post himself.

Mr Malik’s representations

An investigation was carried out by the South-West Region Conduct Advisory Committee under the Judicial Conduct (Magistrates) Rules 2023 and Mr Malik’s representations were requested. He explained that he had shared the post believing it came from a UK-based charity which uses a similar acronym and advocates for humanitarian aid in Palestine. He explained that he had shared the post without checking its source or content, and did not endorse it, comment on it or ‘like’ it. He agreed the post was offensive and he emphasised that he does not support Hamas. He said he had been consistently critical of Hamas in his position as chair of a large mosque in Bristol. He removed the post as soon as he became aware of it and said he regretted sharing it and had learned from the incident.

Mr Malik said his initial explanation to the press and his bench chair was given in good faith based on his understanding at the time, which he later realised was not correct. He had not initially notified his bench chair of the matter as he did not fully comprehend the potential implications. He repeatedly apologised for his behaviour and indicated measures he would take to ensure a similar incident did not occur in future.

Findings

The matter was considered by a nominated committee member (NCM), who found that Mr Malik’s actions amounted to serious misconduct. The NCM found that Mr Malik failed to exercise due care and diligence, both in his sharing of the post and in his initial denial of responsibility, which was publicly discredited and compounded the damage caused by the initial sharing of the post. The NCM also found that Mr Malik had failed to disclose the matter to his bench chair when it first gained media attention. The NCM found that Mr Malik’s actions had a detrimental effect upon the dignity, standing and good reputation of the magistracy.

In recommending a formal warning, the NCM took into consideration Mr Malik’s previously unblemished conduct record and good standing within the community, including in his role as chair of a large mosque. After Mr Malik accepted that he shared the post, he had been consistently remorseful. He repeatedly apologised, expressed contempt for Hamas and gave assurances as to his future conduct. The NCM found Mr Malik’s statements sincere and consistent with his exemplary actions in the local community.

Decision

Having considered the mitigation offered by Mr Malik, Mr Justice Keehan and the Lord Chancellor agreed with the NCM’s recommendation.

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website