Wednesday 14 October 2009

Justice Underhill - Over the Hill on Bias


Justice Underhill Honoured for his Service to Zionist Labour Party Mafia

This was not a good day for Mr. Justice Underhill in the High Court since he was appointed President of EAT (a beneficiary of Labour Party) and the Racist mafia of the Commission on Equality & Human Rights (CEHR) & Trevor Phillips who is more popularly known in the media for "Cash for Racism Scandal". CEHR and its former and present bosses, Mr Phillips, Mr Gurbux Singh were represented by Mr. Allen QC, Head of Cloister Chambers (Labour Party Associated Chamber) and Mr John Hendy, QC represented Prof. Deman. At the very outset, Mr Hendy, QC very eloquently outlined an application for Mr. Justice Underhill's recusal due to unresolved complaints to Judicial Ombudsman for his professional conduct and racial bias. Mr. Hendy shown a great deal generosity when he told Mr Justice Underhill that last night Dr Deman had faxed him his grounds for recusal outlining both facts and law and that he didn't have to add anything unless there are any questions on facts and law. However, Mr Justice Underhill did not rule on recusal application until afternoon after he had sorted out a way to get himself off the hook. He ruled as follows:

1. As to assessor's point and amendment he directed that Appellants Notice should have been lodge in the Court of Appeal as this was the intention of HHJ Collins although there is nothing in the Order or reasons except tick mark. Of course, we will have to lodge a fresh Notice of Appeal. Mr Hendy says, most likely Cour of Appeal would allow as HHJ Collin's got it wrong.

2. On the second limb of permission to appeal on substantive ground, there was some technical problem whether he could refer this to Cour of Appeal (CA). To overcome, the CPR he granted permission to appeal on second limb and referred the entire case to CA for a full hearing. It is worth noting that since then Dr Deman appeared before HHJ Collin's and he was seen behaving like a lamb, i.e, in best of his behaviour.

At the outset Mr Hendy, QC asked Mr Justice Underhill to make above two Orders which he had done like a good boy despite opposition by the Defendants' leading counsel, Mr Allen, QC. Due to high profile nature of the case, a number of observers including, Mr C Kumar, Coordinator of CEM, Dr. Antony Tambyrajah, Ms T.O.Olaleye-Oruene, the CEO of the Olabisi Olaleye Foundation, Ms Jackqueline Challenger, A. J. Graham attended the court. Hearing continued for 4 hours and throughout the hearing Mr Justice Underhill's chin was down as this was for the third time an application was made by leading counsels (earlier Ms Karon Monaghan, QC and Mr Barton of counsel) for his recusal, which we consider shocking to judicial conscience. There is well known saying, "Imperialism changes its face but never its nature". We don't know how far it is true but we know for sure, "Racism changes its face but never its nature".

17 September 2009 from High Court, London

Friday 9 October 2009

Obituary: John Davies, QC - A Great Loss to Legal Profession

TRIBUTE TO A GREAT MAN
ETHNIC MINORITIES LOST A GREAT FRIEND

It was a shocking news and when we heard about sudden demise of John Davies QC. We are told that he had just returned from honey moon and then suddenly had a massive heard attack. All of were devastated with the said news and we can't even imagine what his wife Barbara Davies will going through. He left one daughter age 16.

Mr Davies was not only a leading Barrister but he was also a very descent human being who never hesitated to take on high profile people and also judges of the EAT and the Court of Appeal. One could disagree with him without causing any hard feelings. He was very witty and I recall once I told him that some times victims can be even worse when they get their hands on power. He smiled and said, look at what is happening to the Palestinians.

Perhaps everyone knows he represnetd me in most of my cases at the Tribunal, EAT and the Court of Appeal. A number of observers used to attend the court whenever my case up for a hearing. In one of his opinions on my cases, he advised the CRE and rejected erroenous assertion of a vexatious litigant and characeterised me as a persistant litigant, who screwed the employers and the judiciary. Mr Davies was very popular with the Ethnic Minority people who have shown a great degree of confidence in his professional integrity. In my own case, I approached the Commission on Racial Equality (now called CEHR), Greenwich Racial Equality Council, Law Centre, National Civil Rights Association & others run by Labour Party racist mafia who told me that I had no case against my employer, the University of Greenwich & others. Mr John Davies put a percentage of success between 60-65% and then won at the hearing on my behalf. At the last day of submission, my estranged wife attended his closing submissions and described him as a good orator and better than some of my lawyers which she had seen in the past. I do not believe any other Counsel ever acted for behalf of so many individuals from ethnic minorities as Mr Davies did.

Further when Dr D'Silva and myself were betrayed by the CRE, Themside Racial Equality Council, Law Centres and our own Union, AUT, NATFHE, and UCU, Mr Davies stood by us. His notable cases are: Mr Justice Lindsay, President of the EAT, then he was, reversed in the Court of Appeal in Deman v Association of University Teachers, Lord David Triesman, Joanna DeGroot, Brian Everett, Geoffrey Talbot and he also succeeded in recusing Central London Employment Judge Solomon and HHJ McMullen, QC at the EAT in the same case when it was referred to the EAT for a rehearing. Mr Justice Elias, President of EAT, then he was, refused to recuse by concealing his close association with Mr Michael Scott, AUT solicitor but then wihtin after 6 month, Mr Davies' junior colleague, Mr Dale Martin exposed Mr Justice Elias and forced him to recuse (http://cemkumar.googlepages.com/bumpyrideateat). Of course, he won Dr Deman's claims of racial discrimination, victimisation and unfair dismissal against the University of Greenwich, Russell Brockett and Ross Geddes at the Ashford Tribunal in 2002. Mr Davies will always be remembered.

Regards,

Regards, C.Kumar & Mrs S. Mahadevan,

CoordinatorsCouncil Of Ethnic Minority (CEM)
PO Box 17517
London SE9 2ZP
Tel & Fax: 02088594657 & Mob: 07525857351