Lord J. Sedley and Lord J. Ward Struckout HHJ McMullen QC's Racist Comments
Dr. D'Silva v UCU, Michael Scot, & others
( A2/2009/0258, A2/2009/0275, & A2/2009/0276 )
On 14th October 2009 Court of Appeal headed by Lord Justice Ward and Lord Justice Sedley struckout HHJ McMullen's stereotype racist comment about the CEM from his Order. It was an unsual hearing in which first permission was granted and then the appeal was heard on full merit. Although the University College Union and ORS requested an oral hearing they did not have mcuh to say or oppose Appeal Court's decision to struck out HHJ McMullen's Racist nonsense from his Order. Prior to making their judgment Lord Ward informed Dr D'Silva, Dr Deman (as a McKenzie friend assisted Dr D'Silva) and others present that Lady Smith, who was initially scheduled to hear his appeal, recused herself because she has been the Chancellor of Manchester Metropolitan University although his appeal was against the UCU and its Labour Party mafia. Therefore, it is no longer safe for judges not to step down even if there was a remote possibility of the conflict of interest. However, Mr Justice Underhill QC, Mr Justice Elias, HHJ McMullen, HHJ Peter Clarke, etc., "Gang of Four" have been flouting this very principle for a long time to deny a fair hearing (http://cemkumar.googlepages.com/). Lord J Ward aksed the appellant what does he do for living? Dr D'Silva said, we are academics in the University. Their Lordships said we should quit academics and become lawyers. It was great compliment. A chronology of Dr D'Silva's appeal is as follows:
On the 29th August 2008, the Council for Ethnic Minority (CEM) sent to Pauline Donleavy, Registrar EAT, Dr Suresh Deman and Mr Andrew J. Graham's affidavits in support of his grounds of appeal on bias. In the penultimate sentence, CEM expressed its view about the conduct of the tribunals as follows:
"In view of above background we strongly urge you disclose members of the Judiciary and your connections with Zionist Labour Party mafia and employers.”
HHJ McMullen gave racist interpretation to CEM's request and said as follows:
“Before I make orders in this appeal I will expressly dismiss the applications made by the Council for Ethnic Minority for disclosure of Judges’ interests. I reject as repugnant the unspecified stereotypical racism in their letter of the 29th day of August 2008 concerning Zionism and party politics”
The CEM’s request in regard to the disclosure of Judges interests and connections with the Labour Party Zionist mafia should not cause offence as it was consistent with the aims of the CEHR (formerly known as CRE) who at parag 17 of their submissions to Ministry of Justice said as follows:
“A New way of Appointing Judges” state that the following principles should underlie the procedure for appointing judges: independence, transparency, quality and accountability. Further the document goes on to state that it acts as a check on the Executive demands that judges are free and seen to be free from political interference, influence and patronage.
This is essential to secure public confidence and legitimacy. HHJ McMullen’s dismissal of the application for disclosure goes nowhere in securing public confidence in regard to transparency or as a check of freedom from political interference, influence and patronage given the House of Lords has become a caucus-run body of the Labour Party.
Further a request of the racial origin is important in view of the Pennsylvania Study in regard to Institutional racism in the judiciary and in the administration of justice carried out by Dr Deman's friend who was the Executive Director of the Program sponsored by Federal Courts.
HHJ McMullen’s second statement that he considers the use of the term Zionism and party politics as unspecified stereotypical racism reflects his own stereotype mind set and he chose to to put in his order to prejudice the Judge who would eventually hear the claimant’s appeal.
In Dr. D’Silva v NATFHE [UCU], Michael Scott & Others EAT/PA/1161/06/LA, Mr Justice drew Mr Dale Martin's attention CEM’s in which they complaint that he belonged to a Zionist-Labour Party Mafia. Mr. Justice Elias said that he was not Jewish. On this Mr. Martin’s told him, “Your ethnicity is irrelevant as you could still support that regime” (http://cemkumar.googlepages.com/bumpyrideateat). Mr. Justice Elias accepted Mr. Martin’s submission without taking any offence.
The CEM’s request was for disclosure of his connections with “Zionist Labour Party mafia and employers”. The recent scandal of fund raising (see article by Gilad Atzmon, Jewish: Bundle 2; pages 3-4) of the British Labour Party undertaken by Lord Levy “cash for honours scandal”, Abraham and Mendelssohn and their connection with “Friends of Israel” shows that political influence, patronage and indirect racism practised by such a movement influences the Labour Party. No reasonable person with an independent mind could characterise the CEM request, “as repugnant the unspecified stereotypical racism”. Further a well known MIT Professor, Noam Chomsky, Jewish also condemned Zionism being the highest form of racism and a UN resolution could not become a reality outlawing Zionism as Racism because of US threat of Veto.
On 14th October 2009 Court of Appeal headed by Lord Justice Ward and Lord Justice Sedley struckout HHJ McMullen's stereotype racist comment about the CEM from his Order. It was an unsual hearing in which first permission was granted and then the appeal was heard on full merit. Although the University College Union and ORS requested an oral hearing they did not have mcuh to say or oppose Appeal Court's decision to struck out HHJ McMullen's Racist nonsense from his Order. Prior to making their judgment Lord Ward informed Dr D'Silva, Dr Deman (as a McKenzie friend assisted Dr D'Silva) and others present that Lady Smith, who was initially scheduled to hear his appeal, recused herself because she has been the Chancellor of Manchester Metropolitan University although his appeal was against the UCU and its Labour Party mafia. Therefore, it is no longer safe for judges not to step down even if there was a remote possibility of the conflict of interest. However, Mr Justice Underhill QC, Mr Justice Elias, HHJ McMullen, HHJ Peter Clarke, etc., "Gang of Four" have been flouting this very principle for a long time to deny a fair hearing (http://cemkumar.googlepages.com/). Lord J Ward aksed the appellant what does he do for living? Dr D'Silva said, we are academics in the University. Their Lordships said we should quit academics and become lawyers. It was great compliment. A chronology of Dr D'Silva's appeal is as follows:
On the 29th August 2008, the Council for Ethnic Minority (CEM) sent to Pauline Donleavy, Registrar EAT, Dr Suresh Deman and Mr Andrew J. Graham's affidavits in support of his grounds of appeal on bias. In the penultimate sentence, CEM expressed its view about the conduct of the tribunals as follows:
"In view of above background we strongly urge you disclose members of the Judiciary and your connections with Zionist Labour Party mafia and employers.”
HHJ McMullen gave racist interpretation to CEM's request and said as follows:
“Before I make orders in this appeal I will expressly dismiss the applications made by the Council for Ethnic Minority for disclosure of Judges’ interests. I reject as repugnant the unspecified stereotypical racism in their letter of the 29th day of August 2008 concerning Zionism and party politics”
The CEM’s request in regard to the disclosure of Judges interests and connections with the Labour Party Zionist mafia should not cause offence as it was consistent with the aims of the CEHR (formerly known as CRE) who at parag 17 of their submissions to Ministry of Justice said as follows:
“A New way of Appointing Judges” state that the following principles should underlie the procedure for appointing judges: independence, transparency, quality and accountability. Further the document goes on to state that it acts as a check on the Executive demands that judges are free and seen to be free from political interference, influence and patronage.
This is essential to secure public confidence and legitimacy. HHJ McMullen’s dismissal of the application for disclosure goes nowhere in securing public confidence in regard to transparency or as a check of freedom from political interference, influence and patronage given the House of Lords has become a caucus-run body of the Labour Party.
Further a request of the racial origin is important in view of the Pennsylvania Study in regard to Institutional racism in the judiciary and in the administration of justice carried out by Dr Deman's friend who was the Executive Director of the Program sponsored by Federal Courts.
HHJ McMullen’s second statement that he considers the use of the term Zionism and party politics as unspecified stereotypical racism reflects his own stereotype mind set and he chose to to put in his order to prejudice the Judge who would eventually hear the claimant’s appeal.
In Dr. D’Silva v NATFHE [UCU], Michael Scott & Others EAT/PA/1161/06/LA, Mr Justice drew Mr Dale Martin's attention CEM’s in which they complaint that he belonged to a Zionist-Labour Party Mafia. Mr. Justice Elias said that he was not Jewish. On this Mr. Martin’s told him, “Your ethnicity is irrelevant as you could still support that regime” (http://cemkumar.googlepages.com/bumpyrideateat). Mr. Justice Elias accepted Mr. Martin’s submission without taking any offence.
The CEM’s request was for disclosure of his connections with “Zionist Labour Party mafia and employers”. The recent scandal of fund raising (see article by Gilad Atzmon, Jewish: Bundle 2; pages 3-4) of the British Labour Party undertaken by Lord Levy “cash for honours scandal”, Abraham and Mendelssohn and their connection with “Friends of Israel” shows that political influence, patronage and indirect racism practised by such a movement influences the Labour Party. No reasonable person with an independent mind could characterise the CEM request, “as repugnant the unspecified stereotypical racism”. Further a well known MIT Professor, Noam Chomsky, Jewish also condemned Zionism being the highest form of racism and a UN resolution could not become a reality outlawing Zionism as Racism because of US threat of Veto.
Dr. Claudius D'Silva, BSc, MSc. PhD, FRSC
