A coroner overheard describing a lawyer’s arguments as “b******s” amid an inquest has been handed a formal warning for misconduct.
Shropshire assistant coroner Heath Westerman’s comments after a hearing were “inappropriate and prejudicial”, an investigation found.
In a statement, the Judicial Conduct Investigations Office (JCIO) said it had received a complaint “on behalf of a party to an inquest related to the loss of her son”.
The statement added: “The complainant alleged that following a hearing she had overheard the coroner describe her barrister’s submission as ‘b******s’ and that the duration of the inquest listing was ‘ridiculous’.
“He was also alleged to have said ‘Who do these people think they are?'”
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Mr Westerman accepted he used the term “b******s” because of frustration caused by a “poor submission” by the complainant’s lawyer, the JCIO said.
He said the discussion with two members of staff took place in a private area at a time when he believed the complainant had left the building.
The JCIO said in its statement on Monday: “He nevertheless accepted that his language was inappropriate and intemperate, for which he was very sorry.”
The coroner denied making the other two comments, adding that he had been “under considerable pressure of work at the time”.
He had apologised to the complainant “straight away”, reported himself to the senior coroner and recused himself from the case, the JCIO said.
A judge nominated to investigate the case subsequently found that “in addition to using the term ‘b******s’ in relation to the barrister’s submission, the coroner said something implying that the duration of the listing was ridiculous”.
“These comments were both inappropriate and prejudicial. The nominated judge found that the coroner had not said ‘Who do they think they are?’,” the JCIO said.
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It added: “The Guide to Judicial Conduct reminds judicial officeholders to ensure that their conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants, in their personal impartiality and that of the judiciary.
“They are also expected to treat people with courtesy and respect.
“The Lord Chancellor and the Lady Chief Justice agreed with the nominated judge that a formal warning was a reasonable and proportionate sanction in this case.
“In reaching their decision, they took into consideration that the coroner had a previously unblemished conduct record.”
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