May 19th, 2010

Speak no evil

Posted in The Job - General by 200

A magistrate from Blackburn has had his chairman of the bench position withdrawn after enunciating what we all think in open court.

Austin Molloy was part of the bench hearing a case of criminal damage against two youths accused of damaging church property at Blackburn Cathedral. The 16-year-old boys desecrated property on a visit by writing sexually & racially abusive words in prayer books & bending a priceless cross out of shape. They were identified after signing the visitors’ book.

Mr Molloy, a magistrate for 18 years, was sentencing the youths when he told them “Normal people would consider you absolute scum“, which is probably just a statement of fact. However, the court clerk objected saying that his language was inappropriate. She encouraged one of the boys’ mothers to make an official complaint.

Mr Molloy says the magistrates discussed the wording of their statement &  he decided to speak on terms the offenders would understand. He said: “We are trained and told to communicate with young offenders, any offenders for that matter, in language they understand. You have got to use language appropriate to those people so they understand exactly what you are doing. We felt we had to discipline the young boys and that’s the language we used to make them understand the gravity of the crime they had committed. It was a disgraceful crime. We considered it at length in the retiring room and it was the appropriate statement that we agreed on.”

Interestingly, the main offender’s father has said: “I totally agree with what Mr Malloy said and I’ve not got a problem with him whatsoever. I back him 100 per cent. As far as I am concerned Mr Malloy should get his job back.

“The whole family is absolutely disgusted with what our boy has done and he knows we are disgusted. Some of the comments people are making about us as parents are out of order.  I’ve worked my whole life and my son was brought up as a Catholic boy going to church, so why he has done what he has done, I don’t know.  He is not going to get away with it – he will be punished.”

The man’s son was given an 18-month supervision order & told to pay £1,500 compensation. The other boy, whose mother is making a complaint about the magistrate was given 12-month’s supervision & £100 compensation.

Mr Molloy awaits the result of an investigation.

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5 comments

  1. shijuro says:

    As Winston Smith once said, ‘you can’t escape the thought Police…’

    Nice of the Clerk to show her true colours eh?

    May 20th, 2010 at 12:27

  2. rafanon says:

    I’m a normal person. I think they’re scum. Truth told. Magistrate vindicated. Job back. Clerk fired. Sorted.

    If only.

    May 20th, 2010 at 13:27

  3. the_leander says:

    When I first heard about this story I have to say that my initial reaction was “should a Magistrate be allowed to call someone scum?”

    However upon reading “We are trained and told to communicate with young offenders, any offenders for that matter, in language they understand. You have got to use language appropriate to those people so they understand exactly what you are doing.” I have changed my view to agreeing with the statement by Mr Malloy. As seen in this context his statement is perfectly legitimate and has to be seen within the context in which it was said.

    As to the Clark. I can well imagine other Magistrates refusing to work with her after this.

    May 21st, 2010 at 12:23

  4. Tony F says:

    I cannot see what right the clerk had to speak. She should be sacked.

    May 21st, 2010 at 19:34

  5. Ambulance Amateur says:

    What a great Mag.

    May 22nd, 2010 at 23:26

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