Former long-serving MP and minister Harriet Harman, who is chairing an independent review of bullying, harassment and sexual harassment at the bar, has spoken out following the disbarment of Jo Sidhu KC for sexual misconduct.
Harman said Sidhu, a former chair of the Criminal Bar Association, had been ‘at the top of the barristers’ profession and used that power to perpetrate abuse’. It is ‘right that he can no longer practise at the bar’, she said. ‘He inflicted serious harm on an aspiring young barrister and his actions have cast a shadow on the reputation of the profession.
‘The current system is stacked against victims of misconduct,' Harman added. 'This case starkly exposes the failure of the current systems to effectively prevent sexual misconduct at the bar – the jeopardy for young aspiring barristers, the impunity for those in positions of power, and the failure of the existing mechanisms to ensure timely investigations and prosecutions of such misconduct.’
Sidhu was cleared of the majority of misconduct charges against him relating to inappropriate behaviour with three women who were either law students or undergoing mini pupillage at the time of the alleged incidents. Of the 15 charges, five were struck out with the tribunal finding there was no case to answer and three, in relation to 'Person 2' who was undertaking a mini pupillage placement, were found proved.
Yesterday, the five-person panel disbarred Sidhu, by a majority of 3 to 2, and made no order as to costs.
Delivering sanction, tribunal chair Her Honour Janet Waddicor said: ‘It is difficult to understand why a mini pupil at the end of the first day of trial would be invited to discuss the case with the respondent, a leading silk, in the absence of anyone else. He contrived a situation where she went back to his hotel bedroom. We are satisfied there was an element of planning on that day.
‘The misconduct, although a one-off incident, was sustained in that she remained in that hotel bedroom throughout the night. She should not have been in that hotel bedroom with the respondent that evening.’
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Describing Sidhu’s actions as a ‘breach of trust’, the chair added: ‘He was mentoring her, she was a mini pupil and he was a senior barrister. [There was a] significant disparity in seniority and experience between the two of them. She was in her mid 20s, he was in his 50s. He was a senior silk, she had no experience at the bar…the disparity could not be more striking.
‘The respondent had sole control and responsibility over the misconduct. He invited her to the room, he invited her to stay the night.’
Following the sanction hearing, Waddicor thanked counsel and said Person 2 ‘was brave to continue with these proceedings’. She added: ‘Undoubtedly it was very unpleasant for her. [Proceedings] have dragged on for a very long time for her, as indeed it has for the respondent. We have taken on board the disquiet she expresses about the process. I express concern she was perhaps not given the same kind of reassurance…a complainant in a criminal case might, I appreciate it is a different kind of regime.’
Following the hearing, bar chair Barbara Mills KC said: ‘Inappropriate behaviour, bullying, and sexual harassment will not be tolerated at the bar and there can be very serious consequences for anyone found to have acted in such a way.
‘The Bar Council strongly encourages anyone who experiences or witnesses discrimination, harassment, bullying, or any other forms of inappropriate behaviour, to report these incidents if they feel able to. Talk to Spot is also available for anyone working in and around the bar to raise their concerns.’
A spokesperson for the Bar Standards Board said it was ‘grateful to those individuals that made a report and gave evidence’.
He added: ‘Conduct of this nature has no place in the profession and the public should not expect this from members of the bar and this is reflected in the decision of the tribunal to disbar Mr Sidhu. We are committed to eradicating this type of behaviour through taking enforcement action where appropriate. We would encourage anybody who has experienced similar behaviour by barristers to report this to the BSB.’
Sidhu has 21 days to appeal from the day sanction was delivered.
