Tweeting solicitor’s behaviour 'went well beyond bounds of acceptable conduct'

A solicitor's comments on social media were ‘antisemitic’ and amounted to a ‘direct assault’, a barrister who received some of the messages told the Solicitors Disciplinary Tribunal yesterday.  

Simon Myerson KC, who sits as a recorder, described Farrukh Najeeb Husain’s behaviour in a Twitter exchange over a book recommendation as ‘well beyond the bounds of acceptable conduct’.

Husain is alleged to have posted ‘inappropriate and/or offensive’ tweets, some of which are claimed by the Solicitors Regulation Authority to be antisemitic. The regulator opened the hearing on Monday and Myerson, its first witness, was called yesterday. 

Husain, who is representing himself, cross-examined the barrister.

Asked about another person’s tweet including a hashtag ‘solidarity with Palestine’ which appeared in a book recommendation thread, Myerson said: ‘Personally speaking I do not believe a hashtag shows solidarity. Words are cheap on Twitter.’

Husain, who was employed by commercial firm Bevan Brittan at the time of the alleged tweets, said he was ‘sticking up for the underdog [another individual on Twitter]’. Myerson replied: ‘No, I think your behaviour went well beyond the bounds of acceptable conduct.’

Following a break, tribunal chair William Ellerton said: ‘There is a danger that we stray, and I have made this point before, into a political debate.

‘We accept that the position you and Mr Myerson occupy are on opposing ends of a spectrum. Your views will be passionately held on your side as well as, no doubt, Mr Myerson’s, but solving that debate is not the remit of the tribunal, it is the allegations against you. It is if your behaviour strayed into unacceptable, inappropriate, and potentially antisemitic language.

‘Those are the allegations against you. We are not trying to solve the underlying political issue.’

Myerson said: ‘[Using the words] Zionist fascist, that is a direct assault on me. That is what you are calling me and I do not accept that. I do not accept that I am a fascist or that that is a remotely reasonable thing to say about me.

‘I appreciate you were not directly addressing me [in this particular tweet] but what you say there [that] “all Zionists are racists” I do regard as antisemitic I am afraid.’

When asked about retweeting Husain’s tweet which included the words ‘if you’re anti-racist you would not be Zionist, you reek of white privilege’, Myerson said: ‘If people are saying things in public they have to be prepared to wear it, Mr Husain.’

At the end of Myerson’s cross-examination, Husain said: ‘I apologise for any hurt caused by my remarks.’

The SRA says Husain is in breach of principles 2, 5 and 6 of the 2019 principles. Husain argues that his Twitter account is personal and no allegations should have been bought against him.

The hearing continues.