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法律隨筆
法官講粗口下集
標少
2017年1月18日
5個月前寫了法官講粗口一文, 5天前Legal Cheek作出跟進報導:

Judge who branded abusive defendant ‘a bit of a c**t’ cleared of misconduct

A female judge who branded an abusive defendant “a bit of c**t” has been cleared of wrongdoing by a judicial watchdog.

Back in August 2016 Judge Patricia Lynch QC, sitting at Chelmsford Crown Court, entered into a sweary back and forth with defendant John Hennigan.

Appearing in the dock having been accused of breaching his anti-social behaviour order (ASBO), Hennigan — who has 23 convictions to his name — told Lynch that she was “a bit of a c**t”. Keen to reciprocate in vernacular familiar to Hennigan, Lynch responded:

"You are a bit of a c*** yourself. Being offensive to me doesn’t help."

Despite overwhelming public support, not everyone was impressed with the judge’s c-bomb.

Less than two days after the incident, Legal Cheek reported that the Judicial Conduct Investigations Office (JCIO) had received around ten complaints regarding Lynch’s colourful language.

Fast forward five months and, according to The Guardian, the JCIO has now confirmed it will not be taking formal action against Lynch. In a statement sent to one of the complainants, the JCIO said:
 
"Although the Lord Chancellor and the Lord Chief Justice considered HHJ Lynch’s remarks to be inappropriate, they did not find that they amounted to misconduct or warranted any disciplinary sanction. [They] were of the view that the matter should be dealt with by informal advice."

Lynch — who later apologised for her remarks — has now been been advised to respond “appropriately to parties in court at all times”. Even if they are c**ts.

好彩這件案不是發生在香港, 否則這法官就沒有這麼便宜了。社會氣氛不同, 待人方法也會較寬宏, 法官講粗口也不用罷免。 做刁民在香港會比外國過瘾, 做官就到外國會更過癮, 不一定對辱罵可以反唇相稽, 起碼社會地位會更尊崇。

以前有個甄官, 好多犯都憎佢, 尤其是老同。老同最憎大老爺送佢入去DATC(戒毒所), 因為戒完出嚟再食會被recall, 老同寧願乾手淨腳的判監, 坐完無手尾跟。有一次老同發難: 「死人甄沾記, 食晒你啲椰子糖。」我當然不知甄官同甄沾記是否有關係, 若果有, 開心死喇, 你食晒我咪賣晒畀你, 賺晒你啲錢囉, 然後再整過。

依家做官, 尤其是做低級嗰啲, 做非刑事案嗰啲, 預咗畀人鬧架啦。記住咪發官威, 發威就畀人鬧多兩鑊, 仲有投訴跟尾, 又要解畫, 到時老細又多啲嘢做, 老細都鬧埋你, 死唔死, 忍氣吞聲喇。一係去第二度做囉。
 
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