HHJ NICHOLAS LORAINE-SMITH
Misconduct in Public Office
That
Nicholas LORAINE-SMITH, a Judge at Southwark Crown Court, on dates between 14
December 2009 and 25 September 2013, wilfully neglected to perform his duty and
wilfully misconducted himself to such a degree as to amount to an abuse of the
public’s trust in the office holder without reasonable excuse or justification.
Perverting the Course of Justice
That
Nicholas LORAINE-SMITH, a Judge at Southwark Crown Court, on dates between 14
December 2009 and 25 September 2013, with intent to pervert the course of
public justice, did a series of acts which had a tendency to pervert the course
of public justice in that he:
(a) failed to ensure that a jury was sworn in according to
the Criminal Procedure Rules and the Juries Act 1974
(b) placed a jury under duress by instructing them to
issue a verdict “by the end of the day” on 23 December 2009
(c) failed to discharge a Jury once Indictment One (of
Two) had been proven not to have been made out
(d) permitted a trial to proceed knowing and declaring in
Court that the Crown had failed in its Disclosure process
(e) failed to investigate or report Perjury when it had
been brought to his attention during the trial
(f) failed to investigate the non-appearance of a material
witness
(g) rushed the trial along too hurriedly
(h) was prejudicial in his comments towards the Defendant
in his Summing-Up to the Jury
(i) broke the conditions of the Data Protection Act 1998
by allowing the Jury to see the Defendant’s private journal which contained private
information about third parties who were specifically named in that journal
(j)
in breaches
of the Human Rights Act 1998, unlawfully threatened the Defendant with jail if
the Defendant continued to protest his innocence: “…I’ve got no option
but to send you to jail if you continue to deny this…”
Fraud by abuse of position
Nicholas
Loraine-Smith, a Judge at Southwark Crown Court, on days between 13 December
2009 and 28 January 2010, did abuse his position as a Crown Court Judge in that
he (and others) perpetrated a series of crimes and human rights abuses against
Brian Pead and pursued a course of conduct amounting to the harassment of Brian
Pead which he knew, or ought to have known, would cause him and his daughter
and grand-children alarm and distress, and that he issued a Sexual Offences
Prevention Order which is void ab initio.
Misuse of Public Funds
Nicholas
Loraine-Smith, a Crown Court Judge at Southwark in London, on days between 13
December 2009 and 28 January 2010, did misuse public funds in perpetrating
crimes against Brian Pead and in allowing crimes and human rights abuses to be
perpetrated against Brian Pead.
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