The Bar Council has condemned former Criminal Bar Association chair Navjot ‘Jo’ Sidhu KC after a disciplinary tribunal found serious professional misconduct of a sexual nature.
In an unusual public statement following a tribunal decision, chair Sam Townend KC said the behaviour found by the tribunal was “completely unacceptable at the Bar”.
The tribunal upheld three charges against Mr Sidhu – 28 were originally made by the Bar Standards Board in relation to three women – over his behaviour towards a young woman shadowing him as part of a mini-pupillage.
According to reports, it found he invited her to sleep in his hotel bed despite – according to the woman’s evidence – her saying she wanted to leave the room, saying this was “entirely of a sexual nature and entirely inappropriate in all the circumstances”.
Second, he was found to have changed into his pyjamas that night, laid pillows down the bed as a supposed barrier and insisted that the woman sleep in the bed with him. This too was clearly sexual in nature, and Mr Sidhu knew or ought to have known it was inappropriate.
Third, the tribunal found he initiated sexual conduct while acting in a position of trust; this was again inappropriate.
Twelve other charges relating to the three complainants were not proved, the rest having been previously dismissed.
Though the tribunal found the sexual content of texts Mr Sidhu sent to a law student “reprehensible”, they did not amount to a breach of the code of conduct.
The full decision of the tribunal will be published in the coming weeks and a sanctions hearing listed. The tribunal made an interim order which prevents Mr Sidhu from being issued with a practising certificate in the meantime, the silk having relinquished his earlier this year.
Mr Sidhu did not deny having relationships with the women but maintained that they were consensual and did not relate to his professional role.
In a statement published in The Times, Mr Sidhu’s solicitor, Nick Brett, said most of the case “has failed” and that his client would “consider whether to appeal against those limited findings on proper analysis of the judgment in due course”.
Mr Townend said: “Serious and inappropriate professional misconduct of a sexual nature was made out against Jo Sidhu KC. The type of behaviour described by the tribunal is completely unacceptable at the Bar.
“Even though the tribunal found some aspects did not constitute professional misconduct, they found the behaviours to be reprehensible.
“All three complainants were believed by the tribunal. We recognise how difficult it is to come forward to report sexual misconduct and it has taken great bravery for the complainants to make their reports and give evidence.
“It is incumbent on others, particularly senior barristers, who witness these behaviours to step up and report serious misconduct they have observed.”
Mr Townend noted that the case had taken two years from initial complaints to resolution – “too long a time for everyone involved in such a serious case”. He called on the Bar Standards Board “to focus their efforts on efficient and timely enforcement”.
Mr Sidhu is also a former president of the Society of Asian Lawyers and former vice-chair of the Bar Council’s equality, diversity and social mobility committee.
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