Judicial head "guilty of gross negligence and deliberate recklessness"
By BARNIE CHOUDHURYApr 21, 2023
THE body which appoints judges is “avoiding public scrutiny” and one of its heads is “guilty of gross negligence and deliberate recklessness”, a senior south Asian judge has told a tribunal.
Abbas Mithani KC, a designated civil judge for the West Midlands and Warwickshire, is asking the General Regulatory Chamber to rule whether the Judicial Appointments Commission [JAC] and Information Commissioner’s Office [ICO] were wrong to deny him full disclosure to three freedom of information requests he made.
Judge Mithani wanted to know how the JAC decided how and who it appointed to discover whether there was racial discrimination and gender bias in the process.
The JAC used exemptions under the act, and the ICO upheld its decisions, even though there was an error in the decision-making process, the panel heard.
“Their reliance on those exemptions are flawed and incorrect,” said Mithani in his opening statement to the online tribunal.
“It is a central part of my case that the reason that the JAC is refusing to provide answers to the remaining questions is that they wish to avoid public scrutiny of its affairs.”
Abbas Mithani KC
He told the three-member panel that the ICO relied on the evidence of the JAC’s head of corporate services, Ian Thomson.
“I intend to demonstrate to the tribunal that the evidence of Mr Thomson is for the most part unreliable and several other aspects deliberately misleading.
“I’m not going to say at this stage whether there are aspects of his evidence which are simply untruthful.
“It’s a substantial part of my case that he has at the very least been guilty of gross negligence and deliberate recklessness and something considerably more.”
Stifling scrutiny
The judge said it was “characteristic of the JAC and other government departments” to stifle public scrutiny by attacking the character of the person bringing a case against them.
“I can say to the tribunal emphatically and unequivocally that I do this much for myself as for all the different people that have been seriously short-changed by the Judicial Appointments Commission in the appointments process,” Mithani continued.
“Why are these freedom of information requests important?
“Because they will demonstrate that the JAC has been acting as if none of the regulations which govern it apply to it.”
One of the exemptions used by the JAC was section 36 of the act, which allows public bodies to refuse information on the grounds that it would “prejudice the effective conduct of public affairs”.
Mithani argued that to use that get-out clause a “qualified person” must give their “reasonable opinion”.
“What is absolutely essential was that there must have been in place at the time when the freedom of information request was made of a person at the JAC being qualified by being properly authorised by a minister of state,” he told the hearing.
“There was no such authorisation. There never has been any authorisation at any time in the history of the JAC until the 10th of October 2022.
“Several people made freedom of information requests, including me, and the indication given to them was ‘we are relying on this exemption because we have authorisation.’
“They said that to me as well, but they did not expect me to take this matter all the way to the tribunal.”
The panel heard that the ICO and the JAC contended that their decision making was correct, but this was “manifestly untrue”.
Mithani said he only discovered that the JAC had no authority when he asked for proof.
Serious allegations
Counsel for the JAC, Natasha Simonsen, described the allegations as serious.
“These allegations have been and are a source of some considerable distress to the individuals concerned, particularly to Mr Thomson and other staff of the Judicial Appointments Commission.
Natasha Simonsen
“I need to be clear that any allegations of bad faith, impropriety, deliberate untruths, recklessness or negligence are very strongly refuted by the JAC, and by all of the individuals concerned.
“Further, there is no basis for making that submission.
“For the most part, the allegations of bad faith and impropriety have been extraneous to the matters in dispute, and, given that, it would not have been possible or appropriate for the JAC to file evidence seeking to refute them.
“I will, in due course, be inviting the tribunal to disregard these serious allegations in their entirety.”
In her opening statement the barrister also explained to the tribunal the case was not about the lack of diversity in the judiciary or how the JAC appointed judges or whether there was discrimination in the process.
Narrow focus
The focus of the hearing was narrow, she said.
“It is about eight very specific and discrete requests for information under the Freedom of Information Act, and in particular whether the Information Commissioner was correct to hold that that information was exempt from disclosure.
“I need also to emphasise, because Mr Mithani has suggested that the JAC is motivated by a desire to avoid scrutiny or transparency, that on the contrary, at evert stage, the JAC’s overriding concern has been to ensure that any disclosures are properly and lawfully made.”
Simonsen admitted to the hearing that the JAC had made a mistake in using the section 36 exemption.
“The tribunal will have seen from my skeleton argument that the JAC accepts that it erred in relying on section 36 at the time of its response to Mr Mithani, because at that time it could not evidence that there was an appropriate authorisation.
“We accept that was an error.
“Mr Thomson’s evidence is that this was an error made honestly and in good faith.
“However, even if that exemption was not correctly invoked at that time, the JAC respectfully submits that the exemption is now properly engaged.”
Mithani argued that once the JAC realised it had no authorisation, it should have informed the ICO.
Legal qualifications
It emerged during questioning of the JAC head of corporate services that he has no legal qualifications.
Thomson told the court he did not believe the JAC needed them to deal with complaints.
He said he had been on three civil service courses, organised by his employer, and some online seminars to learn about implementing the Freedom of Information Act.
Mithani wanted to explore why candidates were being stopped from progressing by those with no legal experience.
But, Judge Lynn Griffin, who is chairing the panel, would not allow this.
She said, “This tribunal is not here to make an inquiry into wide ranging matters, and I’m looking at the terms of the [FOI] request that deals with complaints.
“Under the terms of that request you made, the information you’re seeking, does not seem to relate to any part of those complaints.
“There’s no question about the qualifications of those taking decisions on the complaints.”
The Information Commissioner’s Office is not represented at this tribunal.
From the blood-soaked backstreets of Dhaka to the polished kitchens of Manhattan’s elite, K Anis Ahmed’s new novel Carnivore is as imaginative as it is provocative. A satirical thriller steeped in class tension, culinary obsession and primal survival, Carnivore follows Kash, a Bangladeshi immigrant-turned-chef who launches a high-end restaurant serving exotic meats – only to become embroiled in a sinister world of appetite and ambition.
But this is no simple tale of knives and recipes. Ahmed – a seasoned journalist, publisher, and president of PEN Bangladesh – brings a sharp eye to the grotesqueries of power and privilege. In this exclusive interview with Eastern Eye, he speaks about his passion for food, the moral murkiness of his characters, and why even the most ordinary people can spiral into extraordinary darkness.
A compelling premise, layered and unpredictable charactersAMG
What first connected you to writing?
I have been an avid reader since childhood – starting with Bengali and Russian fairy tales, before moving on to Enid Blyton and Agatha Christie. In my teens, I discovered Somerset Maugham and Graham Greene. Their travel writing sparked my imagination. The idea of being a wanderer through the world as a writer captivated me and pulled me toward writing as a vocation.
What inspired your new novel Carnivore?
I lived in New York for a time and love the city. I have always had a strong interest in food and found the idea of running a café, bar or restaurant quite enticing. Since I could not do it in real life, I created one in fiction – and let it go in some wild directions.
Tell us a little about the story.
It is about a young immigrant, Kash, who runs a wild game restaurant in downtown Manhattan. When the 2008 financial crash hits, his investors and clientele disappear. To stay afloat, he turns to hosting private dinners for the super-rich. In chasing a gig for a secretive billionaire’s dining club – while also dealing with a Russian money-lender – things soon spiral out of control.
What drew you to the culinary aspect?
It came from my passion for food and cooking. But cooking, for me, is more than just food – it is about identity, values and cultural expression.
As a writer, how do you develop the darker elements in a story like this?
It usually begins with a simple ‘what if’. I ask myself: how far could a seemingly ordinary person be pushed, given enough pressure or temptation? And who might they take down with them?
What inspired the title?
It was suggested by my brilliant agent, Charlie Campbell. The title captures not just the wild game theme, but also the broader idea of appetite – its excesses, its destructive potential.
Anyone who enjoys a gripping story with a diverse cast and unexpected twistsHarperFiction
What was the biggest challenge in writing the book?
Making the ultimate meal they plan feel believable – both to Kash and his team, and to the clients. None of these characters are inherently sociopathic. I wanted to explore the extremes that ordinary people might reach when driven by circumstance.
What is your favourite part of the book?
There is an episode where they go “hunting” for a peacock – I really enjoyed writing that. The backstory draws from my own memories of Eid-ul-Azha in Dhaka, where animal sacrifices take place in driveways and courtyards. It is surreal to see such rituals on such a scale in a modern city.
Who are you hoping the novel resonates with?
Anyone who enjoys a gripping story with a diverse cast and unexpected twists. It is for fans of crime thrillers, but also for general fiction readers who like discovering new subcultures – and morally daring propositions.
What do you enjoy reading, and do you have a favourite author?
I read a lot – both fiction and non-fiction, from science to history. The novel is my greatest love, and my favourite authors span classics and contemporaries. Some recent writers I have particularly enjoyed include Paul Beatty, Alejandro Zambra, Rachel Kushner and Ottessa Moshfegh.
What inspires you as a writer?
Intriguing ‘what if’ ideas, morally complex characters and the challenge of crafting sentences that feel exactly right.
What are you working on next?
I am working on a story where a seemingly normal person slowly descends into sociopathy. I want to explore how someone can unravel and become unrecognisable from who they once were.
What, in your view, makes a great novel?
A compelling premise, layered and unpredictable characters, and prose that is fresh and evocative – without being overwrought.
Why should readers pick up your new book?
Because it is a truly fun read – simple as that.
Carnivore by K Anis Ahmed is published by HarperFiction, £16.99.
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In an industry long regarded as a boys’ club, Sharma brings a refreshingly unapologetic approach
As the world prepares for the second edition of the World Championship of Legends (WCL), one of its most exciting franchises, the Meteora England Champions, is being led by a compelling force. Mahima Sharma is not just making her mark in cricket – she is quietly redefining leadership in a male-dominated industry.
In an industry long regarded as a boys’ club, Sharma brings a refreshingly unapologetic approach. She is strategic, deeply rooted in her love for the game, and proudly feminine. “Cricket has always felt like home to me,” she says. “I come from a culture where cricket is an emotion, and stepping into this role carries a great deal of responsibility. Growing up, I saw very few women leaders in cricket. To now find myself in this position 15 years later feels like coming full circle.”
As co-owner and the driving force behind the Meteora England Champions, Sharma is part of a small group of women leading professional cricket teams. For her, this is not about tokenism, it’s about legacy. “I do not want to be the exception,” she says. “I want to be part of a movement where women leading in sport is normalised. As more women step into leadership, we must not only create space but also change the environment so others can thrive.”
The journey has not been without its obstacles. Sharma recalls the doubt she encountered in the early days. “You walk into certain rooms and feel it – the unspoken question of how a twenty-something woman is in charge,” she says. But instead of backing away, she leaned in. “I chose not to internalise that doubt. I focused on proving myself through action.”
Each branding move, player decision, and strategic step has helped reshape perceptions. “We are not here to just participate. We are here to lead – with vision, knowledge and authenticity.”
Sharma’s leadership story is closely tied to her family. She co-owns the team with her father, a self-made entrepreneur who built the wider Meteora Group. Their dynamic is one of mutual respect. “We do not always agree – and that is our strength. We challenge each other, and that leads to better decisions.”
This blend of tradition and innovation shapes how she runs the team. From revamping fan experiences to reviving iconic rivalries, Sharma brings together nostalgia and bold new energy. “We are embracing history while writing new chapters,” she says. “Through storytelling, digital content and match-day experiences, we are bringing legends back into the spotlight in meaningful ways.”
Those legends include the likes of Eoin Morgan and Alastair Cook – cricketing greats now representing Meteora. “It has honestly been a dream,” Sharma says. “These players are not just icons – they are grounded, inspirational, and passionate about the future of the game.”
The team is also shaped by dynamic women behind the scenes. One key figure is Bhakti Bansal, the team’s creative strategist. “Her leadership has helped shape how the Meteora brand speaks and connects,” Sharma says. “It is not about having women in leadership for the sake of it – it is about having the right leadership.”
Empowerment runs through Sharma’s journey. She is not content with simply climbing the ladder – she wants to rebuild it. “As more women take on leadership roles, we carry the responsibility not just to make space, but to transform the environment so others can thrive.”
As WCL enters its second season, Sharma is scaling upwclegends.uk
For Sharma, inclusivity and creativity are core values. “It starts internally. Our team is deliberately diverse – not just in terms of gender or ethnicity, but in background and thinking styles.” This inclusivity informs every decision, from interns to executive planning. “Everyone has a seat at the table.”
As WCL enters its second season, Sharma is scaling up. “The challenge is in the scale and speed – logistics, player schedules, fan engagement, sponsorships. But the challenges are real, and so is our drive.”
Asked what message she would give young women pursuing careers in sport or business, Sharma is clear. “You do not have to choose between being passionate and being powerful. You do not need all the answers on day one – but you do need to believe you belong.”
Her approach is grounded in authenticity. “Resilience and self-awareness are everything. You must know who you are and hold your ground, even when you do not see yourself reflected in the room.”
She adds, “You can be assertive without being abrasive, strategic without being cold, and emotional without being weak.”
Despite the pace and pressure of running a franchise, Sharma’s love for cricket keeps her grounded and ambitious. “It is still my greatest passion,” she says. But she is open to other opportunities if they align with her values.
At the heart of her leadership is a principle passed down from her father: “Build long-term relationships based on trust.” It is a value she holds close as she navigates partnerships, negotiations and team dynamics.
When she needs inspiration, she turns to her support system. “My family, my friends, my dog Lexi – and the fans. Just being in a packed stadium, hearing the cheers, wearing your team’s jersey – that feeling is unmatched.”
Sharma closes with a simple yet powerful philosophy: “We walk into the room each day with a game plan, positive energy, and a clear vision.”
As the second season of WCL approaches, it is clear that Mahima Sharma is building more than a cricket team – she is building a legacy. One that says, without apology: the future of sport belongs to everyone. And yes, that includes the women who dare to lead.
The World championship of legends cricket 2025 takes place from July 18 – August 2. wclegends.uk
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Maureen Lewis, who manages St Ives Lodge care home in northeast London, lost seven residents to Covid. She remains angry about former health secretary Matt Hancock's claim in May 2020 that the government had "thrown a protective ring around care homes".
"There was no ring of protection for care homes at all," she was quoted as saying. "He needs to take accountability for the decisions he made."
Hancock will give evidence on Wednesday (2). Bereaved families say they want him to "tell the truth" about decisions made during the pandemic.
Jean Adamson, whose father Aldrick died with Covid in April 2020, called the hospital discharge policy "reckless".
"The way that my father and tens of thousands of other care home residents were sacrificed really gets me because I think it smacks of ageism and disability discrimination," Adamson said. The inquiry is expected to last five weeks, with 55 witnesses giving evidence. The final report will not be published until next year.
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Johansson reflects on her childhood stardom and evolving careerGetty Images
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From Avengers to auteur Scarlett Johansson embraces creative control Getty Images
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