Email: 48 messages in two and a half weeks
A barrister convicted of harassing his former partner with a barrage of “very abusive, insulting and irrational” emails has been suspended for nine months by a Bar disciplinary tribunal.
It agreed with the sentencing judge that “there was a degree of paranoia” in the 48 emails that Ikeni Mbako-Allison, called in 2009, sent Person A over a period of two and a half weeks in March 2021.
The district judge at Stratford Magistrates’ Court in East London found that Mr Mbako-Allison “sincerely” held an “objectively irrational and unsustainable” belief that Person A had been stalking him or hacked his computer.
This “demonstrated a paranoia towards the complainant which bordered on the delusional”.
The tribunal said the emails were “very abusive, insulting and irrational” in the context of a personal relationship which had finished some three or four years prior.
“Some of the emails were sent late at night, some were incoherent and referred for example to ‘stop gassing me to cut my leg’. Some were very offensive, referring, by way of example, to ‘stop fucking with my computer dickhead’ and ‘bored of you fucking bullshit, get a clue’.”
Person A reported Mr Mbako-Allison to the police and in December 2021, having pleaded not guilty, he was convicted of harassment contrary to section 2(1) and (2) of the Protection from Harassment Act 1997.
He was sentenced in February 2022 to a 12-month community order, attendance at an accredited programme known as ‘Building Better Relationships’, a restraining order for two years not to contact Person A, and financial penalties which totalled £695.
The tribunal said it took into account that the barrister has not repeated the conduct and that “the criminal process and matters following on from the charge of professional misconduct has meant that you have not in fact practised as a barrister since January 2022 or thereabouts”.
It added: “We accept that these regulatory proceedings have taken a considerable time to reach a conclusion.”
The five-person panel, chaired by Her Honour Sara Staite, held unanimously that the misconduct “was or appeared to be a one-off incident”, that Mr Mbako-Allison had shown insight into his actions, and that the emails “had no bearing upon your professional status as a practising barrister in chambers”.
His overall culpability was “low” and “relatively limited harm was caused to Person A”.
The sanctions guidance pointed to an indicative sanction of over 12 months suspension but the tribunal found that, in the circumstances, a nine-month suspension was appropriate.
“Moreover, we find that the impact on your financial circumstances during the extended period of delay before this matter could be concluded does not in our opinion justify a period of suspension of 12 months or more.
“We are well aware that the impact of the nine-month suspension from practice will be significant but we have tried to balance our serious criticism of your behaviour in 2021 – which necessarily includes the expectation of the public in relation to the behaviour of professionals and specifically of barristers – with the reality of your present circumstances.”
Mr Mbako-Allison was also ordered to pay costs of £2,000.
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