Poole: Justice cannot be done if certain standards are not maintained
A litigant in person (LiP) who was “extremely abusive” to a district judge in a family case and made “direct threats of physical violence” has been jailed for four months for contempt in the face of the court.
Mr Justice Poole said [1] Daniel Hesketh’s “intimidating and very unsettling” behaviour took place at St Helens Family Court during private family law proceedings relating to the welfare of his two children, with the mother appearing remotely.
He swore at the judge and also said: “I swear to God now if I see you outside this courtroom, Judge, I am gonna punch the fucking lights right out of ya.”
Poole J said: “The threats were designed to make the judge fearful for his safety when outside the courtroom. This is a serious contempt in the face of the court.
“Judges come into court in difficult and highly charged cases and have to ensure that every party has a fair hearing and to uphold the administration of justice.”
While it was expected that some litigants in person in family case would speak “with emotion, even passion”, Poole J said that “without the maintenance of certain standards of conduct and respect of the role of the judge, the court staff, lawyers, and other participants at a hearing, justice cannot be done”.
The recording of the hearing showed Mr Hesketh was “quite meek for the first five minutes but then he began to be increasingly argumentative, aggressive, hectoring, and abusive.
“His irritation became anger and then his anger became what I can only describe as rage. Over a prolonged period there was hardly any let up in his rage.”
The judge responded by “doggedly continuing to consider the evidence” and then, after a break, to deliver a detailed judgment.
“As the judge determinedly continued, Mr Hesketh clearly felt that he was not being listened to and his behaviour only worsened. The judge’s attempts to maintain order and not to be diverted only served to aggravate Mr Hesketh further.
“Overall his interruptions, disruption, anger, abuse and occasional threats continued for a total period of well over half an hour. The verbal abuse of the judge was extremely unpleasant and insulting.”
Poole J said the other people in court during Mr Hesketh’s outbursts were counsel for the mother, a security guard and a court associate.
In a witness statement, the judge recorded, DJ Gray said he was “conscious when outside his court and of the presence of men who look like the defendant – of whom he says there are many. He is constantly unsettled when he leaves the court building.
“He is conscious of his vulnerability and that of other judges and staff for example when using facilities outside the court which are not secure.
“He has had to spend time dealing with the aftermath of the defendant’s conduct and has had a police visit at home which caused concern and distress to his very elderly father.
“He says that during the hearing he was fearful that the defendant would resort to violence against him, staff or the mother’s counsel.”
Poole J imposed three sentences of four months for abuse, interruption and disrespect, and threats against the judge and a further sentence of three months for disruption – all to run concurrently.
He considered a suspended sentence, but Mr Hesketh had not attended “to provide any mitigation or information about circumstances relevant to the decision whether to suspend”.