Her Majesty the Queen appoints The "Honourable" Lady Smith
Dr. Lihe goes to Queen on Judicial Bias in the EAT -Scotish Justice stinks

 

 Queen Elizabeth II

Anne Smith the

"Honourable"Lady 

Smith & HER VICTIMS

 

Justice Smith referred to Judicial Complaints body


Dr Lihe, a victim of the "Honourable" Lady Smith, President of EAT in Edinburgh &  Vice President of the EAT in London has approached Her Majesty the Queen after The "Honourable" Lady Smith informed him that Her Majesty  the Queen had appointed her. 

 

Dr Declan Quigley, another victim  of the "Honourable" Lady Smith, President of the EAT in Edinburgh.

"I have rarely - in any sphere - come across behaviour that was as unprofessional as that of the "Honourable" Lady Smith.  It was also quite disgustingly bad-mannered.  And of course there is also the matter  that the "Honourable" Lady Smith deliberately sabotaged my appeal by refusing to consider evidence she had herself insisted on being produced for the appeal hearing.  If my experience is typical -  I would say that the "Honourable" Lady Smith  casts a very dark shadow indeed over the workings of the Employment Appeal Tribunal in Scotland."

 

YET ANOTHER VICTIM OF LADY SMITH

In an Appeal DEMAN v Glasgow Caledonain University and John Taylor Lady Smith engaged in similar conduct and when Mr Deman asked her permission to appeal to Court of Session she did not even know the EAT Practice Directions in Scotland & stated that he could apply to the Court. However, a clerk of the EAT told her that Mr. Deman was right she could consider his  application. Given her attitude out coemfo Mr Deman's application was a foregone conclusion. She refused permission.      

She had not forgotten what happened at the EAT in Scotland and has chosen to hear again Deman v AUT/UCU, Triesman & Labour Party mafia. Lady Smith exhibited a great deal of rudeness to Mr Deman's Counsel, a QC and chopped of a major good part of the appeal, like taking the critical mass from plutonium so it never explode.  Rest of the appeal was sabotaged by a former member of the AUT & NAFTHE [merged to form UCU] Solicitor, Mr Michael Scot's  social and professional friend Mr Justice Elias   


The "Honourable" Lady Smith Axe fell on Dr Lihe & others  The Queen's Intervention Sought.

 

Her Majesty The Queen
Buckingham Palace
London, SW1A 1AA< namespace="" prefix="o" ns="urn:schemas-microsoft-com:office:office" xml="true">

26 July 2007

Your Majesty,

 

Complaint against the Employment Appeal Tribunal President in Scotland, the "Honourable" Lady Smith

 

I am writing to make a complaint against one of your Majesty's appointee's The "Honourable" Lady Smith in regard to her unprofessional and biased conduct in the Employment Appeal Tribunal. I wish you would instigate an investigation into the conduct of Your Majesty’s Judicial office holder.

 

I have sent my complaints to the Lord President of the Court of Session, EAT President, Justice Elias, Lord Chancellor, Lord Goldsmith, David Stewart, Head of Judicial Appointments and Finance Division, Scottish Executive Justice Department.  The Lord President of the Court of Session and David Stewart replied to my complaints saying they had no power to investigate.  I also received a reply from the Scottish Executive and Lord President of the Court of Session saying they had no power to investigate, The "Honourable" Lady Smith. The other authorities didn’t bother to even acknowledge receiving my complaints, let alone  reply.

 

In fact, at a hearing on the 6 Oct 2006 in Edinburgh at the Employment Appeal Tribunal, I repeatedly asked the Honourable Lady Smith who was she was answerable to?  The Honourable Lady Smith was quite evasive but eventually gave an answer,  she said to “The Queen”.

 

In light of the above, I have been given no choice but to appeal to your Majesty and hope that you will investigate The "Honourable" Lady Smith's conduct.

 

Your Majesty's faithful and obedient subject.

 

Lihe LIU

 

Enclosures: complaints sent to Lord President, EAT President, Lord Chancellor.

 

Copy to MP,  Jo Swinson, EAT President,

 

David Stewart

Head of Judicial Appointments and Finance Division

Scottish Executive Justice Department

Hayweight House

23 Lauriston Street

Edinburgh EH3 9DQ

By Fax: 0131 221 6895

 

26 July 2006

 Dear Mr. Stewart,

 

Race Discrimination – Complaints against Lady Smith, President of the Employment Appeal Tribunal in Edinburgh

 

Ref: UKEATS/0070/05/RN & UKEATS/0072/05/RN Dr Lihe LIU v the Association of University Teachers, Sally Hunt, Mr Paul Cottrell, Mr Terry McKnight, Alan Carr, Bahadur Najak, Angela Roger.

 

1.  I wrote to the Employment Appeal Tribunal on 30 March and 25 April 2006 made a complaint against the conduct of Lady Smith in relation to the above appeals.  To date    I have not received any response to that complaint and now make specific complaints against Lady Smith’s conduct.

 

2.  I appealed to the Employment Appeal Tribunal in Edinburgh against a decision of a Chairman of an employment tribunal in Glasgow in the case Dr. Liu v the Association of University Teachers and Sally Hunt, Mr Paul Cottrell, Mr Terry McKnight, Alan Carr, Bahadur Najak, Angela Roger [Labour Party mafia]. I was a litigant in person and diligently conducted the case myself though I am not legally qualified. The case was scheduled to be heard on 9 March 2006. Due to illness, I could not attend the hearing. On my behalf my wife sent a fax to EAT requesting an adjournment of the hearing.  Lady Smith completely ignored the fact that I was unable to attend the hearing due to sickness backed by the medical certificate. She proceeded to hear the case in my absence.

 

3.  Lady Smith made cost award against Dr. Lihe LIU in breaching Rule 34 (5) of the Employment Appeal Tribunal Rules 1993 (as amended 2004) that “Rule 34 (5) of No costs order shall be made unless the Registrar has sent notice to the party or special advocate against whom the order may be made giving him the opportunity to give reasons why the order should not be made.”  I wrote to the EAT on 30 March 2006 for requesting the written reasons for the cost order pursuant to Rule 34(6) “Where the Appeal Tribunal makes a costs order it shall provide written reasons for doing so if a request for written reasons is made within 21 days of the date of the costs order. The Registrar shall send a copy of the written reasons to all the parties to the proceedings.” The EAT ignored my request on 6 April 2006 stating “your email of 30 March 2006 which will be retained on file”. This amounts to not only procedural irregularity but is also unprofessional conduct on the part of senior member of the judiciary who deliberately cause me detriment because I am Chinese.

 

4.  I requested Lady Smith that she should not handle my case as I have made a complaint of racial bias and unprofessional conduct against her.  However, Lady Smith flatly refused that request and insisted to hear the Review, which is now scheduled on 10 August 2006.

 

5.  Lady Smith stated in her reserved judgement promulgated on 12 May 2006 that I did not attend the hearing (though she knew I was disabled due to illness), therefore I was unreasonable. She further assumed that even if I had attended the hearing on 9 March 2006, she would have made the same ruling against me -- the reason given was that I had been late before or “Previous history of appellant regularly attending to obligations in the case late, at the last minute or not at all.” This statement is not true. This is the only hearing I had in the Employment Appeal Tribunal in relation to the above appeals, ie. Dr. Liu v the Association of University Teachers and others. However, Lady Smith didn’t point out any evidence that I was late or “not attending his obligations.”

 

6.  If I attended his obligation at the last minute, that still does not give Lady Smith the reason to refuse my appeal nor justify Lady Smith’s decision to award cost against me. There is no rule in the Tribunal Procedures to punish the party who attends obligations within time limit, even “at the last minute”.

 

7  Since the Human Right Act 1998 came into force, the House of Lords in Porter v Magill [2002] 2 A.C. 357 incorporated the spirit of the HRA in its decision. Subsequently, the House of Lords has set out the tests for subconscious and real bias in Lawal v Northern Spirit Limited [2003] UKHL 35. In my appeals, Lady Smith displayed a real possibility of bias and conducted herself unprofessionally.

 

8.  Bias is a freestanding point of appeal and amounts to an error of law in that it is a breach of the rules of natural justice and contravenes Article 6 ECHR.  Dr. Liu considers Lady Smith in breach of rules of natural justice. Justice should not only be done, but “it must be seen to be done”. In an impartial and fair Tribunal there is no room even for apparent bias. However the conduct of Lady Smith strongly suggests an appearance of bias.

 

9.  It is no longer sufficient to just say that justice has been done or will be done; “justice must be seen to be done”. The overriding objectives require the Tribunal, above all, to deal with cases “justly” and “fairly”. The overriding objectives are widely regarded as implementing the intentions of Article 6 of Schedule 1 of the Human Rights Act 1998, which ensures RIGHT TO A FAIR TRIAL and states:

 

“In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.  Judgement shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest or morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.”  

 

10.  Recently Lord Levy has been arrested by the police in investigating the scandal surrounding political donations to Labour Party in return for favours.  It is not known how many members of the judiciary have given donations to Labour Party either through Lord Chancellors or other means. Some members of the judiciary, in particular in the Tribunal clamours for investigation.   Any affiliation with Labour Party and the Association of University Teachers by Lady Smith should be disclosed. 

 

11.    It is noted that a number of complaints against Lady Smith have been lodged by ethnic minority customers which are still pending investigation. 

 

12.  In view of above facts and specific complaints against Lady Smith, it would be inappropriate for her to get involved in Dr. Liu’s cases. She should now discharge herself of the responsibilities in my cases. I request you to investigate her conduct in view of number of ongoing complaints against her.

 

I look forward to hearing from you.

 

Yours sincerely

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Dr. Lihe LIU

CC:

Honourable Justice Elias, President of EAT, 58 Victoria Embankment, London EC4Y 0DS Fax: 020 72731045; Lord Chancellor Lord Falconer, 0207 210 8620/8653; Her Honour Harriet Herman, Treasury Solicitor, 0207 210 3260; Lord Goldsmith, Attorney General Fax: 0207 271 2430; Mr. Trevor Phillips, Chairman CRE, Fax: 0207 919 0001; Mohammad Sarwar MP (sarwarm@parliament.uk); Mr David Martin, MEP; Mr Ian Hudghton (ian.hudghton@europarl.europa.eu); Mr Struan Stevenson(struan.stevenson@europarl.europa.eu); Mrs Elspeth Attwooll(elspeth.attwooll@europarl.europa.eu); Mrs Catherine Stihler (catherine.stihler@europarl.europa.eu); Mr Alyn Smith SNP; (alyn.smith@europarl.europa.eu); Mr John Purvis CBE (john.purvis@europarl.europa.eu); Mr Struan Stevenson (struan.stevenson@europarl.europa.eu); Mrs Elspeth Attwooll (elspeth.attwooll@europarl.europa.eu); Mrs Catherine Stihler (catherine.stihler@europarl.europa.eu); Mr Alyn Smith SNP; (alyn.smith@europarl.europa.eu); Mr John Purvis CBE (john.purvis@europarl.europa.eu); Pauline.Mcneill.msp@scottish.parliament.uk;  (Rosie.Kane.msp@scottish.parliament.uk); Robert.Brown.msp@scottish.parliament.uk; Sandra.White.msp@scottish.parliament.uk; Nicola.Sturgeon.msp@scottish.parliament.uk; Tommy.Sheridan.msp@scottish.parliament.uk; Bill.Aitken.msp@scottish.parliament.uk; Employment Law Advice Scheme (ELAAS) Coordinator, Devereux Chambers, London WC2R 5JJ,

Chinese Students and Scholars Association in the UK, Chinese Students and Scholars Association in Glasgow (GCSSA) and Ethnic Minority Council Scotland, Ethnic Minority Scotland.

CC: Lady Smith

 

Encl: 1. E-mails to The Employment Appeal Tribunal dated 30 March and 25 April 2006.

 

         2. Judgement of Lady Smith dated 12 May 2006.