PERSONAL
2
-
CONFIDENTIAL
Indeed, he made it clear that it would be a disaster to him financially if he had to go early, recognizing that there is no alternative employment open to him now.
Both Sir T.L. and I are agreed that Barker, J.A. should not be dealt with under the Letters Patent.
If he refuses to resign early, action ought not to be taken under them. It involves damaging publicity, and may not come out with a recommendation that the Judge be removed.
Even if the Government were disposed to be generous and let him resign early, it is difficult to see how this could extend beyond about the end of the year, which would not solve his financial troubles.
It is, you may think, important that whatever action is taken should not look like a reaction to Litton's article and to pressure by the press.
I do not wish to enter argument at this stage with Litton, except to say that some of his conclusions are suspect and that the recommendations in the Law Journal for the easier removal of judges are not likely to command general support.
Too much weight should not be given to
Benson's letter. It must not be overlooked that he is a disgruntled witness, whose evidence was largely ignored by the Judge. His valid points, which merit further consideration, are those which suggest misconduct outside the court. These are discussed above.
My view of the attitude of Barker, J.A's colleagues and of the Bar, is patchy, as I have sat little since November. Sir T.L's is more up-to-date and more representative. He told the Judge this morning that his view was that the Judge had lost confidence and should resign. Barker, .A. did not comment on this.
You are, I am afraid, still faced with two sets of advice, though we are both agreed that you should not invoke the Letters Patent.
I am somewhat more optimistic than Sir T.L. about the prospect of the Judge resigning if pushed hard, though the more generous the Government was, the easier it would be for him to do so.
It is difficult for me to say how far I have been influenced by his wife's illness. It is possible that, were it not for that, I would have accepted his resignation last October when the articles first appeared in TARGET. I did not do so then, and I do not think that any new factors have emerged which would justify me in changing my mind at this stage.
CONFIDENTIAL
Cont'd