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CONFIDENTIAL STAFF IN CONFIDENCE Q DIST 7
CONFIDENTIAL
STAFF IN CONFIDENCE
FM HONG KONG
TO DESKBY 14090OZ FCO
TELNO 1075
OF 14075OZ MARCH 88
ན
HUD 373|L ниб
006723
MDHIAN 1912
FOLLOWING PERSONAL FOR PAUL, HKD, FROM GOVERNOR
MY TELNO 896: MR JUSTICE BARKER
SUMMARY
1. MR JUSTICE BARKER HAS SUBMITTED A LETTER OF RESIGNATION TO BE
EFFECTIVE FROM 1 JANUARY 1989. THE TIMING WOULD ENABLE HIM
TO TRANSFER TO MORE FAVOURABLE PENSION ARRANGEMENTS. MEANWHILE
HE WILL BE GIVEN NON-JUDICIAL DUTIES. I PROPOSE TO ACCEPT THE
RESIGNATION.
DETAIL
2. AS FORESEEN IN TUR, I MET SIR DENYS ROBERTS (CHIEF JUSTICE) AND SIR TL YANG (CHIEF JUSTICE DESIGNATE) ON 4 MARCH. I WENT IN DETAIL THROUGH THE ALLEGATIONS MADE ABOUT MR JUSTICE BARKER'S
CONDUCT. I AM SENDING BY BAG A RECORD OF THE MEETING TOGETHER
WITH COPIES OF CORRESPONDENCE WITH THE CJ WHICH PRECEDED AND
FOLLOWED IT.
3. AT THE MEETING WE DEALT WITH THE FOLLOWING POINTS:
AS
(I) ALLEGATIONS OF INCOMPETENT HANDLING OF THE CARRIAN TRIAL.
BOTH SIR D ROBERTS AND SIR T L YANG CONSIDERED THAT THE COURT OF
APPEAL HAD DEALT FULLY WITH THE LEGAL ERRORS ARISING DURING THE
TRIAL. NO FURTHER ACTION SHOULD BE TAKEN ON ACCOUNT OF THESE.
TO BARKER'S CONDUCT OF THE TRAIL THE CJ THOUGHT THAT THOSE ON THE
PRESECUTION SIDE (INCLUDING LORD BENSON) WOULD INEVITABLY TAKE A
DIFFERENT VIEW FROM THE DEFENCE. THE CJ DESIGNATE THOUGHT THAT
WHAT HAD BEEN SAID ABOUT THE JUDGE'S BEHAVIOUR IN COURT WAS NOT
SUFFICIENT TO JUSTIFY REMOVING HIM FROM OFFICE.
BARKER
TRIAL.
HIS
THAT
(II) ALLEGATIONS OF UNFITNESS DURING THE CARRIAN TRIAL.
HAD ADMITTED DRINKING TOO MUCH DURING THE COURSE OF THE
DOCTOR BELIEVES THAT HE SUFFERED FROM ALCOHOLISM DURING
PERIOD: BUT NO MEDICAL ASSESSMENT HAD BEEN MADE AT THE TIME AND
IT WAS DIFFICULT TO PROVE ANYTHING IN RETROSPECT. BARKER HAD
SINCE STOPPED DRINKING. PRESENT MEDICAL ADVICE SHOWED THAT HE
IS FIT TO CARRY OUT HIS DUTIES ALTHOUGH IT REMAINED UNCERTAIN HOW
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