A prominent Northern Ireland barrister will go to an industrial tribunal alleging
anti-unionist bias because of his failure to be appointed a QC.
In the unprecedented case, Peter Sefton -- whose application to become a Queen's
Counsel (silk) was rejected -- has lodged papers with the Office of Industrial
Tribunals and the Fair Employment Tribunal.
The papers claim that he was discriminated against on the grounds of religion,
gender, political belief and age.
Mr Sefton is a Protestant and unionist aged 61.
He names the Lord Chief Justice Sir Declan Morgan and Felicity Huston, the
Commissioner of Public Appointments, among the defendants. Others named include
Brian Fee QC and Norville Connolly, a Newry solicitor.
All are members of the Queen's Counsel Appointments (NI) Ltd, which is also named as
a defendant.
QC Appointments Ltd intends to fight the case. A spokeswoman said: "The appointment
of silks is handled by an independent panel and it is our understanding that they
will be firmly resisting any allegations."
Mr Sefton alleges that he was the victim of bias against middle -aged Protestant men
in the appointment of QCs.
Since judges are generally chosen from the ranks of the QCs, any change in the
religious or gender balance would eventually work through to the judiciary.
There are 669 junior barristers in Northern Ireland but only 74 QCs. In what is
known as a 'call' new QCs are appointed from the ranks of the juniors every three to
four years.
This year's call of 22 new silks has not yet been announced, but successful and
unsuccessful candidates have already been informed.
If Mr Sefton wins he could be awarded substantial damages. Silks normally command
fees at least 50% higher than junior barristers.
Mr Sefton is a well-known criminal lawyer and recently cross-examined for the
defence in the Hazel Stewart murder trial.
Mr Sefton's father James, a retired RUC reservist, and his mother Ellen were both
murdered by the IRA using an undercar booby-trap in 1990.
At the time Gerry Adams described the murders as "wrong" and "patently not a good
operation".
This is the first time judicial or bar appointments have been brought before an
industrial tribunal, but bias has been alleged before.
Earlier this year Alan Blackburn (59), another Protestant barrister of unionist
background, wrote to the Queen claiming that his age, sex, religion and
establishment background had effectively barred him from promotion.
Last night Mr Blackburn said: "I am studying this case carefully and I shall
probably join Peter in this action."
The Queen's Counsel Appointments Committee reviewed his application but upheld the
original decision not to make him a QC.
In a statement in July the committee said that "candidates were assessed on the
basis of objective criteria and there are no grounds upon which it could be alleged
that a candidate was discriminated against on the basis of his or her religion, age
or gender."
However, in his letter to the Queen Mr Blackburn said that his father was a member
of British intelligence during World War II and was the last clerk of the old
Stormont Parliament. He added that many of his relatives were "Crown servants" or
members of the security forces, and alleged that this had counted against him.
Jim Allister, the TUV leader and a QC himself, said he did not wish to comment on
particular cases but felt that "there were some aspects of this call which give
cause for concern and could be questioned."
PROFILE
Peter Sefton is a barrister in the criminal courts who has worked on many well-known
cases. Earlier this year he was on the defence team of Hazel Stewart (right), who
was convicted of the murder of her husband Trevor Buchanan and Lesley Howell, the
wife of her former lover and co-accused Colin Howell.
In 2006 Mr Sefton was part of the prosecution team against Mark Haddock, a Special
Branch agent within the UVF, who received a 10-year sentence after being convicted
of GBH against Trevor Gowdy, a pub doorman.
Also this year he successfully prosecuted Paul Currie, a Craigavon drug dealer, who
received a five-year sentence.
In 2007 he took a leading role in the successful prosecution of Jacqueline Crymble.
Mrs Crymble and her lover Roger Ferguson were found guilty of the murder of her
husband Paul.
