A magistrate has been found guilty of serious misconduct after he shared a Hamas video discussing the October 7 attack on Israel.
Abdul Malik JP initially claimed that he had been tagged in the video by someone else before admitting that he shared the post himself.
The video, which was shared in Oct 2023, reportedly contained an 18-minute talk from a press conference by the terrorist group in which a spokesman described the attack as a “supremely defensive act” and Israel as “a cancer that should be eradicated”.
Mr Malik, of the Avon and Somerset Bench, insisted that he did not endorse Hamas and has been “consistently critical” of the group in his position as chair of a large mosque in Bristol.
But a committee found that his actions amounted to “serious misconduct” as Mr Malik “failed to exercise due care and diligence”, both in the sharing of the post and denying responsibility.
In England, magistrates are volunteers who preside over criminal and civil cases at Magistrates’ courts and family courts.
‘Shared the post himself’
The Judicial Conduct Investigations Office (JCIO), which deals with complaints against judges and magistrates, has issued Mr Malik with a warning.
The JCIO said that in Oct 2023, a post appeared on Mr Malik’s Facebook timeline which showed a video from Hamas regarding their attack on southern Israel.
Initially, Mr Malik - who is also a Green Party councillor in Bristol - told the committee that he “had been tagged in the post by someone else and that it had appeared on his timeline because his account was not protected”.
But he later informed the chair, after being challenged, that he “had discovered he must have shared the post himself”.
The JCIO said: “He explained that he had shared the post without checking its source or content, and did not endorse it, comment on it or ‘like’ it.
“He agreed the post was offensive and he emphasised that he does not support Hamas…
“He removed the post as soon as he became aware of it and said he regretted sharing it and had learned from the incident.”
Mr Malik said his defence was “given in good faith” and based on his understanding at the time, which he later realises was not correct.
The JCIO added: “He had not initially notified his bench chair of the matter as he did not fully comprehend the potential implications.
“He repeatedly apologised for his behaviour and indicated measures he would take to ensure a similar incident did not occur in future.”
Mr Justice Keehan, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, issued Mr Malik with a formal warning.
The committee said: “The NCM [nominated committee member] found that Mr Malik failed to exercise due care and diligence, both in his sharing of the post and in his initial denial of responsibility, which was publicly discredited and compounded the damage caused by the initial sharing of the post.”
Reputational damage
Mr Malik gained media attention after the post was discovered and the committee said he also failed to disclose this matter to the judicial body.
The JCIO continued: “The NCM found that Mr Malik’s actions had a detrimental effect upon the dignity, standing and good reputation of the magistracy.
“In recommending a formal warning, the NCM took into consideration Mr Malik’s previously unblemished conduct record and good standing within the community, including in his role as chair of a large mosque.”