Wednesday, 26 Jun 2024

Married barrister asked teenager’s bra size and told her wear ‘heels and skirts’

A barrister has been suspended after asking a teenage pupil what her bra size was and telling her to "wear skirts and heels instead of trousers".

Robert Kearney was in his late 40s when he made a series of "sleazy" comments to the aspiring lawyer who was still a university student at the time.

The married lawyer also sniffed the 19-year-old's neck while they were in a lift together and asked what perfume she was wearing, a disciplinary hearing was told.

But when the woman complained about his behaviour to her family, her mother and boyfriend both told her not to make a fuss for fear of harming her career.

The judgement in the case condemned Mr Kearney's "totally inappropriate" behaviour, suspending him from the profession for six months.

It also shed a light on what is called the "unedifying banter" and "gallows humour" prevalent among criminal barristers.

The Bar Tribunals and Adjudication Service hearing heard the woman, identified only as Person A, had been studying law when she started a "mini-pupillage" with Mr Kearney in January 2015.

MailOnline reports that during the course of three days with Mr Kearney, the barrister of 25 years made a number of remarks which made the teenager, a student at Manchester University, uncomfortable.

Several of the comments included grim and ironic jokes, known as "gallows humour" in the law profession.

In its judgment, the panel heard: "She is familiar with the unedifying banter that was part of the way of life in the criminal bar.

"She at least understood that was part of the way of life, whether good or bad and said she understood the crude humour of barristers. She said she had been around it all of her life, but it had never caused her to feel unsafe."

The woman claimed Mr Kearney told her "that eating pineapple makes semen taste better" and asked her "if she had ever had sex in her parents' house and the details about it".

While in a robing room she also said he told her "she should wear skirts and heels instead of trousers and asked her what her bra size was".

Person A said she did not reply to his comments and feigned ignorance of the innuendos.

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Tribunal Chairman Andrew Goymer said: "The advice her mother gave her was this, that it would be best to ignore it, don't laugh, and tell him that it made her feel uncomfortable and not to drink too much if she accompanied him for a drink after work."

It heard Person A kept silent about Mr Kearney's behaviour until November 2018 when she read about another incident where he had made inappropriate drunken comments to a gay pupil barrister.

Mr Goymer said: "It is not acceptable to behave in that way towards a pupil or a mini pupil, especially the latter because they may feel unable to complain about it. Such a person may also fear that a complaint would potentially impede their prospects."

At the hearing, Mr Kearney denied any wrongdoing and said he did not remember having the woman as a mini pupil.

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But the panel found his evidence "unconvincing" and found him guilty of misconduct.

It said: "This was totally inappropriate and unacceptable behaviour to show to someone who was a mini-pupil and for whom he was in a position of authority.

"She was a young woman and there was a disparity of power. He was quite a senior member of the Bar approaching 20 years call, in his late 40's and she was simply a young student.

"He was in a position to behave in this way and he thought he could, without anyone doing anything about it."

As well as suspending him for six months, Mr Kearney was ordered to pay £3,000 costs.

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