Richard Mawrey

Richard Mawrey, KC is a barrister and Deputy High Court Judge in the United Kingdom. He is a bencher of Gray's Inn and a member of Henderson Chambers.[1] In his role as a judge in election cases, he has repeatedly criticised the postal voting system in the United Kingdom.

Mawrey came to public notice in 2005 as the Commissioner presiding over the Election court which ruled that the 2004 elections in two Birmingham City Council wards, Aston and Bordesley Green, had been invalid due to extensive electoral fraud through the manipulation of postal ballots.[2][3] He found six Labour councillors personally guilty of corrupt practices, although one was cleared on appeal.[4] He also severely criticised the whole postal vote system, saying, of a Government statement that "the systems already in place to deal with the allegations of electoral fraud are clearly working", that "anybody who has sat through the case I have just tried and listened to evidence of electoral fraud that would disgrace a banana republic would find this statement surprising."[5]

Other recent cases in which Mawrey has sat as Commissioner in election cases include a petition against the result for the Central ward of Slough Borough Council held on 3 May 2007.[6] In that case he said "I have been appalled ... by the ease with which these substantial frauds were committed", and went on to say that "despite the 2006 [Electoral Administration] Act, the opportunities for easy and effective electoral fraud remain substantially as they were on 4th April 2005."[7]

Mawrey's most recent Election Petition judgement was in Erlam & Ors v Rahman & Anor when he removed from public office, with immediate effect, the London Borough of Tower Hamlets elected mayor Lutfur Rahman and an elected serving councillor Alibor Choudhury. Both men were members of the subsequently de-registered Tower Hamlets First political party.

In addition to presiding over legal cases, he has advocated electoral law reform, but his arguments have been criticised by some academics such as Toby James.[8]

  1. ^ "Barrister profile: Richard Mawrey". Legal 500. Retrieved 8 October 2010.
  2. ^ "Judgment in the matters of Local Government elections for the Bordesley Green and Aston Wards of the Birmingham City Council both held on 10th June 2004". 4 April 2005. Retrieved 15 June 2015.
  3. ^ BBC coverage of Mawrey's ruling
  4. ^ "Afzal, R (on the application of) v Election Court & Ors 2005 EWCA Civ 647". British and Irish Legal Information Institute. 26 May 2005. Retrieved 30 April 2010.
  5. ^ Para 716 of the "Judgment in the matters of Local Government elections for the Bordesley Green and Aston Wards of the Birmingham City Council both held on 10th June 2004". Paul Janik. 4 April 2005. Retrieved 15 June 2015.
  6. ^ "Simmons v Khan 2008 EWHC B4 (QB)". British and Irish Legal Information Institute. 18 March 2008. Retrieved 1 May 2010. and "The Conservative and Unionist Party v The Election Commissioner & Ors 2010 EWHC 285 (Admin)". British and Irish Legal Information Institute. 19 February 2010. Retrieved 1 May 2010.
  7. ^ Paras 345 and 352 of Simmons v Khan
  8. ^ "Postal voting and electoral fraud: A reply to Richard Mawrey QC". 12 March 2014.