John Widgery, Baron Widgery
Encyclopedia
John Passmore Widgery, Baron Widgery, OBE
, TD
, QC
, PC (24 July 1911 - 26 July 1981) was an English judge who served as Lord Chief Justice of England
from 1971 to 1980. He is principally noted for presiding over the now discredited and superseded Widgery Tribunal on the events of Bloody Sunday
.
family which had been living in South Molton
for many generations. An ancestor had been a gaoler and his mother served as a magistrate
. He attended Queen's College, Taunton
, where he became head prefect.
He was admitted a solicitor
in 1933 after serving as an articled clerk
, but instead of going into practice, he joined Gibson and Welldon, a well-known firm of law tutors. He was an effective lecturer in the years leading up to World War II
while he was also commissioned into the Royal Engineers
(Territorial Army) in 1938, having joined as a sapper
. As a searchlight
officer, in 1940 he transferred to the Royal Artillery
. Widgery participated in the Normandy landings. By the end of the war he had an OBE
, the Croix de Guerre
, and the Order of Leopold (Belgium), and had reached the rank of brigadier
.
by Lincoln's Inn
in 1946. He gathered a reputation for being a fast talker, and eventually came to specialise in disputes over rating
and town planning
, where his methodical approach and self-control were useful attributes. In 1958 he was made a Queen's Counsel
, the first such award given to a post-war barrister
.
Widgery became a High Court judge in 1961. As a judge he did not draw attention to himself and his judgments tended not to include any comments which were pithy, memorable or quotable. However, his calmness produced judgments which were generally regarded as fair and humane. One example cited in the Oxford Dictionary of National Biography was his justification for limiting damages for economic loss in Weller v Foot and Mouth Disease Research Institute, a judgment handed down in 1966. Widgery headed several inquiries during his term.
in 1968, but had barely got used to his new position when Lord Parker of Waddington
(who had been Lord Chief Justice
since 1958) announced his retirement. There was no obvious successor and Widgery was the most junior of the possible appointees. The Lord Chancellor
, Lord Hailsham
, chose Widgery largely on the basis of his administrative abilities. On 20 April 1971 he received a life peerage as Baron Widgery, of South Molton in the County of Devon
.
, where troops from the Parachute Regiment had killed 13 civil rights marchers, commonly referred to as Bloody Sunday
(a 14th person died shortly after Widgery's appointment). Widgery was faced with testimony from the soldiers, who claimed they had been shot at, while the marchers insisted that no one from the march was armed. Widgery produced a report that took the army's side. Widgery put the main blame for the deaths on the march organisers for creating a dangerous situation where a confrontation was inevitable. His fiercest criticism of the Army was that the "firing bordered on the reckless".
The Widgery Report was accepted by the British government and Northern Irish Unionists but was immediately denounced by Nationalist politicians, and people in the Bogside
and Creggan areas were reported to be disgusted by his findings. The British Government had acquired some goodwill because of its suspension of the Stormont Parliament
, but that was said to have disappeared when Widgery's conclusions were published. The grievance with Widgery's findings lingered and the issue remained live as the peace process advanced in the 1990s.
In January 1998, on the eve of the 26th anniversary of Bloody Sunday, Tony Blair
announced a new inquiry, criticising the rushed process in which Widgery failed to take evidence from those wounded and did not personally read eyewitness accounts. The resulting Bloody Sunday Inquiry
lasted 12 years before the Saville Report was published on 15 June 2010. It demolished the Widgery report, finding that soldiers lied about their actions and falsely claimed to have been attacked.
Prime Minister David Cameron
, on behalf of the United Kingdom, formally apologised for the "unjustified and unjustifiable" events of Bloody Sunday. As a result of the Saville report, even observers who are natural supporters of the Army now regard Widgery as discredited: the conservative historian and commentator Max Hastings has described the Widgery report as "a shameless cover-up".
diaries case when the government attempted to suppress the publication on the grounds of confidentiality. He made it clear during the case that he felt Crossman had "broken the rules," but ultimately refused to grant an injunction preventing publication. In criminal cases, Widgery became concerned by an increasing number of cases resting on weak identification evidence. He declared in 1974 that misidentification was "the most serious chink in our armour when we say British justice is the best in the world." In March 1976 Widgery dismissed the first appeal by the Birmingham Six
in respect of the Birmingham pub bombings
.
His later years in office were marred by persistent ill health and mental decline. In Private Eye
it was claimed that "he sits hunched and scowling, squinting into his books from a range of three inches, his wig awry. He keeps up a muttered commentary of bad-tempered and irrelevant questions – 'What d'you say?', 'Speak up', 'Don't shout', 'Whipper-snapper', etc.". He resisted attempts to get him to resign until the last moment, in 1980. For at least 18 months previously he had not been in control of either his administrative work or his legal pronouncements, he would fall asleep in court, and it soon became apparent that he was suffering from dementia
. He died two days after his 70th birthday, in 1981.
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
, TD
Territorial Decoration
The Territorial Decoration was a medal of the United Kingdom awarded for long service in the Territorial Force and its successor, the Territorial Army...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, PC (24 July 1911 - 26 July 1981) was an English judge who served as Lord Chief Justice of England
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
from 1971 to 1980. He is principally noted for presiding over the now discredited and superseded Widgery Tribunal on the events of Bloody Sunday
Bloody Sunday (1972)
Bloody Sunday —sometimes called the Bogside Massacre—was an incident on 30 January 1972 in the Bogside area of Derry, Northern Ireland, in which twenty-six unarmed civil rights protesters and bystanders were shot by soldiers of the British Army...
.
Early career and war service
Widgery came from a North DevonNorth Devon
North Devon is the northern part of the English county of Devon. It is also the name of a local government district in Devon. Its council is based in Barnstaple. Other towns and villages in the North Devon District include Braunton, Fremington, Ilfracombe, Instow, South Molton, Lynton and Lynmouth...
family which had been living in South Molton
South Molton
"Molton" redirects here. Or see Molten or Moulton.South Molton is a small town in Devon, England. It is part of the North Devon local government district. The town is on the River Mole. According to the 2001 census the civil parish of South Molton had a population of 4,093.The town was one of...
for many generations. An ancestor had been a gaoler and his mother served as a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
. He attended Queen's College, Taunton
Taunton
Taunton is the county town of Somerset, England. The town, including its suburbs, had an estimated population of 61,400 in 2001. It is the largest town in the shire county of Somerset....
, where he became head prefect.
He was admitted a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
in 1933 after serving as an articled clerk
Articled clerk
An articled clerk, also known as an articling student, is an apprentice in a professional firm in Commonwealth countries. Generally the term arises in the accountancy profession and in the legal profession. The articled clerk signs a contract, known as "articles of clerkship", committing to a...
, but instead of going into practice, he joined Gibson and Welldon, a well-known firm of law tutors. He was an effective lecturer in the years leading up to World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
while he was also commissioned into the Royal Engineers
Royal Engineers
The Corps of Royal Engineers, usually just called the Royal Engineers , and commonly known as the Sappers, is one of the corps of the British Army....
(Territorial Army) in 1938, having joined as a sapper
Sapper
A sapper, pioneer or combat engineer is a combatant soldier who performs a wide variety of combat engineering duties, typically including, but not limited to, bridge-building, laying or clearing minefields, demolitions, field defences, general construction and building, as well as road and airfield...
. As a searchlight
Searchlight
A searchlight is an apparatus that combines a bright light source with some form of curved reflector or other optics to project a powerful beam of light of approximately parallel rays in a particular direction, usually constructed so that it can be swiveled about.-Military use:The Royal Navy used...
officer, in 1940 he transferred to the Royal Artillery
Royal Artillery
The Royal Regiment of Artillery, commonly referred to as the Royal Artillery , is the artillery arm of the British Army. Despite its name, it comprises a number of regiments.-History:...
. Widgery participated in the Normandy landings. By the end of the war he had an OBE
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
, the Croix de Guerre
Croix de guerre
The Croix de guerre is a military decoration of France. It was first created in 1915 and consists of a square-cross medal on two crossed swords, hanging from a ribbon with various degree pins. The decoration was awarded during World War I, again in World War II, and in other conflicts...
, and the Order of Leopold (Belgium), and had reached the rank of brigadier
Brigadier
Brigadier is a senior military rank, the meaning of which is somewhat different in different military services. The brigadier rank is generally superior to the rank of colonel, and subordinate to major general....
.
Barrister
Demobilization saw Widgery changing to another branch of the legal profession as he was called to the barBar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
by Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
in 1946. He gathered a reputation for being a fast talker, and eventually came to specialise in disputes over rating
Rates (tax)
Rates are a type of property tax system in the United Kingdom, and in places with systems deriving from the British one, the proceeds of which are used to fund local government...
and town planning
Urban planning
Urban planning incorporates areas such as economics, design, ecology, sociology, geography, law, political science, and statistics to guide and ensure the orderly development of settlements and communities....
, where his methodical approach and self-control were useful attributes. In 1958 he was made a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, the first such award given to a post-war barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
.
Widgery became a High Court judge in 1961. As a judge he did not draw attention to himself and his judgments tended not to include any comments which were pithy, memorable or quotable. However, his calmness produced judgments which were generally regarded as fair and humane. One example cited in the Oxford Dictionary of National Biography was his justification for limiting damages for economic loss in Weller v Foot and Mouth Disease Research Institute, a judgment handed down in 1966. Widgery headed several inquiries during his term.
Appellate courts
He received promotion to the Court of AppealCourt of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
in 1968, but had barely got used to his new position when Lord Parker of Waddington
Hubert Parker, Baron Parker of Waddington
Hubert Lister Parker, Baron Parker of Waddington PC was a British Judge who served as Lord Chief Justice of England from 1958 to 1971...
(who had been Lord Chief Justice
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
since 1958) announced his retirement. There was no obvious successor and Widgery was the most junior of the possible appointees. The Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, Lord Hailsham
Quintin Hogg, Baron Hailsham of St Marylebone
For the businessman and philanthropist, see Quintin Hogg Quintin McGarel Hogg, Baron Hailsham of St Marylebone, KG, CH, PC, QC, FRS , formerly 2nd Viscount Hailsham , was a British politician who was known for the longevity of his career, the vigour with which he campaigned for the Conservative...
, chose Widgery largely on the basis of his administrative abilities. On 20 April 1971 he received a life peerage as Baron Widgery, of South Molton in the County of Devon
Devon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
.
Widgery Tribunal
Shortly after taking over, Widgery was handed the politically sensitive job of conducting an inquiry into the events of 30 January 1972 in DerryDerry
Derry or Londonderry is the second-biggest city in Northern Ireland and the fourth-biggest city on the island of Ireland. The name Derry is an anglicisation of the Irish name Doire or Doire Cholmcille meaning "oak-wood of Colmcille"...
, where troops from the Parachute Regiment had killed 13 civil rights marchers, commonly referred to as Bloody Sunday
Bloody Sunday (1972)
Bloody Sunday —sometimes called the Bogside Massacre—was an incident on 30 January 1972 in the Bogside area of Derry, Northern Ireland, in which twenty-six unarmed civil rights protesters and bystanders were shot by soldiers of the British Army...
(a 14th person died shortly after Widgery's appointment). Widgery was faced with testimony from the soldiers, who claimed they had been shot at, while the marchers insisted that no one from the march was armed. Widgery produced a report that took the army's side. Widgery put the main blame for the deaths on the march organisers for creating a dangerous situation where a confrontation was inevitable. His fiercest criticism of the Army was that the "firing bordered on the reckless".
The Widgery Report was accepted by the British government and Northern Irish Unionists but was immediately denounced by Nationalist politicians, and people in the Bogside
Bogside
The Bogside is a neighbourhood outside the city walls of Derry, Northern Ireland. The area has been a focus point for many of the events of The Troubles, from the Battle of the Bogside and Bloody Sunday in the 1960s and 1970s...
and Creggan areas were reported to be disgusted by his findings. The British Government had acquired some goodwill because of its suspension of the Stormont Parliament
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
, but that was said to have disappeared when Widgery's conclusions were published. The grievance with Widgery's findings lingered and the issue remained live as the peace process advanced in the 1990s.
In January 1998, on the eve of the 26th anniversary of Bloody Sunday, Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
announced a new inquiry, criticising the rushed process in which Widgery failed to take evidence from those wounded and did not personally read eyewitness accounts. The resulting Bloody Sunday Inquiry
Bloody Sunday Inquiry
The Bloody Sunday Inquiry, also known as the Saville Inquiry or the Saville Report after its chairman, Lord Saville of Newdigate, was established in 1998 by British Prime Minister Tony Blair after campaigns for a second inquiry by families of those killed and injured in Derry on Bloody Sunday...
lasted 12 years before the Saville Report was published on 15 June 2010. It demolished the Widgery report, finding that soldiers lied about their actions and falsely claimed to have been attacked.
Prime Minister David Cameron
David Cameron
David William Donald Cameron is the current Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service and Leader of the Conservative Party. Cameron represents Witney as its Member of Parliament ....
, on behalf of the United Kingdom, formally apologised for the "unjustified and unjustifiable" events of Bloody Sunday. As a result of the Saville report, even observers who are natural supporters of the Army now regard Widgery as discredited: the conservative historian and commentator Max Hastings has described the Widgery report as "a shameless cover-up".
Lord Chief Justice
Widgery also found himself ruling on the CrossmanRichard Crossman
Richard Howard Stafford Crossman OBE was a British author and Labour Party politician who was a Cabinet Minister under Harold Wilson, and was the editor of the New Statesman. A prominent socialist intellectual, he became one of the Labour Party's leading Zionists and anti-communists...
diaries case when the government attempted to suppress the publication on the grounds of confidentiality. He made it clear during the case that he felt Crossman had "broken the rules," but ultimately refused to grant an injunction preventing publication. In criminal cases, Widgery became concerned by an increasing number of cases resting on weak identification evidence. He declared in 1974 that misidentification was "the most serious chink in our armour when we say British justice is the best in the world." In March 1976 Widgery dismissed the first appeal by the Birmingham Six
Birmingham Six
The Birmingham Six were six men—Hugh Callaghan, Patrick Joseph Hill, Gerard Hunter, Richard McIlkenny, William Power and John Walker—sentenced to life imprisonment in 1975 in the United Kingdom for the Birmingham pub bombings. Their convictions were declared unsafe and quashed by the Court of...
in respect of the Birmingham pub bombings
Birmingham pub bombings
The Birmingham pub bombings occurred on 21 November 1974 in Birmingham, England. The explosions killed 21 people and injured 182. The devices were placed in two central Birmingham pubs – the Mulberry Bush and the Tavern in the Town . Although warnings were sent, the pubs were not evacuated in time...
.
His later years in office were marred by persistent ill health and mental decline. In Private Eye
Private Eye
Private Eye is a fortnightly British satirical and current affairs magazine, edited by Ian Hislop.Since its first publication in 1961, Private Eye has been a prominent critic and lampooner of public figures and entities that it deemed guilty of any of the sins of incompetence, inefficiency,...
it was claimed that "he sits hunched and scowling, squinting into his books from a range of three inches, his wig awry. He keeps up a muttered commentary of bad-tempered and irrelevant questions – 'What d'you say?', 'Speak up', 'Don't shout', 'Whipper-snapper', etc.". He resisted attempts to get him to resign until the last moment, in 1980. For at least 18 months previously he had not been in control of either his administrative work or his legal pronouncements, he would fall asleep in court, and it soon became apparent that he was suffering from dementia
Dementia
Dementia is a serious loss of cognitive ability in a previously unimpaired person, beyond what might be expected from normal aging...
. He died two days after his 70th birthday, in 1981.