Disciplinary Record - Robert Michael Kearney

Barrister Status:

Self Employed

Called:

Nov 1996

Inn:

Inner Temple

Hearing type:

Disciplinary Tribunal (5 Person)

Decision date

19/03/2021

Breach details:

Professional misconduct contrary to rC8, Core Duty 3 and Core Duty 5 of the Code of Conduct of the Bar of England and Wales (9th Edition), contained in Part 2 of the Bar Standards Board Handbook (1st Edition)

Offence details:

Robert Kearney, a barrister and BSB regulated person, failed to act with integrity in that during the course of a mini pupillage between 26 and 28 January 2015 with Person A, in which he was in a position of trust, he engaged in conduct set out in Schedule A towards Person A. Such conduct, taken either individually or together being inappropriate and of a sexual nature.

Robert Kearney, a barrister and BSB regulated person, behaved in a way which was likely to diminish the trust and confidence which the public places in him or in the profession, in that, during the course of a mini pupillage between 26 and 28 January 2015 with Person A, in which he was in a position of trust, he engaged in the conduct set out in Schedule A towards Person A, such conduct, taken either individually or together, being inappropriate and of a sexual nature.

Robert Kearney, a barrister and BSB regulated person, behaved in a way which could reasonably be seen by the public to undermine his integrity, in that, during the course of a mini pupillage between 26 and 28 January 2015 with Person A, in which he was in a position of trust, he engaged in the conduct set out in Schedule A towards Person A, such conduct, taken either individually or together, being inappropriate and of a sexual nature.

Schedule A

1. Robert Kearney made the following comments, or words to that effect:

i. that he kept his nails short because you can’t finger women with long nails.

ii. asked Person A if she’d ever had sex in her parents’ house and the details about it

iii. told Person A that eating pineapple makes semen taste better.

iv. said to Person A she should wear skirts and heels instead of trousers and asked Person A what was her bra size.

v. lent into Person A when the two were alone inside the lift, smelt her neck and asked Person A what perfume she was wearing.

vi. B also spoke about sex with his wife and was physically too close to Person A.

Sanction:

Suspended from practice for six months, advised to future conduct and ordered not to take any more mini pupils (Sentence came into effect, 25 January 2022).

Status:

Final