Kearney Robert

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Robert Kearney, a barrister, admitted charges of professional misconduct of a sexual nature in two consolidated cases: sexual harassment of a mini-pupil in July 2018 (Case 2021/4962) and inappropriate sexual comments and physical contact towards two pupils at a chambers social event in February 2020 (Case 2020/0928). The charges involved breaches of Core Duties 3 and 5 and Rule rC8. The Tribunal noted prior disciplinary findings (2017 and 2015 matters) as aggravating. It found all conduct fell within the upper range of seriousness under Group B of the Sanctions Guidance. Despite mitigation (admissions, remorse, rehabilitation, references) and arguments about BSB delay, the Tribunal unanimously concluded disbarment was the only just and proportionate sanction for both cases. No express finding of dishonesty was made (charges concerned integrity/trust). No fine or costs were stated in this sanction decision.

Duties found breached:

• No taking unfair advantage
• Uphold public trust in the profession

Aggravating factors:

• Previous disciplinary findings for similar offences (2017 male pupil; 2015 mini-pupil)
• Lack of insight until admission in 2022
• Likelihood of repetition, particularly if inebriated
• Alcohol misuse linked to the misconduct
• Senior/experienced barrister
• Misconduct in professional context, sustained, in front of others, towards vulnerable junior persons with significant disparity in seniority

Mitigating factors:

• Admission of misconduct (though some 2 years 10 months after the event)
• Expression of remorse
• Voluntary steps taken to address behaviour and prevent recurrence
• Strong character references from male and female colleagues