Kearney Robert

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

Robert Kearney, a barrister of Inner Temple, admitted charges in two consolidated cases involving sexual harassment/inappropriate conduct of a sexual nature towards a mini-pupil (July 2018) and two pupils (February 2020), breaching Core Duties 3 and 5 and Rule rC8. He had prior disciplinary findings for similar conduct in 2017 and 2015. The Tribunal assessed both cases as falling within the upper range of seriousness under Group B of the Sanctions Guidance. Despite mitigation (admissions, remorse, rehabilitative steps, strong references) and arguments about BSB delay, the Tribunal unanimously concluded that disbarment was the only just and proportionate sanction for each case. No express finding of dishonesty was made. No fine or costs order was recorded in this sanction decision.

Duties found breached:

• Overriding duty to the court
• Uphold public trust in the profession
• No unlawful discrimination or harassment

Aggravating factors:

• Previous disciplinary findings for similar sexual misconduct offences (2017 and 2015 matters)
• Lack of insight until admission in late 2022
• Likelihood of repetition, particularly if inebriated
• Alcohol misuse linked to the misconduct
• Experienced/senior member of the Bar
• Conduct in a professional context, in front of others, directed at persons in a vulnerable situation, sustained, with significant disparity in seniority

Mitigating factors:

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