In 2017 it was alleged in online media stories that Judge Malcolm Simmons was not qualified to perform the function of judge, he had lied in his CV, that his practising certificate in the UK had lapsed, that he had made false allegations (in 2017) about corruption within the EU in order to “deflect from his own wrongdoing” and that he had failed to cooperate with an independent investigation into his allegations of corruption. ALL of those allegations were FALSE.
In consequence, in 2018, Judge Simmons issued High Court proceedings for libel against five online publications. Each of the five defendants now accepts that the allegations were false, have made an apology and agreed to pay damages.
Judge Malcolm Simmons was an employee of the UK Foreign & Commonwealth Office and served as an international criminal judge from 2004 to 2017. From 2004 to 2008 he was an International Judge of the Court of Bosnia & Herzegovina in Sarajevo. From 2008 to 2017 he was an International Judge of the EU Rule of Law Mission in Kosovo. He presided in war crime and serious organised crime cases. He was a well-respected judge who had an unblemished career on the bench. From 2014 to 2017 he was President of EULEX Judges. Few other international judges serving in EULEX had experience presiding in serious organised crime cases. Even fewer had war crime experience. He received the highest accolades from his employers for his professionalism and commitment to service and his annual performance appraisals were exemplary. In 2016 Judge Simmons was interviewed by a panel of senior judges from The Hague and selected as a judge of the Kosovo Specialist Chambers.
In 2016 the private emails of Judge Simmons were unlawfully accessed. These emails revealed that since 2013 he had reported instances of serious misconduct, including the commission of serious criminal offences. False stories were published in order to damage his reputation ahead of damaging revelations about misconduct within the EU.
Peter Dugdale, Legal Correspondent