Racism claims 'made in bad faith'

A Muslim mother's claims of racism against a Christian school were made in bad faith, a court has heard.

Pakistan-born Aliya Smethurst, 37, alleges her son suffered racist abuse as a six-year-old pupil at St Christopher's School in Burnham-on-Sea.

She claims she too suffered ill-treatment on the grounds of her race while she was employed at the school as a boarding-house matron.

The alleged abuses took place between 2000 and 2001.

'Agencies called'

Paul Gilroy, for the school, told Swindon County Court: "There can rarely have been a case that has so much evidence to prove someone has been principally motivated by bad faith."

He said what Mrs Smethurst said was discriminatory behaviour by the school was in fact a response to her own conduct.

He told the court Mrs Smethurst had called in seven different agencies, including the Health and Safety Executive, the police and the Department for Education and Skills, to investigate her various concerns relating to alleged racism and, on one occasion, hygiene in the school.

Mr Gilroy also cited expert psychiatric evidence which said Mrs Smethurst was "exceptionally paranoid".

"Expert evidence shows there are clinical grounds that say (she) should not be relied upon," he said.

He then questioned why the boy, the subject of an alleged assault by a teacher, was not put in the witness box during the case - while they were happy to pose for photographs outside the court.

Oliver Hyams, for Mrs Smethurst, said in his closing statement: "If the defendants treated her less favourably because she had complained about discrimination on the grounds of race, then they cannot escape liability.

"The defendants' case is that Mrs Smethurst was paranoid. That is consistent only with her having complained in good faith."

On a point of law Mr Hyams added: "It is necessary for the employer to prove, on the balance of probabilities, that the treatment was in no sense whatsoever on the grounds of race, since only 'no discrimination whatsoever' is compatible with the burden of proof directive."

Judgment in the case is scheduled for Friday.

Mrs Smethurst, her husband 41-year-old Patrick, and family left Somerset in 2001. They now live in Arlesey, Bedfordshire.