AN INVESTIGATION is under way into claims that a magistrate from East Lancashire fell asleep while hearing a criminal case.

Former head teacher Gary Kirkley, from Edenfield, is accused of sleeping during a hearing at Bury and Rochdale Magistrates Court earlier this month.

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Now the local advisory committee for Manchester area courts has launched a probe into the matter and Mr Kirkley, who has been on the bench for more than 13 years, has agreed to step down temporarily.

If it is found there is a case to answer then he may be referred to the Judicial Conduct Investigations Office, which has the power to either suspend or even remove magistrates from their official duties.

A spokesman for the Judicial Office said an incident involving a magis-trate has been reported and will be investigated.: “An incident involving a magistrate on January 13 has been reported to the Justices’ Clerk at Manchester & Salford Magistrates’ Court.

“The local advisory committee has directed there is to be an investigation into his conduct.”