The ally of Jeremy Corbyn, who directed that a Labour member who posted an antisemitic image from a far-right website should not face immediate suspension because it was "anti-Israel, not anti-Jewish”, reportedly also declined to suspend another member accused of antisemitism and racially abusing a mixed-race employee.
According to leaked emails seen by The Sunday Times, Thomas Gardiner, Labour’s head of governance and legal, decided not to take action against a man who described former Labour MP Chuka Umunna as “black on the outside, blue on the inside.”
When a mixed-race staffer objected to the member’s, description of Mr Umunna he reportedly responded: “You would say that, wouldn’t you?”
According to The Sunday Times, Mr Gardiner’s department did not respond to the complaints about the unnamed member for five months, saying a “huge influx of cases” and a administrative error was the cause for the delay.
Action was taken after the mixed-race employee said they were “concerned and disappointed” by the delay and said they were worried about facing further racial abuse at party events.
A email sent in January by an aide to Mr Gardiner stated: “Thomas made a decision for a notice of investigation to be issued rather than a suspension. So this means the respondent is able to attend party meetings etc.”
A further email told the concerned staff member that their “comments below about anticipating further abuse will be passed on to the investigating officer.”
A Labour source told The Sunday Times that Mr Gardiner decided not to suspend the member because the alleged remarks were made online rather than in person.
However the member went on to post a story in April about Israel being behind the 9/11 terror attacks as well as an illustration of an airplane with a Star of David heading toward the Twin Towers.
It is understood that Mr Gardiner suspended him after these posts.
Two staff members witnessed the anti-semitic and racist abuse - but Labour says it did not suspend the man as it happened in person, not online, requiring more proof. Only once he continued posting racist remarks was he suspended almost 8 months later in April. pic.twitter.com/HIsy3J4DdQ
— Gabriel Pogrund (@Gabriel_Pogrund) July 20, 2019
Mr Gardiner was marred in controversy after the case of Kayla Bibby, who posted an antisemitic image of an alien with the Star of David on its back grasping the Statue of Liberty by the face, suggesting control over the US, was made public.
Ms Bibby added the Facebook caption: "The most accurate photo I've seen all year!"
The case was examined last year and Ms Bibby, who attended Labour's conference in September as a delegate from the Liverpool Riverside constituency, was let off with a warning.
Emails leaked to The Times revealed Mr Gardiner rejected the suggestion by Labour Party staff to suspend her arguing that the images were “anti-Israel, not anti-Jewish.”
The news comes as a former complaints officer at Labour headquarters Tim Dexter told the newspaper that Mr Gardiner took over investigations and disciplinary proceedings into party members accused of antisemitism.
The Labour whistleblower who left the party just three months ago said Mr Gardiner seized control of "all" complaints over antisemitism.
Mr Dexter said Mr Gardiner, was given personal sign off of all complaints involving anti-Jewish racism.
He said Mr Gardiner refused to suspend one man who had called two Jewish MPs "Zionist c** buckets."
The party’s national executive committee (NEC) and shadow cabinet are expected to hold meetings next week in order to discuss Labour’s antisemitism crisis.
Meanwhile the Jewish Labour Movement (JLM) has written to every member of the shadow cabinet calling on them to end the “institutional racism in the party.”
Mike Katz, chair of the JLM, said that it may reconsider its long held association with the party if action is not taken on antisemitism.
JLM’s plea comes as a local constituency party called for the expulsion of Hilary Armstrong, a former chief whip, after she signed a letter which accused Mr Corbyn of overseeing a “toxic culture” of antisemitism in the party.
Ms Armstrong was one of 60 peers who signed a full-page ad in the Guardian accusing Mr Corbyn of “allowing antisemitism to grow in our party and presiding over the most shaming period in Labour’s history”.
Responding to the vote, Ms Armstrong: “This sadly shows how far the party has departed from its roots.
“I’m not going to shy away from demanding that the party leadership take real and decisive action to rid antisemitism from the Labour party.”