inappropriate observation by Jews in general and those who had survived the holocaust in particular. 46. The appellant could have put the criticism to rest by apologising. He chose not to do so. However, he could have done so without compromising his feelings about the actions of the Mail Group and Mr Finegold as its employee. There was no reason why he should not have, as he did, explained why he had been so incensed by Mr Finegold’s actions, but made clear that he had not intended any slur on him because he was Jewish. He could and in my view should have apologised for any particular hurt occasioned, not only to him but to others, including, but not limited, to Jews for whom the actions of the Nazis in the establishment and use of concentration camps were especially loathsome. Had he done so, it is likely that no action would have been taken against him. 47. This is another reason why the sanction was unnecessarily severe. I recognise that the fact that the ESO did not seek suspension is not determinative; the Tribunal must make its own mind up. Its comments suggest that it regarded the failure to apologise as an aggravation of the misconduct which justified a more severe sanction. The appellant explained why he did not believe it was possible to apologise, but he did express regret that offence had been caused to Jewish Londoners by his remarks and make it clear that he had not intended that they should. His point was that he believed that Mr Finegold was doing something which was improper and that his reason, namely that he was doing his job, was the sort of reason used to justify any unacceptable behaviour. That his example was excessive and unnecessarily offensive is clear, but I do not believe that it justified suspension. 48. It follows that this appeal will be allowed and the finding that the appellant failed to comply with the Code of Conduct set aside. In any event, the suspension is quashed and, if I had upheld the finding, I would have directed that a notice be given to the Standards Committee of the GLA pursuant to s.79(7) of the Act.