Shock move as judge due to hear 1994 NCA bombing trial of Domenic Perre forced to step aside
In a shock development, the judge due to hear the 1994 NCA bombing trial has been forced to step aside – but at the request of prosecutors, not the alleged murderer.
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The Supreme Court judge scheduled to hear Domenic Perre’s murder trial over the infamous NCA bombing has been forced to step down – because he once sentenced a key witness in the case.
In a shock move on Friday, prosecutors asked Justice David Lovell to formally recuse himself from hearing the matter, which is due to go ahead without a jury.
Applications to disqualify judges are not unusual in the state’s courts, however they are filed by defendants and rarely - if ever - by prosecutors.
However, prosecutor Sandi McDonald SC said there was no alternative given the projected length and complexity of the case.
“Our application, albeit reluctantly, is for Your Honour to recuse yourself (because) you sentenced the witness in 2014,” she said.
“He is an important witness, and his credibility will be very much in issue in this trial.
“Having presided over his sentencing, Your Honour is privy to considerable information that you would not hear as the trial judge in this matter.
“We are not saying Your Honour could not bring a fair and impartial mind to the matter - but the issue for us is that views may differ about that.”
Perre, 61, is accused of murdering Detective Sergeant Geoffrey Bowen and attempting to murder lawyer Peter Wallis in the March 2, 1994, explosion on Waymouth St.
He was first arrested nine days after the incident, but the charges were dropped in September 1994 when a prosecutor ruled there was “not a reasonable prospect of conviction”.
He was arrested and charged again in March 20018.
Previously, his lawyers have attacked the case filed by prosecutors, claiming it is both “voluminous” and plagued by “contradictory narratives”.
On Friday, Ms McDonald said prosecutors had not wanted to make the application.
“In a dynamic trial situation, things can change - hence we have taken what we think is a very risk-averse and conservative approach,” she said.
Gilbert Aitken, for Perre, said he was unable to give the court his position on the application - because he “did not have enough information”.
He said prosecutors had yet to provide him with all of their materials about the witness, meaning he was unsure whether or not the application was warranted.
Justice Lovell said he would grant the application and step aside.
“I think, in the circumstances, the prosecution is right... there is potential down the track for problems to arise,” he said.
“In those circumstances, given this is a long trial, and regrettably, I formally recuse myself from hearing this trial.”
Conduct of Perre’s case now reverts to the Supreme Court registry, for a new judge to be assigned.
It is presently unknown when Perre’s trial will be heard.