Controversial Troy Matheson domestic violence case finalised

A controversial domestic violence court case, from which a magistrate refused to recuse himself, has finally reached a verdict — following a sentencing hearing which lasted more than four hours.

Beenleigh Courthouse. Picture: AAP/Richard Walker

A Logan Magistrate, put under fire when he refused to sentence a man for domestic violence charges has finally made a decision on the matter — at a sentence hearing which went for more than four hours.

Beenleigh truck driver, Troy Matheson, 45, pleaded guilty in Beenleigh Magistrates Court from custody on January 11 to charges of common assault, wilful damage, breach of bail, going armed as to cause fear, and observing or recording in breach of privacy.

Magistrate Ronald Kilner heard Matheson had slashed the tyres of his ex-wife’s new partner’s car on April 3, assaulted her best friend in March, and was caught in possession of flick knife.

He had also been charged after contacting his ex-wife multiple times, texting and calling her, observing her on their home security cameras and destroying her security cameras.

While he pleaded guilty to the charges, Matheson argued that his actions were spurred on by his ex-wife’s infidelity and that she was allegedly tracking his phone.

“A lot of the allegations, it’s the defendant’s view of what things occurred, not her’s,” police prosecutor Sergeant Donna Kay said.

“She doesn’t accept that she has been unfaithful to him.

“(The aggrieved) states she wouldn’t even know how to track his phone, she completely denied that she’s done that.”

Troy Matheson. Picture: Facebook

Meanwhile prosecution argued that claims by Matheson, contained within a psychological report presented to the court, that his then partner was becoming toxic, and had called him fat and lazy, were one-sided.

“She was distancing herself from him,” Sergeant Kay said.

“She doesn’t deny there had been issues.

“She said she was joking and telling him he had put on a bit of weight.”

However Mr Kilner said that if Matheson had brought up the issues in his sessions with the psychologist, that her comments must have made an impact on him and questioned whether the sentence should again go ahead if both parties did not agree on the facts of the case — as is required for a sentence for a plea of guilty.

“The point is that whether it has been said jokingly or where he has and hadn’t done certain things, it’s obvious it had an impact on him as he’s reported it to the psychologist,” Mr Kilner said.

“It’s a little bit of paranoia on both sides.”

Magistrate Ron Kilner.

The court also heard Matheson suffered depression and anxiety.

Sergeant Kay requested Magistrate Kilner put less weight on the reasoning for Matheson’s offending recorded in the psychological report, when determining his sentence.

“My submission is that it’s not crucial to determining whether these offences are committed and I don’t think it goes strongly in relation to lowering or increasing the sentence you are to impose,” Sergeant Kay said.

“I’m simply suggesting that you would place less weight on his reasons for why he’s feeling the way he is.”

Magistrates Kilner said he could not make a decision unless the prosecution was in agreement on the standing of the psychological report.

“Are you saying he’s made all of this up?” Mr Kilner said.

“You have to be careful there Sergeant, you can’t have two bites of the cherry.

“You can’t have it both ways, you either agree from an objective point of view these facts that are on the report were the basis for forming a diagnosis stand or either you’re saying the diagnosis doesn’t stand.

“We are wasting our time today.

“I’m now left in a situation where it’s yes you did no you didn’t situation, I’ve got nothing to back it up with, no evidence.

“How am I supposed to make some sort of finding based on a yes you did, no you didn’t, situation?

“Quite frankly I thought the purpose of today was a sentencing hearing on the basis that everything had been agreed upon.

“I will not do this on the run.

“On the last occasion I wasn’t prepared to do a sentence on the hop.

“I can only make findings on evidence that is before me or material being agreed on before the parties.”

Matheson’s lawyer, Torik Dib, said Matheson was remorseful for his actions and urged Mr Kilner not to record a conviction as it may affect Matheson’s career as a truck driver.

“You’ve decided not to recuse yourself which I asked you to do, I accept that,” Mr Dib said.

“He is remorseful for his actions.

“He suffering severe financial hardship.

“He has already lost a lot of jobs that he had procured.”

Magistrate Kilner said Matheson needed to be rehabilitated in the community.

“He needs to have something to stop him for reoffending,” Mr Kilner said.

“It is clear your behaviour had an unsettling effect on (your wife).

“With proper rehabilitation the reoffending will cease.”

A total of 218 days Matheson spent in pre-sentence custody was taken into account but not declared as time served.

He was sentenced to a period of probation of 18 months, with special conditions to undertake mental health plan.

He was ordered to pay restitution of $2000 to Ms Matheson’s current partner for slashing his tyres.

Convictions were recorded.