Magistrate Ron Kilner refuses to recuse himself from Troy Matheson DV matter

A woman has claimed today as a “disappointing day for domestic violence victims” after a magistrate refused to recuse himself from a controversial case involving her ex-husband.

Troy Matheson. Picture: Facebook photo

A woman has claimed today as a “disappointing day for domestic violence victims” after a Queensland magistrate refused to recuse himself from a controversial case involving her ex-husband.

Magistrate Ron Kilner dismissed the recusal application of Troy Matheson in the Beenleigh Magistrates Court on Wednesday, December 21 and will remain in charge of the matter.

Police prosecution submitted the application after Mr Kilner made controversial comments and refused to sentence Matheson on domestic violence charges when he pleaded guilty to wilful damage, going armed as to cause fear and breaches of a domestic violence order.

“This is a travesty of justice, I wonder who should be in the dock, whether it’s the aggrieved or Mr Matheson,” said Mr Kilner on September 20.

Leah Matheson. Picture: Facebook

Former wife of Troy Matheson and victim, Leah Matheson, said she was disappointed by the recusal decision.

“Frustrating is the perfect word for the circus this matter has turned into. I have now been to court 14 times in the last nine months for this,” she said.

“This is a disappointing day for domestic violence victims.”

Mr Kilner did not provide any comments in court and instead handed down his findings in writing.

“My statement has caused some controversy but only because parties want to take it out of context. This was only an observation,” he said in the recusal application decision.

“It is alleged I made emotional and concerning comments regarding the aggrieved, to say this shows apprehended bias totally misses the point.”

Magistrate Ron Kilner.

Mr Kilner rejected the prosecution's statement that his views on domestic violence were not in line with current community standards.

“Is the prosecution saying because of my comments that I am out of touch with community standards? Frankly, this is a meaningless statement with no foundation.

“I have been a magistrate for over 24 years, presided over many cases involving domestic violence and on no occasion has anyone claimed I have been biased.”

The matter will return to Beenleigh Magistrates Court on January 11 and Matheson will be sentenced.