Queensland magistrate in controversial DV matter he labelled a ‘travesty of justice’

A well-respected Queensland magistrate faces removal from a domestic violence matter after he extraordinarily overruled the defence and prosecutions’ agreement for a sentence.

A Queensland magistrate could be removed from a domestic violence court case following controversial comments he made blaming a defendant’s offending on his ex-wife’s alleged infidelity.

The comments by Magistrate Ron Kilner prompted complaints including from Chief Magistrate Janelle Brassington who labelled the comments “inappropriate”.

Dr Kilner is now facing a recusal application hearing this week and has been stood down from matters in Beenleigh Magistrates Court.

This comes after concerns were raised about his handling of a DV matter in which he overruled the prosecution and defence’s wishes to have Troy Matheson, 45, sentenced on a slew of charges, declaring it a “travesty of justice” — despite Mr Matheson having already pleaded guilty.

Mr Matheson, of Jimboomba, faced Beenleigh Magistrates Court on September 20 accused of several offences including slashing the tyres of his wife’s new partner’s car on April 3.

Since that incident, Mr Matheson has allegedly breached the domestic violence order six times.

The court heard that after Mr Matheson was arrested on June 3, his ex-wife held a “Troy is in jail party” at his house.

Mr Kilner, who returned as an acting magistrate in 2018 after retiring in 2015, scrapped proceeding with the sentence in September for charges of wilful damage, common assault, going armed as to cause fear and multiple counts of breaching a domestic violence order and instead set it down for a contested facts hearing in December.

“I wonder who should be in the dock, the aggrieved or Mr Matheson,” Mr Kilner said at the time.

“Quite frankly I think this is a travesty of justice, surely this is not what our system is about.

“His wife goes to cheat and break up a family, he tries to restore the family and is punished further.”

The victim was in the back of the courtroom at the time.

Troy Matheson. Picture: Facebook

Mr Matheson has served a total of four months in pre-sentence custody, having been released on bail multiple times before being arrested again on June 3 and remaining in custody until his appearance before Mr Kilner in September.

Mr Kilner said in Beenleigh Magistrates Court on November 16 after matter was brought forward he had received two phone calls regarding his previous comments in the Matheson matter.

“I received a phone call from Chief Magistrate Janelle Brassington who said my comments were inappropriate and she took issue to some of the language used by me,” he said.

Dr Kilner said he also received another call from the Regional co-ordinating Magistrate for Southport and Beenleigh, Catherine Pirie.

“She informed me Chief Magistrate Brassington had received a complaint from the Attorney-General amongst others,” Dr Kilner said.

“For that reason, any sitting days allotted to me in Beenleigh were cancelled and replaced by sitting days in Southport.”

Mr Kilner said a recusal application was scheduled for November 22 and he may be removed from the matter.

A spokesperson for the office of the Attorney-General confirmed they had contacted the Chief Magistrate over Mr Kilner’s comments.

“The Attorney-General wrote to the Chief Magistrate in September bringing to her attention media reporting regarding comments made by Acting Magistrate Kilner,” they said.

“The administrative responsibility for the judicial conduct of magistrates and acting magistrates, including complaints, comes under the control of the Chief Magistrate.

“As this matter is currently before the court, it would not be appropriate for the Attorney-General to comment further.”

A spokesperson for the Office of the Chief Magistrate confirmed Mr Kilner still had carriage of Matheson’s case.

“Acting Magistrates are appointed to sit when directed upon assessment of the needs of the court,” the spokesperson said.

The victim was in the courtroom at the time of Magistrate Ron Kilner’s comments. Picture: AAP/Richard Walker

In 2015, Mr Kilner in his retirement speech said domestic violence was a scourge on the modern community and said extreme examples were seen daily.

But he said at the “most weighted” other end of the spectrum there were disputes born from living in a close domestic relationship.

“Increasingly, what was intended as a mechanism to keep the peace between parties who could not live in harmony together has become a weapon in the hands of an aggrieved,” Mr Kilner said at the time.

He said this was used to achieve control over a respondent, advantage at a family court or for nonresidents to obtain residential status without waiting the required time.

“The balance needs to be restored to give domestic violence laws the clout they need to assist in reducing this blight upon our community,” he said.

Mr Kilner granted bail to Matheson on September 20 despite a previous Magistrate’s warning on June 3.

Magistrate Pamela Dowse had reluctantly granted Matheson bail due to fears around his mental instability.

“It is really very hard to give bail to people who are unstable … it is a hell of a risk and a really big worry.

“The alleged victim is very fearful and they say the only way for him to be stopped is to be in custody.”

Matheson’s lawyer Torik Dib said a magistrate would not usually overrule a matter like this but he agreed with Mr Kilner’s views.

“Mr Matheson has been faced with a conflict in his life which has resulted in him being remanded in custody for attempting to keep his family unit together,” he said.

“My client is a loving, caring and contributing member of our community.”

Matheson is scheduled to appear again in Beenleigh Magistrates Court on November 22 for the recusal hearing.