Victim speaks out in Magistrate Ron Kilner recusal matter

The woman at the centre of a domestic violence matter that may see a Queensland magistrate removed from the case has thrown her support behind the application for his recusal.

Troy Matheson. Picture: Facebook

An alleged domestic violence victim has supported an application to have a Magistrate removed from her estranged husband’s matter, following his controversial comments, which the women deemed to be “inappropriate”.

Magistrate Ron Kilner was asked by the prosecution to recuse himself from the matter of Troy Matheson after he refused to sentence Mr Matheson despite a guilty plea and made comments on September 20, blaming the defendant’s alleged offending on his ex-wife’s alleged infidelity and calling the situation a “travesty of justice”.

A recusal application for Dr Kilner was brought on in Beenleigh Magistrates Court on November 22, 2022.

Dr Kilner told the court he needed more time to consider the submissions from the defence and prosecution and adjourned the verdict to December 5.

Mr Matheson’s former wife Leah Matheson, who was in the courtroom on both September 20 and November 22, said she was shocked by Dr Kilner’s comments on September 20.

“I was incredibly shocked by the comments from the magistrate, it was so appalling and unnecessary,” she said.

“The way he based his opinion and continued his tirade against me was shocking because I wasn’t prepared for it.

“I feel like it would be good for Dr Kilner to recuse himself, I feel like it is inappropriate for him to handle this case further. His conduct was quite ... degrading towards me.”

Ms Matheson also said the statements made about her relationship were false.

“For the record, I never cheated on Troy. My new relationship started after we had separated and this is not about ‘he cheated’, ‘she cheated’, this is about domestic violence.”

Initially, Mr Matheson plead guilty to charges of common assault, wilful damage, going armed as to cause fear and several contraventions of a domestic violence order on September 20.

He was granted bail by Dr Kilner in that court appearance.

Mr Matheson however, returned to court this week for having allegedly breached his domestic violence order again.

He appeared in Beenleigh Magistrates Court on November 22 on four charges of contravention of a domestic violence order and one count of observation or recording in breach of privacy.

The court — this time presided over by Magistrate Terry Duroux — heard Mr Matheson allegedly made phone calls to the aggrieved from a pay phone which breached the no-contact provision of the domestic violence order.

Mr Duroux denied bail and said there were no bail conditions which could be imposed that would eliminate the risk of reoffending.

“There are some very concerning aspects of these allegations. Bail is refused,” he said.

The recusal application findings will be handed down on December 5 and Mr Matheson’s matter is listed for a contested facts hearing on February 17.