Extraordinary call for investigation into state AG and chief magistrate

A top Queensland lawyer has sensationally called for a Crime and Corruption Commission investigation into the state’s Chief Magistrate and Attorney-General.

Queensland Attorney-General Shannon Fentiman. Picture: NCA NewsWire / Dan Peled

A top Queensland lawyer has sensationally called for a Crime and Corruption Commission investigation into the state’s Chief Magistrate and Attorney-General.

It comes after Magistrate Ron Kilner claimed that he had been criticised by Chief Magistrate Janelle Brassington over comments made during an ongoing criminal case and his sitting days subsequently cancelled and moved to another court.

Dr Kilner said in open court last week that he was told by regional co-ordinating magistrate Catherine Pirie that Attorney-General Shannon Fentiman had written to Judge Brassington about comments he made during the course of a domestic violence case that were then reported in the media.

He alleged Judge Brassington took issue with his comments during a conversation with him, describing them as “inappropriate”.

Leading criminal lawyer and former president of the Queensland Law Society Bill Potts said the conduct alleged by Dr Kilner required investigation.

Criminal Lawyer Bill Potts in his Southport chambers. Picture Glenn Hampson

“Accordingly I would like to call for the matters to be referred immediately to the Crime and Corruption Commission for investigation of both the Attorney General and the Chief Magistrate...,” he said.

“Any judicial officer should not be subject to any form of interference be it political or judicial and accordingly, the restricting of where he may sit and indeed if he may sit would cause a significant chilling effect on justice in this state.”

A spokesperson for the Attorney-General Shannon Fentiman said she “categorically rejects any allegation of wrongful conduct in relation to the matter raised”.

“The Attorney-General did not make a complaint in any form to the Chief Magistrate, rather brought to her attention media reporting regarding comments made by Acting Magistrate Kilner,” the spokesperson said.

“As is the appropriate process with any such matter raised with the Attorney-General by the media or the public, it was forwarded on to the Chief Magistrate for consideration.

“The Attorney-General did not contact Acting Magistrate Kilner.”

Dr Kilner was a regional co-ordinating magistrate for 17 years until 2015 and is now a casually-employed acting magistrate.

He said in court last week that his sitting days at Beenleigh had been cancelled and moved to Southport and he was now also facing an application to recuse himself from the ongoing case in which he made the controversial comments with a hearing scheduled to be heard on Tuesday.

Mr Potts, who runs the oldest criminal law firm in the state, said the actions taken against Dr Kilner could have wider implications on magistrates who are meant to be independent both of the government and of each other.

He said he feared that magistrates could potentially be influenced “not to exercise justice without fear or favour but to exercise justice in a stunted and ultimately unsatisfactory way”.

Mr Potts, the former Queensland Law Society president who has been a practising lawyer for 40 years, said in his opinion, the proper forum for concerns would have been to appeal the ultimate decision in the case, which is still ongoing.

Mr Potts feared the comments may have impacted the case.

“It is not coincidental that after the report of the matter the police now have decided to seek that the magistrate recuse himself,” he said.

Both Judge Brassington and the CCC declined to comment.