Illawarra teacher Phil Saunders’ hearing could be aborted after potential magistrate bias
An Illawarra teacher accused of running an in-class gambling syndicate and indecently assaulting two students could be out of pocket nearly $400,000 after an extraordinary development in his hearing.
Illawarra Star
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A court has heard a conversation involving a detective and a police prosecutor could lead to a 29-day hearing collapsing with the defendant forced to cop hundreds of thousands of dollars in legal fees.
Wollongong High PDHPE teacher Phil Saunders pleaded not guilty more than two years ago to two counts of indecent assault of a person under his authority, two counts of indecent assault of a person under 16, intimidation and engaging in gambling with a minor.
The hearing in Wollongong Local Court began in October, 2022, before Magistrate Michael Ong with it originally scheduled for five days.
However, it was recognised by the magistrate, Crown prosecutor Tim George and Saunders’ barrister Mark Higgins early in the piece the matter would blow out beyond the original listing.
Since then, it has been scattered throughout dates in 2023 and 2024, including all of this week where it was anticipated closing submissions would be heard.
However, proceedings came to a halt earlier than expected on Wednesday – the 29th day of the hearing.
On Friday, Mr Ong put forward a motion to recuse himself after comments were made in an out-of-court conversation involving a detective and a police prosecutor.
The exact comments were not disclosed in open court, however, it was heard they could lead to the perception of bias and potential prejudgement of the outcome.
Mr Higgins opposed the motion, stating Saunders’ legal fees to this point had amounted to $397,0000. He also argued it would impact those who have given evidence in the drawn-out hearing.
The barrister said a “reasonable observer” would have taken the comment “in jest” or as an “opinion” and would not find Mr Ong had prejudged Saunders without hearing the entirety of the evidence.
Mr George submitted the prosecution did not see it “necessary” Mr Ong recuse himself, but said it was ultimately his decision. The Crown objected to Saunders’ legal fees being tendered with Mr George submitting “the consequence should not decide the process”.
“The tail should not be wagging the dog,” Mr George said.
The court had previously heard evidence from multiple witnesses throughout the trial regarding the alleged intimidation of a former colleague, the indecent assault of two female students and the betting ring ran from a classroom white board.
Mr Ong will hand down his decision next month.
Got a court yarn? Email dylan.arvela@news.com.au
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