New trial ordered after private meeting between judge and alleged sex abuse victim

A Melbourne teenager will have to give evidence again in a harrowing sexual abuse trial after a shock move by a judge.

A new trial has sensationally been ordered after a judge held a private meeting with a young victim of alleged sexual abuse in a “substantial miscarriage of justice”.

The Supreme Court of Victoria said the 15-year-old boy’s evidence against his stepfather had became “tainted”, after the unorthodox, pre-hearing discussion.

The stepfather, 54, who cannot be named to protect the identity of his stepson, was found guilty by a jury last year of 14 counts of indecent assault and incest.

After appealing his sentence, the Supreme Court of Victoria ruled: “The judge (by) conducting a private meeting with the critical prosecution witness was incompatible with the fundamental tenets of the system of criminal justice in this State, and constituted a serious departure from accepted trial process.”

The alleged sexual abuse victim spoke to the judge in private before he gave evidence. Picture: istock

“It occasioned a substantial miscarriage of justice, necessitating the setting aside of the applicant’s convictions.”

The County Court judge is not named in the Judgement, but was a different judge from the one who later presided over the trial.

The meeting occurred with no counsel from either side present after an intermediary appointed by the court told the judge the boy was “one of the most anxious young men that I’ve come across” and asked him to meet with him.

The judge replied he had done similar meetings in the past and explained when he met with anxious people he showed them “a picture of my big fat ginger cat which breaks the ice”.

“Do you know whether he dislikes cats?” the judge inquired of the intermediary, who told him the boy didn’t like animals, but suggested they chat about “volleyball” or music.

“The photo of the fat ginger cat will stay unrevealed, all right,” the judge replied.

The judge’s meeting with the teenager led to a “substantial miscarriage of justice”.

He said he would chat about music “but I promise I won’t raise musical icons from the 60s” after he said he wasn’t familiar “with any” of the boy’s favourite musicians.

The judge said: “It helps them at their ease … and the whole purpose of that is designed to reduce anxiety so we can have an efficient hearing.”

The Supreme Court said there was no doubt the judge was motivated by his consideration towards the young witness but a private meeting was not justified.

“Counsel submitted that the judge could have invited the complainant into the courtroom in an informal manner prior to the hearing; he could have come down off the bench; he could have talked to the complainant in the presence of counsel; and he could have removed his robes if he wanted to make the complainant feel more comfortable,” the Judgement said.

The Supreme Court of Victoria ordered a new trial. Picture: David Crosling

The Judgement revealed neither the prosecution or defence objected to the meeting.

“In our view, they should have. In any event, the judge did have a private meeting with the complainant the following day, no part of which was recorded. The process [by which the boy] came to give evidence at the special hearing was tainted as a result.”

In ordering the new trial, the Supreme Court said there was no evidence the case had been compromised.

“It is the suspicion of partiality which is aroused by the judge meeting privately with a witness which is important,” the Judgement said.

Originally published as New trial ordered after private meeting between judge and alleged sex abuse victim