Ultra Tune mogul Sean Peter Buckley has magistrate recused over stalking and family violence comments
The founder of the Ultra Tune empire fighting stalking and assault allegations against his bikini model ex has moved to remove the magistrate listed for his hearing.
Melbourne City
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A high flying Ultra Tune magnate has had a magistrate recuse herself from hearing his case after she sentenced his associate over related offending two years ago.
Peter Buckley – also known as Sean Buckley – fronted the Melbourne Magistrates’ Court on October 8, ready to fight stalking and assault allegations brought by his ex-partner and bikini model Jennifer Cruz Cole.
In a shock move, Mr Buckley’s legal team made an application to have Magistrate Therese McCarthy recuse herself from the hearing.
The court heard Ms McCarthy had sentenced Mr Buckley’s associate Anthony Swords in 2022, where she made comments in relation to stalking and family violence.
Using a dossier of media coverage, Mr Buckley’s lawyer Dermot Dann KC read out the comments.
Mr Dann said he was “troubled” by the media’s coverage of Ms McCarthy’s comments, arguing they “undermined the presumption of innocence”.
“There are references to you stating that ‘stalking is a terrible crime’ and that ‘family violence matters must be condemned’,” he said.
“Those remarks could only have been made in reference to Mr Buckley, as Mr Swords wasn’t being charged with family violence.”
Swords was sentenced by Ms McCarthy in 2022, after he pleaded guilty to installing a hidden camera outside Ms Cole’s apartment.
In court on Tuesday, Mr Dann argued that any judge who might not be impartial or prejudiced in a matter before the court should step down.
“We don’t have to prove that you are bias, your honour, just that you could be,” he said.
Ms McCarthy took time to deliberate on her position, before ultimately recusing herself.
“Impartiality is the cornerstone of a fair and transparent justice system,” she said.
“It goes without saying that a robust approach to disqualification applications must be undertaken.”
Ms McCarthy noted that Victorian magistrates’ courts heard similar family violence and stalking cases every year, with Melbourne Magistrates’ Court “considering such matters everyday”.
“Making such comments has no bearing on Mr Buckley’s presumption of innocence,” she said.
“However, the principle that justice should both be done and seen must be upheld.”
Ms McCarthy said she wasn’t “prepared to take the risk with the public’s confidence in the justice system” and recused herself from the matter.
Mr Buckley’s case was adjourned to officially begin before a new magistrate on October 9 in the Melbourne Magistrates’ Court.
He has been charged with 12 accusations, including two counts of threats to kill, four counts of stalking, assault and installing devices in Ms Cole’s apartment and car.
Both Ms Cole and Swords are set to give evidence in the hearing.
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