Attorney-General Martin Pakula refers magistrate accused of groping woman at Christmas party to Judicial Commission

A MAGISTRATE accused of groping a woman at a Christmas party is the first to be referred to Judicial Commission of Victoria.

VICTORIA’s chief magistrate is refusing to suspend a fellow magistrate at the centre of a Christmas party sex scandal.

The Herald Sun can reveal that Attorney-General Martin Pakula yesterday took the extraordinary step of referring the magistrate, one of his own appointments, to the Judicial Commission of Victoria.

It is the first referral Mr ­Pakula has made to the commission, an independent body set up to investigate complaints about judicial officers, since it began in July.

MAGISTRATE PROBED ON SEXUAL ASSAULT CLAIMS

Chief Magistrate Peter Lauritsen has refused to suspend the accused magistrate.

The Chief Magistrate, Judge Peter Lauritsen, said he would not take action pending the outcome of the commission’s investigation.

He said: “I have concluded my initial inquiries into these allegations and discussed the matter with the Attorney-General. I understand the ­Attorney-General has referred the matter to the Judicial Commission of Victoria.

“The commission was created for this purpose, and this is the appropriate course of action. At this stage, I do not intend to stand down the magistrate involved,” he said.

“Standing a magistrate down from his or her duties is a very serious step. It should not be done on untested ­allegations. It would not be appropriate to comment further while the Judicial Commission of Victoria investigates.”

The magistrate is accused of groping a young woman’s buttocks and saying he “loved her” after a night of drinking at the Christmas party. There are also allegations he incited violence by ­asking a member of the public to attack a male staffer he described as a “c---”.

The magistrate has previously worked in senior positions at government agencies both locally and interstate.

Mr Pakula said: “The allegations, if true, are sufficiently concerning to warrant a referral to the Judicial Commission of Victoria. Accordingly, I have written to Chief Justice Anne Ferguson, as the chair of the Judicial Commission, to refer the matter for investigation.”

Victorian Shadow Attorney-General John Pesutto. Picture: Paul Loughnan

Shadow attorney-general John Pesutto said the court was already facing a crisis dealing with a mounting law and order challenge in Victoria.

“The presumption of innocence is a touchstone of our legal system, but the allegations are so serious and widely known that continuing in the role may present challenges for the court, with its standing and reputation being profoundly important,” he said.

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