Devoted Saints fan Magistrate Stephen Lee discharges himself from Robert Eddy hearing

A magistrate has discharged himself from overseeing a case involving former St Kilda footballer Robert Eddy at the last minute, despite earlier declaring no conflict of interest.

A ‘devoted’ Saints fan magistrate has discharged himself from overseeing a case involving former St Kilda footballer Robert Eddy at the last minute because of a conflict of interest.

A magistrate has made the rare move of recusing himself from the case of a former St Kilda footballer accused of beating up his girlfriend because he is a devoted Saints fan.

Magistrate Stephen Lee discharged himself from presiding in the matter against Robert Eddy halfway through a two-day contested hearing — and after the complainant had given evidence — at Moorabbin Magistrates Court.

Mr Lee had raised the conflict — saying he was a member of the St Kilda Football Club and attended every game in Melbourne, along with his three sons — at the end of the first day of the hearing on May 30.

The experienced magistrate said he felt he could remain impartial and continue on the case if the parties had no objections.

Both defence and prosecution were happy to proceed.

But on the eve of the hearing returning to court last week, Mr Lee raised he had given it further consideration and felt he could no longer hear the case.

Former AFL player Robert Eddy leaving Moorabbin court with his mother. Picture: David Crosling

The matter has now been taken over by magistrate Luisa Bazzani, who on Friday seemed surprised when told by Mr Eddy’s defence counsel Rahmin de Kretser of Mr Lee’s self-recusal.

“All right, am I supposed to declare that I barrack for Carlton?” she quipped, before apologising to Mr Eddy that his case “fell apart halfway”.

“On behalf of the court I apologise for what has happened to you,” Ms Bazzani said.

“The reality is that the contested hearing needs to begin again.

“It happens only from time to time, but it does happen.”

She reassured Mr Eddy, who played 33 games for the Saints between 2007 and 2011, including the 2010 Grand Final and replay, that she would have no bias towards him.

“I am not a football fanatic, as Mr Lee is, and I say that with kindness,” she said.

She later added: “I want you to know that I am not a great fan of football, so I don’t know anything much about you. 

“I don’t know if that damages your ego or not, because obviously you are someone who is publicly known.

“But it’s probably in your interest that I know nothing about you and that I bring a fresh perspective to the case.”

Ms Bazzani also apologised to Mr Eddy’s alleged victim because she would now have to go through the trauma of returning to court to testify again.

Mr Eddy, 34, from South Yarra, is charged with recklessly causing injury and assault offences over an alleged attack on the woman at her Clarinda home on January 23, 2020.

The court earlier heard the pair were “friends with benefits” and that Mr Eddy had gone to her house uninvited on that night.

The Robert Eddy matter has now been taken over by magistrate Luisa Bazzani.

In May, the woman fought back tears as she told the court how Eddy “bashed” her.

She said she was “scared” for her life after he punched her to the face, before strangling her and threatening her with a screwdriver.

“I think it was a fist to my eye. The next thing I remember I was on the floor and he was sitting on top of me,” she said.

“He put his hands around my throat. He tried choking me. I couldn’t breathe.”

Eddy vehemently denies the allegations and claims he was trying to defend himself from the woman’s attack on him.

Ms Bazzani will hear the evidence and determine if the charges are proven or not in a two-day hearing in November.