Top magistrate stands firm amid claims of bias during Rodney Higgins hearing
Victoria’s most senior magistrate has refused to step down from a hearing involving controversial couple Rodney Higgins and his 23-year-old fiance, despite being accused of judicial bias.
VIC News
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The state’s most senior magistrate has been accused of appearing judicially bias in the fallout of the controversial affair between magistrate Rodney Higgins and a young court clerk.
The Herald Sun can reveal outgoing chief magistrate Peter Lauritsen dealt with an application for an intervention order by Mr Higgins’ former partner against his new 23-year-old fiance Ashleigh Petrie.
He refused calls to recuse himself and ultimately made an indefinite order against Ms Petrie banning her from all contact with Mr Higgins’ former partner.
“The staff are fuming. It’s embarrassing,” a senior judicial figure said.
Mr Lauritsen appeared in court via video link, with sources saying it would have been more appropriate for an interstate magistrate to hear the matter because of his links to both parties through Mr Higgins but also because Ms Petrie is a court employee.
Prior to the hearing he had also discussed Mr Higgins new relationship with him and on one occasion had warned him to stay away from Ms Petrie, sources have revealed.
It is understood the possible perceived conflict was raised with Mr Laurtitsen in court.
Victorian Bar Council president Matt Collins, QC, said any apprehension of bias involved common sense.
“The issue most usually arises where what is alleged is an apprehension of bias rather than an assertion of actual bias,” Mr Collins said.
“The test as to whether there is an apprehension of bias is to ask the question ‘would a bystander sitting in the back of the courtroom without any interest in proceedings, think, having regard to what unfolds, that the judicial officer should recuse themselves from consideration of the matter’,” he said.
“It involves common sense, applying the standards of the ordinary reasonable bystander.”
Mr Collins said it was important for public confidence in the administration of justice, “that justice not only be done but also be seen to be done.”
“For that reason lawyers and judges must avoid conflicts of interest or appearances of conflicts of interest,” he said.
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Mr Lauritsen refused to comment on the allegation of appearing judicially bias when contacted by the Herald Sun.
The Herald Sun is not suggesting the allegation against Mr Lauritsen is true, only that is has been made.
He has repeatedly refused to make any public comment on the controversy surrounding Mr Higgins despite raising concerns privately.
This week shadow attorney-general Ed O’Donohue wrote to the Judicial Commission of Victoria about Mr Higgins’ suitability as a magistrate.
He asked the commission, the state’s judicial watchdog, to launch a formal investigation.