Judge Lex Lasry announces shock resignation amid Judicial Commission complaint

Supreme Court judge Lex Lasry has announced his shock resignation after a 51-year legal career, after learning of a complaint made about him to the Judicial Commission of Victoria.

Supreme Court of Victoria Judge Lex Lasry has announced his resignation.

One of Victoria’s most celebrated legal minds has sensationally resigned as a judge of the Supreme Court.

Lex Lasry announced his resignation on Tuesday in open court after learning Director of Public Prosecutions Kerri Judd, SC, had lodged a complaint about him with the Judicial Commission of Victoria.

“Whilst it is impossible to know what the Judicial Commission’s findings might be, now that I know of the Director’s allegation, it is clear that it is not appropriate for me to continue to preside over any matters involving her as a party, including this matter,” he said.

“I am 75 years of age and very close to permanent retirement in any event.”

Justice Lex Lasry has resigned after a 51-year career. Picture: David Geraghty

The complaint related to a decision by Lasry to grant a permanent stay in the case of Simiona Tuteru, the trucking boss of the driver who killed four police officers in the Eastern Freeway tragedy in August 2020.

Tuteru was charged with four counts of manslaughter in August 2020 after it was alleged he permitted Mohinder Singh to drive the day he mowed down Senior Constables Lynette Taylor and Kevin King and Constables Glen Humphris and Josh Prestney.

In October last year, prosecutors dropped the manslaughter charges against Mr Tuteru, indicating they would proceed with a single charge of failing to comply with a duty under the heavy vehicle national law.

Following an application by Mr Tuteru’s barrister David Hallowes, SC, Lasry granted a permanent stay on the remaining charge.

But his decision was subsequently overturned by the Court of Appeal.

“I now discover that the Director of Public Prosecutions through the solicitor Abbey Hogan has made a formal complaint about me and the way in which that matter was conducted to the Judicial Commission of Victoria,” Justice Lasry said in court on Tuesday.

“I first became aware of the Director’s complaint about a week ago on February 5, 2024, when I received a letter dated the same day from the Commission,” he said.

“Since the Tuteru matter was completed by me and since the judgment of the Court of Appeal in that case in August 2023, I have continued to undertake the criminal work of the court all of which involved the Director as a party while unbeknownst to me she had become a complainant against me.

Judge Lex Lasry has been a staunch opponent of capital punishment.

“The Director’s complaint contains an assertion that my judicial independence and impartiality is compromised by my conduct in the Tuteru matter.

“In direct terms, the complaint says, ‘In particular, it is submitted that comments by His Honour made in court and in a published ruling had the tendency to diminish public confidence in the administration of justice in Victoria and diminish the confidence of litigants and the public in general in His Honour’s impartiality and independence’.

“These are allegations I utterly reject.

“In all those circumstances, I feel I have no option but to resign from the court and I will do so by letter to the Attorney-General effective at midnight on February 23, 2024.”

A spokesman from the Office of Public Prosecutions on Wednesday confirmed it made a complaint to the Judicial Commission of Victoria in May last year “about conduct by a judicial officer”.

“The complaint determination process, including notification of complaints, is governed by legislation and dealt with by the Judicial Commission of Victoria,” he said.

A spokesperson from the Judicial Commission of Victoria said it had provided Lasry with an opportunity to “respond to the complaint” on February 5 and that “no findings have been made in relation to the complaint”.

They noted that the Judicial Commission must dismiss a complaint if the judicial officer concerned has resigned and is no longer a judicial officer.

Lasry’s decision to resign, ending a 51-year legal career, sent shockwaves around the legal fraternity.

Melbourne lawyer Felix Ralph described Justice Lasry as a “titan”.

“Lasry J is deeply respected for his service to the law of over 50 years,” he said on X.

“A thoroughly decent man, a great lawyer and a fair judge. That is why he is held in the highest possible regard by the legal profession.”

Justice Lasry spent 17 years on the bench of the Supreme Court.

A staunch opponent of capital punishment Justice Lasry defended Van Tuong Nguyen who was executed for drug smuggling in Singapore in 2005.