Magistrate Richard Pithouse stood down over complaint about in-court behaviour

Controversial Victorian magistrate Richard Pithouse has been stood down as he is investigated over a complaint about his in-court behaviour.

Victorian magistrate Richard Pithouse has been stood down. Picture: Hamilton Spectator

A controversial magistrate has been stood down amid an investigation into his handling of a case that left a mum behind bars and her special needs child stranded at court.

The judiciary watchdog will examine claims that magistrate Richard Pithouse had a woman with a special-needs child locked up overnight, leaving the child stranded and distressed and having to catch a taxi home with money donated by courthouse staff.

The Herald Sun understands Mr Pithouse remanded the woman behind bars after she pleaded guilty to a minor offence, in circumstances which left experienced lawyers aghast.

After the woman was taken into custody, the Herald Sun was told Mr Pithouse made comments to the effect that he’d acted based on his impression of the woman’s “attitude”, rather than her offending.

The mum was released after a night in the cells.

Legal Aid made a complaint to the Judicial Commission of Victoria over the incident, prompting Mr Pithouse to be put on out-of-court duties.

Mr Pithouse – who was previously counselled over victim blaming comments that a rape victim had “buyer’s remorse” – will continue to be paid his salary, allowances and entitlements.

Separate to Victoria Legal Aid complaint, the Herald Sun has been told the magistrate was accused by legal sources of “spying” on the woman, whose case he was presiding over.

As part of her plea hearing, the woman had told the court she was a single mother with special needs children and had no support from her ex-husband.

During a break in proceedings it was alleged Mr Pithouse saw the woman in the general area of the courthouse and formed the view she had been untruthful.

“He brings the matter back after lunch and says you’re a liar,” a source said.

“He’s got inquisitorial rather than adversarial. He’s informed himself by, there’s probably no other way to say it, spying on her.”

The Judicial Commission of Victoria confirmed on Monday that it received a complaint about Mr Pithouse’s in-court conduct in September 2022.

In October, the watchdog recommended he be stood down because the complaint could amount to “misbehaviour or incapacity” if it was proven.

The Commission also found that by allowing Mr Pithouse to continue in his role, it could “impair public confidence in the impartiality, independence or integrity” of both the magistrate and the Magistrates’ Court of Victoria.

The complaint was referred to an investigating panel in December, and the probe continues.

It is understood Chief Magistrate Lisa Hannan has issued a firm edict to magistrates that they are to report any media questions about the matter directly to her.

Mr Pithouse hit the headlines in 2018 after making comments to a rape victim, who was seeking compensation.

He had suggested she “put herself in that position” following a night of drinking and said “intoxication is not an excuse” and that “there is an old adage that you can’t profit from your own malfeasance”.

Mr Pithouse said the reason she had called a sex assault crisis line the next morning was “buyer’s remorse”.

The judicial watchdog later found his comments showed he had a “closed mind and was not impartial”.

Despite his controversial history, court staff say Mr Pithouse is a well-regarded magistrate.

“Registry staff particularly like him because he doesn’t say no to work,” one source said.

“He actually just gets down and does the work, doesn’t complain.”

A Legal Aid spokeswoman confirmed it had made the complaint, but “given it is under consideration by an investigating panel it would not be appropriate to provide details of the complaint or make any further comment”.

A spokeswoman for the Magistrates’ Court said it was “unable to comment as this matter is before the Judicial Commission”.