Peter Vickery QC named as judge found to have sexually harassed associates

The Supreme Court judge accused of penning love poetry to and kissing and touching junior associates wrote papers on how companies can deal with sexual harassment.

Peter Vickery has been accused of sexually harassing two women.

The retired Supreme Court judge accused of sexually harassing two junior staff has hit out at “serious shortcomings” in the investigation that upheld the women’s complaints against him.

Peter Vickery QC has released a lengthy statement apologising to his ex-associates while saying he maintained his innocence and stated the investigation reports were “open to serious challenge”.

Mr Vickery stepped down in May 2018, where he was lauded during an hour-long ceremony at the court for his lengthy career in law and in the trials division of the commercial court.

Within two years of his retirement, complaints would be made about him to the court by his former junior associates.

One woman complained that he wrote sexualised poetry, sent her renaissance art featuring a naked cherub, told her he loved her and made unwelcome sexual advances, according to a report completed this month.

The report also found the judge put his hand between the thighs of one of the women and on another occasion kissed her on the lips.

Peter Vickery QC on his appointment to the Supreme Court.

The retired judge apologised to the two women for “any distress unknowingly caused” and claimed he “never for a second believed that anything I did may have hurt two of them”.

“I accept that I should have been more alert to this possibility,” he wrote in a statement on his website.

“Had I possessed sufficient awareness, without hesitation I would have altered my behaviour.”

Mr Vickery said the women deserved “respect for their courage in coming forward after such a long period of time, now more than a decade ago”.

The statement, which he said was “written with a heavy heart” was aimed at the Supreme Court, which he claimed had “permitted my name to become publicly available following a preliminary Investigation it commissioned”.

“But tough mate – no time for self-pity – that is not the Australian way. It’s now time to get on with it. That is what we do – we head up and try to swim for the shore,” he wrote.

However, the court has not publicly released his name.

Mr Vickery hit out at the investigation and its reports, stating it was a “novel process conducted outside Victorian legislation and outside the protections usually provided to citizens in these matters”.

“The result has been a process which sacrifices my rights to privacy and protection of my reputation and that of my family,” he said, claiming his rights were “bypassed”.

The Supreme Court of Victoria. Picture: David Crosling

Mr Vickery thanked the women he was accused of harassing and the investigator, saying there was “no place for discrimination or harassment in workplaces of whatever kind, at whatever level.”

Within the past two months, the retired judge authored two papers on his own website that instructed workplaces on how to deal with sexual harassment.

In January, a policy and procedure paper listed examples of sexual harassment, including “touching”.

Mr Vickery wrote that confidentiality of the identity of those involved was “paramount”.

In December, he wrote a paper proposing a “positive plan” to promote a culture change around sexual harassment.

He updated the document in February following the “electrifying” and “deeply moving” addresses of Grace Tame and Brittany Higgins at the National Press Club and of them said, “I join these voices”.

The women's’ lawyer, Josh Bornstein, took to Twitter and stated his clients had asked the court to name Mr Vickery “in the interests of transparency”, but it had declined to do so.

Calls to Mr Vickery were not answered on Thursday afternoon, but in a statement published on his website he said: “I have maintained innocence of any wrongdoing, and have fully co-operated in the Investigation.”

SUPREME COURT APOLOGISES TO WOMEN

The Supreme Court chief has apologised to two women who were sexually harassed by a “reprehensible” judge.

The harassment left the women suffering “panic, feelings of being powerless, embarrassed, trapped, anxious, deeply uncomfortable, distressed, intimidated and fearful for their employment and future careers”.

“The behaviour of the judge was wrong and reprehensible,” Supreme Court chief justice Anne Ferguson said in a statement on Thursday.

Justice Ferguson said a report, completed by Sydney barrister Kate Eastman AM SC following March 2021 complaints, found the judge’s actions were a “serious transgression of appropriate professional boundaries” and showed a “significant power imbalance”.

Supreme Court of Victoria Justice Anne Ferguson.

“As I read the reports I was struck by the horrible impact of these actions,” she said.

Two draft reports into the investigation were sent to the Supreme Court in late January, with final reports lodged this month.

In a strongly worded statement, Justice Ferguson said the “unacceptable behaviour must stop” and “it should never have happened”.

“Apologies are not enough. The responsibility to change culture and put measures in place to stop it happening lies with us,” she said.

She was “profoundly sorry that the behaviour the women endured occurred” and thanked them for coming forward, noting the trauma they suffered.

“Although we know how hard it is to make a complaint, we encourage people to speak up when they experience or witness inappropriate behaviour.”

CALL FOR CULTURAL CHANGE

Law Institute Victoria president Tania Wolff called for cultural change in the legal profession following the revelations and urged its members to stand united to eliminate such behaviour.

“It is disappointing to read yet another account of sexual harassment in our profession,” Ms Wolff said.

“It is not easy for the survivors of sexual harassment to come forward and it is the responsibility of all of us to ensure that the legal profession is a safe and inclusive one for all.

“Unfortunately, we can’t change what has happened in the past, but as a profession we need to take collective responsibility for that past, to acknowledge the distress and trauma that has been inflicted on those affected by sexual harassment, and be strong and determined in our efforts collectively to change the future of our profession.”

LIV chief executive Adam Awty said the legal fraternity was aware of the “insidious and entrenched problem of sexual harassment within its ranks”.

He said workplace structures and policies must be put in place to make behavioural expectations clear.

The women contacted Maurice Blackburn principal lawyer Josh Bornstein in July and October 2020 after findings that claims of sexual harassment by former Sydney-based High Court judge Dyson Heydon were upheld by an independent investigation.

Maurice Blackburn principal lawyer Josh Bornstein. Picture: James Ross

Mr Bornstein formalised the women’s complaints to the Victorian Supreme Court and Ms Eastman was engaged to investigate them, delivering a damning report.

In it, she said: “(The Judge) used his position and power to satisfy his personal needs,”

The Judge kept tabs on the women after they left the Court and also contacted one of them after he learned of Ms Eastman’s investigation in August last year.

“I acknowledge his actions in August 2021 have caused (the former associate) significant distress and further anxiety. She fears retribution, embarrassment and holds concerns about her privacy and safety,” Ms Eastman wrote.

Mr Bornstein said the Judge’s behaviour was disgraceful and left both women traumatised. “The two women I represent welcome the findings of the Eastman report. Regrettably, the legal profession is a high-risk profession when it comes to sexual harassment.

“A reckoning is underway and a critical part of that reckoning is confronting the truth of what has happened and ensuring that there is appropriate accountability,” he said.

“In due course, claims for compensation for both women will be pursued.”

One of the women no longer works in the legal profession.

Mr Bornstein added that further progress could be made to address gender inequality if the Federal Government were to legislate to require organisations to proactively take steps to stamp out gender inequality in their workplaces, as recommended by the Respect At Work Inquiry.

Most of the recommendations of that inquiry have not been adopted.

Mr Bornstein is representing a number of other women who allege sexual harassment by judges at both the federal and state level, with further claims for compensation arising from those other cases likely.

The investigation follows a review into sexual harassment in Victoria’s courts and VCAT, completed by Dr Helen Szoke in April 2021.