Lawyer for former NT Police Assistant Commissioner, Peter Bravos, asks another judge to stand down

THE lawyer for former NT Police assistant commissioner and accused rapist, Peter Bravos, has asked yet another Northern Territory Supreme Court judge to stand down from hearing his client’s impending trial

Former NT Police assistant commissioner Peter Bravos is due to face trial in April

THE lawyer for former NT Police assistant commissioner and accused rapist, Peter Bravos, has asked yet another Northern Territory Supreme Court judge to stand down from hearing his client’s impending trial.

Defence barrister John Lawrence SC appeared in Darwin Supreme Court on Thursday and asked Justice Judith Kelly, who is currently listed to hear Bravos’ trial, to recuse herself.

Two of the NT’s other Supreme Court Justices have already recused themselves, including Justice Jenny Blokland, who was originally set to hear the trial, and Justice Dean Mildren.

Both did so as they have a personal relationship to one of the key witnesses in the trial, who the court heard is a member of the NT Bar and has worked extensively in the legal field in the Territory.

Justice Kelly has been asked to step down for the same reason.

Mr Lawrence told the court Justice Kelly may be biased towards the witness.

“It’s based on the concept, the principle, of apprehended bias – not actual bias,” he said.

“The trial will include, most importantly, the cross-examination of (the witness) who Your Honour knows.”

NT Supreme Court Justice Judith Kelly is the third judge to be asked to stand down from hearing the trial

However, Justice Kelly told the court that the decision as to whether or not Bravos was guilty would be made by a jury and not by her.

“As far as I’m concerned, any member of the Northern Territory Bar that I was a colleague of … I would automatically simply recuse myself … if I were to be the one making findings of credit,” she said.

“But, this is a jury trial and it’s the jury who makes the finding of fact.”

Mr Lawrence also applied for Justice Kelly to make a suppression order – which would prevent the media from publishing all of his evidence as to why she should recuse herself, saying the publication of such evidence could jepordise Bravos’ trial.

“If I reveal the meat and potatoes of the Crown case and the defence case and it’s reported in the NT News, it’s going to be read by potential jurors and that concerns us.”

As Justice Kelly told the court, journalists are already prevented from publishing any material that could influence a jury trial under general ethical obligations.

“I think one can rely on the ethical standards of professional journalists in relation to matters like that,” Justice Kelly said.

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“I’m not going to agree with that,” Mr Lawrence said in reply.

It comes after prosecutors withdrew two of the four rape charges against Bravos last week, leaving him to face trial in April on the two remaining counts involving a single alleged victim.

A decision as to whether or not Justice Kelly will recuse herself is expected to be handed down on Friday.