Judicial Commission yet to convene independent panel in Justice Stephen Southwood probe

The NT Judicial Commission is yet to establish an independent investigation panel to probe a complaint about the Territory’s second most senior judge.

THE NT Judicial Commission is yet to establish an independent investigation panel to probe a complaint about the Territory’s second most senior judge, more than six months after it was lodged.

Darwin barrister, Alistair Wyvill SC, lodged the complaint against Justice Stephen Southwood when the commission was established in October last year.

It followed a Legal Practitioners Disciplinary Tribunal ruling that Mr Wyvill was justified in suggesting Justice Southwood was “politically partisan” and calling into question his fitness to sit on the bench.

Mr Wyvill had initially raised the complaint with then Attorney-General Selena Uibo, citing concerns about the small size of the Territory jurisdiction, but then agreed to refer the matter to the commission.

Mr Wyvill also later expressed concerns that Judicial Commission chairman, Chief Justice Michael Grant, had been “good friends” with Justice Southwood “for a number of decades”.

But in a letter to Mr Wyvill sent in August last year and seen by the NT News, Ms Uibo said the Judicial Commission would “not be responsible for ‘deciding’ the most serious complaints”.

“A three-person investigation panel must be appointed by the Judicial Commission to deal with complaints referred by the Judicial Commission that are so serious that, if substantiated, could justify removal from office or termination of appointment,” she wrote.

Ms Uibo said the panel would be comprised of one community member and two current or former Australian judges who “cannot be from the same court as the judicial officer the subject of the complaint”.

“These arrangements are appropriate for dealing with the most serious complaints, and comparable to those in other jurisdictions,” she wrote.

Alistair Wyvill SC in the Supreme Court.

Ms Uibo said “extensive consideration” had been given to the small size of the jurisdiction in developing the legislation establishing the commission and it would “be capable of dealing with the matters of potential conflict, if necessary”.

In response, Mr Wyvill agreed to proceed with his complaint via the commission but said he did “not share your confidence” that it would be able to successfully manage any conflicts.

Mr Wyvill said it would be “particularly regrettable” if the commission “failed or was perceived as having failed” in addressing what would likely be it’s first complaint.

“As the Territory’s first legal officer, you have both the power and the duty to supervise the Judicial Commission’s performance to ensure as far as possible that this does not occur,” he wrote.

“I am reassured by your letter that you appear to be committed to ensuring that the Judicial Commission will be and will be seen to be a success.

“I would urge you not to underestimate the challenges which the Judicial Commission will face in dealing with such a serious complaint against the second most senior judge in our small and isolated jurisdiction, and the resultant need for you and your office to carefully supervise and support the proper discharge by the Judicial Commission of its duties and functions.”

Former Attorney-General Selena Uibo. Picture: Che Chorley

Justice Southwood has previously declined to comment on the substance of the complaint.

“It would be inappropriate for Justice Southwood or any other member of the Supreme Court to make comment in relation to the matter,” a court spokesman said.

Under the legislation, the Judicial Commission must inform complainants if a complaint is dismissed or an investigation panel established.

In a statement, a spokeswoman for the commission said it “does not comment (publicly) on the existence or progress of complaints”.

“The need to preserve the confidentiality and privacy of the complaints process is recognised in various parts of the Judicial Commission Act 2020,” she said.

“There will often be a number of stages in dealing with a complaint. Complex complaints that involve numerous issues and voluminous evidence can take considerable time to progress.

“In cases where the Independent Commissioner Against Corruption (ICAC) has jurisdiction, the Judicial Commission cannot proceed without first obtaining the consent of the ICAC.”

Justice Stephen Southwood.

Last week, the NT News revealed ICAC, Michael Riches, found no evidence Justice Southwood used his position to ingratiate himself to the then Country Liberal Party government in a bid to become Chief Justice of the Supreme Court.

However, in a statement, Mr Wyvill said it was “not the case that the ICAC has dismissed any part of (my) complaint”.

“In spite of being pressed by (me) for the details of the investigations he undertook (including what he asked and was told by Justice Southwood), Mr Riches has refused to provide any information about his investigations,” he said.

Mr Riches intervened in December last year to prevent the commission from investigating part of Mr Wyvill’s complaint until he had finalised his own investigation, which he did in February.

“I have informed the Judicial Commission of that fact and have consented to that body receiving and dealing with the entirety of your complaint,” he wrote.