Veteran Supreme Court judge Lex Lasry has unexpectedly resigned following a complaint from Victoria’s Director of Public Prosecutions (DPP), Kerri Judd, over the trial of the supervisor at the trucking company involved in the Eastern Freeway case, in which four police officers died.
The barrister-turned-judge appeared to announce his resignation on social media platform X on Tuesday night without providing a detailed explanation.
Lex Lasry pictured in 2018.Credit: The Age
“And so it ends after 51 years,” Lasry said in the post, which was accompanied by a link to the song On A Wing And Prayer by Mike Stern.
Lasry is currently overseeing pre-trial proceedings in a major underworld trial that is set to begin in less than two months.
Legal sources familiar with the subject, who cannot be identified as they are not authorised to speak publicly about sensitive court matters, said Lasry’s resignation was related to a complaint lodged by Judd to the Judicial Commission of Victoria (JCV) about his conduct towards her during the Eastern Freeway crash trial.
In open court in March 2023, Lasry criticised Judd over her decision to charge Simiona Tuteru – a supervisor at the trucking company involved in the fatal crash – with manslaughter and then withdraw the charges at a later date without explaining why.
Lasry labelled Judd’s decision to drop the manslaughter charges without any stated reasons as showing “indifference” and a “lack of respect” on her part.
“In my opinion, the court’s processes have been used oppressively and unfairly by the DPP at various stages of this case,” he said. “It is a glaring, oppressive misuse of the court processes.”
Lasry ordered a permanent stay on the remaining charge of breaching heavy vehicle laws, ruling the prosecution had abused the court process. Permanent stays are only granted in exceptional circumstances and are rare.
A spokesperson from the Office of Public Prosecutions (OPP) confirmed a complaint was made in May.
Lex Lasry pictured in 2007, when he was appointed to the Supreme Court of Victoria.Credit: Rodger Cummins
“The complaint determination process, including notification of complaints, is governed by legislation and dealt with by the Judicial Commission of Victoria.
“Any further queries about the complaint and the complaint process should be referred to the Judicial Commission of Victoria.”
In August, Victoria’s Court of Appeal reversed Lasry’s ruling, saying it could see no basis for the permanent stay. The appeal judges noted there was no duty for prosecutors to explain to a court why charges were being discontinued, and said Lasry’s view about the disrespectful attitude of the DPP had “infected” his analysis.
Solicitor Abbey Hogan.
After the Court of Appeal overturned Lasry’s decision, the DPP continued with its proceedings against the trucking supervisor. Tuteru has since pleaded guilty to one charge of failing to comply with his duty under heavy vehicle laws and will soon be sentenced.
In court on Wednesday for hearings ahead of the upcoming underworld trial, Lasry announced to the assembled lawyers that he was resigning as a result of Judd’s complaint.
“[The Court of Appeal] were critical of the process by which I had reached that result. I accept that criticism without qualification. 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,” Lasry said.
Lasry said he became aware of the complaint on February 5 after receiving a letter from the JCV.
“The director’s complaint contains an assertion that my judicial independence and impartiality is compromised by my conduct in the Tuteru matter,” he said.
This included allegations from the OPP that Lasry’s conduct “diminish[ed] public confidence in the administration of justice in Victoria and diminish[ed] the confidence of litigants and the public in general in His Honour’s impartiality and independence”.
“These are allegations I utterly reject,” Lasry told the assembled lawyers. “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.”
On Wednesday afternoon, the JCV confirmed that 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”.
“Relevantly,” the statement continued, the Judicial Commission of Victoria Act “provides that the Commission must dismiss a complaint if the Officer concerned has resigned and is no longer a judicial officer”.
In response to Lasry’s remarks in court, a lawyer for one of the accused said: “We are deeply moved by what Your Honour has just said. Each of us at the Bar table and all members of the Victorian Bar regard Your Honour as an excellent judge of the highest integrity.”
Lasry was appointed to the Supreme Court of Victoria in 2007 by then attorney-general Rob Hulls. He officially retired in 2018, but has continued to serve as a reserve judge until this week.
Lasry has presided over major trials, including the prosecution of the Bourke Street massacre and the murder of underworld figure Carl Williams by prison gang boss Matthew Johnson.
Most recently, he presided over the murder trial of Ricardo Barbaro, who was last year found guilty of murdering dancer Ellie Price at her South Melbourne home in 2020.
Barbaro was due to face a plea hearing over the matter on Thursday. The Supreme Court has been contacted over the future of his scheduled upcoming hearings.
Lasry’s announcement on X was greeted with praise from some users.
“Your Honour is universally admired and a titan of the bar and bench … Shirrefs SC suggested I watch your closing for Jack Thomas for work experience as a first-year lawyer – I haven’t seen a better one since. Good night and good luck,” wrote Felix Ralph.
On Wednesday afternoon, Lasry again posted to X: “Twitter – it’s got me into trouble a couple of times but I use it now to thank everyone for their support and very kind words. It’s a little overwhelming. Thank you.”
Lasry has been contacted for comment.