Court short: judges failed to act on complaint against Dyson Heydon

A Supreme Court judge was told Dyson Heydon made unwanted advances towards a female employee years ago but didn’t act.

Lawyer Dhanya Mani. Picture: Adam Yip

A NSW Supreme Court judge was told Dyson Heydon made unwanted advances towards one of its young female employees two years ago but did not take action.

Chief Justice Tom Bathurst has now asked the state’s Judicial Commission to prepare an education program for judges on what to do if an allegation is made .

Judges have not previously been trained on the issue because it was “generally expected” they would have been educated “in their previous careers”.

Sydney lawyer Dhanya Mani alleges Mr Heydon made the advances after inviting her to his chambers to discuss an appearance at a Liberal forum event she was planning.

Ms Mani, 26, said she relayed her unease to Supreme Court judge Guy Parker, for whom she worked in 2018.

However, he did not act on the disclosure and told the Chief Justice only on Thursday.

Mr Heydon was found by an independent High Court investigation to have harassed six women, five of whom worked in his office, between 2003 and 2013.

Mr Heydon was appointed to run the Royal Commission into Trade Union Governance and Corruption in 2014.

Former High Court judge Dyson Heydon. Picture: AAP

The investigation, undertaken by former inspector-general of intelligence and security Vivienne Thom, noted that High Court judge Michael McHugh was told about one of the alleged incidents by his then associate Sharona Coutts. Ms Coutts told the investigator that Justice McHugh later told her he had spoken to the then chief justice, Murray Gleeson, about the allegation.

Both Mr Gleeson and Mr McHugh declined to comment. Mr Heydon has emphatically denied the allegations, and through his lawyers apologised for any conduct that had “caused offence”.

Ms Mani told The Australian she had rejected Mr Heydon’s advances and feared he might say something to Justice Parker that could damage her career, so she decided to discuss the events with the judge in May 2018.

She claims Justice Parker told her she had his permission to tell Mr Heydon to “f..k off” if he harassed her again. However, he did not take further action, even though Mr Heydon had a security card that enabled him to enter the Supreme Court building and use the library, she said.

 

Ms Mani provided The Australian text message exchanges with a friend about the time of the incidents, which showed her distress at the situation.

The Supreme Court spokeswoman said Justice Parker had informed the Chief Justice on Thursday that, during her employment, Ms Mani “indicated that Mr Heydon had made suggestions of a sexual nature to her”.

“However, she did not request Justice Parker to take the matter any further,” the spokeswoman said in a statement.

“Judges have not been specifically trained on this issue at the Court as it is generally expected that they will have had the benefit of such training in their previous careers at the Bar or as solicitors and they would be well aware of their obligations,” she said.

However, because of recent events the Chief Justice has requested the Judicial Commission of NSW to prepare educational programs on sexual harassment which will include advice on the steps to be taken if an allegation of sexual harassment is made.”

She said Justice Parker denied the conversation was in the terms that Ms Mani claimed.

 

Ms Mani told The Australian she had hoped when raising the issue with Justice Parker that he would speak to Mr Heydon or take action on her behalf because she felt “unsafe” in her workplace.

“I told him what had happened, thinking and hoping he might offer to do something,” she said.

“I didn’t think I could ask my judge to specifically intervene but I obviously said, ‘I’m really uncomfortable, what should I do? I want this to stop’.”

Ms Mani alleges Mr Heydon invited her to his Phillip Street chambers in March 2018 to discuss his potential appearance at a Liberal forum event she was planning. During their meeting, she said he offered to employ Ms Mani as a researcher for his next book.

She claims Mr Heydon poured her some Pol Roger champagne and draped his arm around her lower back. She said she tried to wriggle forward in her chair, but he touched her on the thigh, before she stood up and told him she had to leave. She said he took off her glasses and told her she had a beautiful face, and then went to kiss her. “I moved away and then said ‘I’ve really got to go, I’m running so late’ and then basically half ran out of his office,” she said.

Mr Heydon did not responded to a request for comment.

The next morning, Ms Mani said, Mr Heydon called her phone three times but she avoided his calls before finally answering a fourth call at about 1pm. She said he told her she needed to go for dinner with him before he would discuss her role as his researcher or the Liberal event.

Ms Mani was one of two former NSW Liberal staffers who alleged last year that they had been sexually assaulted while working in the Liberal party.

Ms Mani said Mr Heydon called her at her workplace and she also ran into him twice at the Supreme Court building.

Once, he allegedly came up behind her while she was at the library and put his hands on her lower back. She said she screamed because it gave her a shock. A second time, she said her hands were full of books and Mr Heydon touched her on the arm.

Two weeks after her conversation with Justice Parker, Ms Mani resigned her role.

Mr Heydon faces possible disciplinary action that could result in him being struck off. NSW Legal Services Commissioner John McKenzie said he would consider a complaint from 14 of the state’s senior female barristers about Mr Heydon’s reported behaviour.

NSW Women Lawyers Association president Larissa Andelman said that if the allegations against Mr Heydon were found to be true she did not think he would be a fit and proper person to hold a practising certificate.