Counselling ordered for Victorian judge who erred in sex assault case

Victoria’s judicial watchdog has recommended a judge undergo counselling after ruling he had used ‘demeaning and pejorative language’ about a complainant in a sexual assault case.

Director of Public Prosecutions Kerri Judd QC. Picture: AAP

Victoria’s judicial watchdog has recommended a judge undergo counselling after ruling he had used “demeaning and pejorative language” about a complainant in a sexual assault case.

The Judicial Commission revealed on Monday it had found Justice Geoffrey Chettle had erred in the handling of the case in the County Court.

Upholding DPP Kerri Judd’s complaint against the judge, the commission ruled “overall, that the Officer’s (judge’s) conduct infringed the standards of conduct generally expected of judicial officers”.

The commission, in its four-page ruling, recommended Justice Chettle be counselled by the head of the County Court over his conduct in the case in February 2023.

The commission revealed there were two aspects to the OPP’s complaint:

The first covering the judge’s emails and conversations with the prosecution, that didn’t include the defence, and the second part relating to language used by the judge.

“There was a reasonable basis to believe, through a combination of emails that were sent

from the Officer’s chambers only to prosecution lawyers and a telephone conversation

between the Officer and the prosecutor in the case before him, that the Officer was

attempting (although did not intend) to convene a hearing that the defendants’ lawyers

would not be required to attend,” the commission’s ruling states.

“Of itself, the creation of that belief had the potential to undermine public confidence in the impartiality of the courts.” The commission did rule that the failure to copy the defence into certain emails was “unintentional”.

The second related to the judge’s comments about the complainant.

“During a pre-trial hearing, the Officer used language about the complainant (who was not present) that was pejorative, demeaning and incongruous,” the commission ruled.

“The Officer’s use of that language lacked the sensitivity expected of judicial officers presiding in sexual offence matters, tended to cause offence, and was gratuitous.”

When contacted by The Australian on Monday, the OPP, the County Court and Justice Chettle declined to comment.

Victorian County Court judge, Geoffrey Chettle

The Judicial Commission’s ruling revealed Justice Chettle, in his response to the complaint, “acknowledged there were robust conversations in court about evidence”.

The commission’s ruling states that Justice Chettle told the inquiry “such conversations occur on a daily basis; the complainant was not present in court, and no comments were directed at her; and there was no discourtesy, lack of respect, or causing embarrassment to the

complainant”.

The commission ruling went on to state; “The Officer accepted ‘absolutely’ that his use of one particular pejorative word to describe the complainant was unnecessary, and apologised to the complainant for using that word”.

“However, the Officer rejected the characterisation of his remarks as ‘comments’, describing them variously as a ‘blunt and brutal’ summation, a discussion, an encapsulation, and evidentiary facts.”

The commission’s ruling revealed that Justice Chettle had “totally reject[ed]” and described as “factually inaccurate” the suggestion that he sought to convene a hearing that the defence would not be required to attend, in an attempt to discontinue the proceedings.

“The Officer said he never intended to meet with the prosecution in the absence of the defence,” the commission ruling states.

The commission’s ruling revealed that on February 3, 2023 there were eleven emails exchanged between the judge’s chambers and prosecution lawyers. The defence was not copied into the first five emails.

On February 16, the judge heard and refused the prosecution’s application for his

disqualification for “ostensible bias”, the commisson’s ruling states.

On 17 February, the judge granted an application for a permanent stay of the

Proceedings. The DPP appealed and overturned that decision in the Court of Appeal.

The Chettle complaint was the second time Ms Judd had taken action before the commission against a judge. In February, Victorian Supreme Court judge Lex Lasry sensationally quit in open court after learning the DPP had lodged a complaint against him.

Mr Lasry interrupted a court hearing to reveal he intended resigning even though he “utterly” rejected the complaint from Ms Judd.

“Ladies and gentlemen, I will not be able to continue with any further hearings in this case and will soon be resigning from this court,” the veteran reserve judge said.

Mr Lasry said his dispute with the DPP resulted from a ruling he made almost 12 months ago to stay charges against a trucking company boss relating to the accident that killed four police officers on the Eastern Freeway in April 2020.