Judge quits over stoush with DPP

Veteran Supreme Court judge Lex Lasry resigns amid a falling out with Victoria’s top prosecutor.

Judge Lex Lasry, pictured in his chambers.

Senior Victorian Supreme Court judge Lex Lasry has dramatically quit after revealing the state’s top prosecutor had lodged a complaint against him.

Mr Lasry interrupted a court hearing on Wednesday to reveal he intended resigning even though he “utterly” rejects the complaint from Director of Public Prosecutions Kerri 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.

Mr Lasry said the Court of Appeal had over ruled his decision.

“They were critical of the process by which I had reached that result. I accept that criticism without qualification,” he told the hearing.

But Mr Lasry said the DPP lodged a complaint against him with the judicial commission last year. Speaking in court on Wednesday, Mr Lasry was highly critical of the fact he only learned of the complaint last week.

“I now discover that the Director of Public Prosecutions ... has made a formal complaint about me and the way in which that matter was conducted to the Judicial Commission of Victoria,” he said.

“I have continued to undertake the criminal work of the court all of which involved the Director as a party while unbeknownst to me she had become a complainant against me.

“The Director’s complaint contains an assertion that my judicial independence and impartiality is compromised by my conduct in the ... matter.”

Mr Lasry then went on to detail the specifics of the DPP’s complaint:

“In direct terms, the complaint says, ‘in particular, it is submitted that comments by His Honour made in court and in a published ruling had the tendency to diminish public confidence in the administration of justice in Victoria and diminish the confidence of litigants and the public in general in His Honour’s impartiality and independence’.

“These are allegations I utterly reject.”

Mr Lasry said he would inform the Attorney General of his resignation.

“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,” he said.

“In all those circumstances, I feel I have no option but to resign from the court.

“Since this will be the last time I will sit as a judge of this court, I particularly want to thank Chief Justice Anne Ferguson for her continued support.”

The DPP’s office has confirmed that a complaint was made against Mr Lasry.

“The Office of Public Prosecutions made a complaint to the Judicial Commission of Victoria in May 2023 about conduct by a judicial officer,” a spokesperson said.

“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.”