Justice Lex Lasry backed by court and ex-IBAC chief

Lex Lasry lauded as a ‘highly regarded’ judge of ‘distinction’ in the midst of stoush with top prosecutor.

Judge Lex Lasry.

A prominent former judge and anti-corruption chief and the Victorian Supreme Court have made a strong show of public support for judge Lex Lasry, who sensationally quit after learning that the state’s top prosecutor had lodged a complaint against him.

Former Supreme Court judge and IBAC commissioner Robert Redlich KC said Justice Lasry had made an “outstanding contribution” and conducted criminal trials with “great distinction” during almost two decades with the court.

In the midst of concerns sweeping the state’s judicial and legal circles over the events that triggered the veteran judge’s resignation last week, Mr Redlich said any judge who was the subject of a complaint to the judicial commission by the Director of Public Prosecutions “regardless of its merits” may potentially be unable to preside over any matter involving the leading prosecutor.

“Justice Lasry has made an outstanding contribution to the administration of criminal justice over the better part of two ­decades,” Mr Redlich told The Australian.

“He has conducted important and challenging criminal trials with great distinction and is held in the highest esteem by his judicial colleagues and the Victorian Bar.”

Former IBAC Commissioner Robert Redlich. Picture: AAP Image/James Ross

In a statement released to The Australian, the Supreme Court, led by Chief Justice Anne Fer­guson, lauded Justice Lasry’s record as a judge.

“Lex Lasry is a highly regarded judge, who has served as a member of the court since 2007,” a court spokesperson said. “In his time as a judge, he has presided over some of the most difficult and complex criminal cases that have come before the court.”

Justice Lasry interrupted a hearing last Wednesday to inform the court that he had become aware on February 5 that DPP Kerri Judd had lodged a complaint against him in which her office claimed that comments he made in staying a criminal trial had the “tendency to diminish public confidence in the administration of justice in Victoria”.

Victorian Director of Public Prosecutions Kerri Judd. Picture: Supplied

A key concern for Justice Lasry appears to be that he was not informed earlier that the complaint, which is believed to have been lodged with the judicial watchdog 10 months ago, had been made.

“I now discover that the DPP through solicitor Abbey Hogan has made a formal complaint about me and the way in which that matter was conducted to the judicial commission,” Justice Lasry told the court.

He noted that since the matter in question – his decision to stay criminal charges laid against a trucking company boss over the deaths of four police officers on the Eastern Freeway – had been completed in August 2023, he had continued to “undertake the criminal work of the court, all of which involved the director, as unbeknownst to me she had become a complainant against me”.

“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 it is not appropriate for me to continue to preside over any matters involving her as a party,” he told the court.

Justice Lasry told the court last week that “I utterly reject” the allegation from the DPP in the complaint to the judicial commission.

Mr Redlich agreed it was difficult for a judge who was the subject of a complaint from the DPP to continue presiding over criminal matters involving the DPP. “The consequence of a complaint made by the DPP concerning a judge, regardless of its merits, may, depending upon the nature and content of the complaint, potentially preclude that judge from conducting any future hearings in which the DPP is a party,” he said.

Mr Redlich declined to comment on whether he thought the process undertaken by the DPP was fair to Justice Lasry. “I am unable to comment upon the substance of the director’s complaint or the fairness of the process that was followed as I am not privy to the full circumstances,” he said.

“I can, however, say it is not unheard of for a trial or appeal judge to inquire of a prosecutor and be informed as to why a particular course has been followed by the DPP as it may be relevant to an issue that falls to be decided by the court.”

In March 2023, Justice Lasry ordered that charges against trucking supervisor Simiona Tuteru should be stayed and questioned why the DPP had withdrawn four charges of manslaughter against the man.

Justice Lasry, who has presided over major trials including that of the gangland boss Carl Williams’ killer, was critical of prosecutors, claiming the decision showed a “lack of respect” and that the court’s processes had been used oppressively by the prosecutors.

In August 2023, the Court of Appeal overturned Justice Lasry’s ruling. “They were critical of the process by which I had reached that result. I accept that criticism without qualification,” he told the Supreme Court last week.