Secret probe ‘opaque’ and ‘unfair’: Lex Lasry

In his first public comments on his sensational departure, Lex Lasry says he quit in an open court as a form of ‘protest’ after learning a complaint had been lodged against him by the state’s DPP.

Former Victorian Supreme Court Judge Lex Lasry

Former Victorian Supreme Court judge Lex Lasry has described the judicial commission probe that triggered his resignation in open court as “opaque” and revealed he quit as a form of “protest” about the secretive inquiry.

In his first public comments on his sensational departure six months ago, Mr Lasry conceded it “hurt” to resign under such circumstances but said he had no choice after learning a complaint had been lodged against him by Victoria’s top prosecutor, Kerri Judd, 10 months earlier.

“It hurt a lot, it hurt a lot. Ask anyone who was in court on the day I announced I was leaving. It was very emotional. But it had to be done that way,” he said. “I had to bring it to a head.”

Victorian Director of Public Prosecutions Kerri Judd. Picture: AAP

The veteran judge, who presided over some of Victoria’s highest profile murder trials in his 18 years on the court, has told Melbourne broadcaster Neil Mitchell the complaint was filed in May 2023 but he didn’t learn about it until February this year.

“It became immediately apparent to me that in view of the nature of the complaint … I couldn’t keep hearing cases that involved the DPP,” he told the former radio host’s podcast, Neil Mitchell Asks Why?

“I really resigned to bring the whole thing to an end, I didn’t want this lingering. In a sense, it was a protest.

“The thing that most dis­appointed me was that from May last year to February this year, the judicial commission couldn’t bring themselves to tell me there was a complaint against me.

“I still don’t understand that … you would have thought as a matter of fairness they would have.”

The Australian has approached the judicial commission and the DPP’s office for ­comment.

Mr Lasry dramatically interrupted a court hearing in February to reveal he had learned of the complaint and despite the fact he “utterly” rejected the criticism from the DPP, he was resigning.

The dispute resulted from a ruling Mr Lasry made last year to stay charges against a trucking company boss relating to the accident that killed four police officers on the Eastern Freeway in April 2020.

The legal confrontation unfolded after the DPP withdrew four manslaughter charges against the trucking company boss.

“The point I was making was there should be some explanation as to why they weren’t proceeding. I thought the court and indeed the community were entitled to know why they didn’t proceed.

“That didn’t cut any ice and there was no explanation,” he said on the podcast.

Mr Lasry’s ruling was appealed by the DPP and the Court of Appeal overruled his decision. In its complaint, the DPP claimed the judge’s comments and actions had diminished the confidence of litigants and the public in general in his impartiality and independence. “These are allegations I ­utterly reject,” Mr Lasry told the court when he resigned.

Speaking to Neil Mitchell Asks Why?, Mr Lasry said he had “some theories as to why all of this happened” but wasn’t going to air them in public.

“The judicial commission probably need to be a bit less opaque in their procedures, and bear in mind that they are dealing with the reputation, hard-won reputation of people who are now judges of the court.”

Mr Lasry said he “assumed” it had damaged his reputation and he would have preferred the complaint and inquiry, which ended without resolution when he resigned, “had not ­happened”.

“I would have thought that what happened was adequately dealt with by the Court of Appeal … that’s where I would have thought it should have stopped,” he said.

“But clearly others had a different view, including the judicial commission.”

Asked if he had been treated unfairly, Mr Lasry said: “I think the failure to advise me of the complaint and give me a chance to respond to it for something like eight or nine months was unfair.

“It’s not for me to counsel the judicial commission but I think a body like that needs to be very careful of the way they deal with judges and deals with the reputation of judges.

“I don’t know who was making decisions about me and I think there are other judges who have the same lack of knowledge.”

Ms Judd also lodged a complaint with the judicial commission against County Court judge Geoffrey Chettle.

Mr Lasry told Neil Mitchell that he “absolutely” accepted the Court of Appeal’s ruling that overturned his stay of the charges against the trucking boss.

“Being overturned by the Court of Appeal is something that judges have to get used to and ­accept, which I absolutely do,” he said.