Controversial magistrate embroiled in fresh allegations

Shocking allegations involving sexual harassment of a junior solicitor by a controversial magistrate have emerged just days after he resigned.

Controversial former magistrate Richard Pithouse is facing fresh allegations of sexual harassment. Picture: Hamilton Spectator.

Shocking allegations involving inappropriate conduct and sexual harassment of a junior solicitor by controversial Melbourne magistrate Richard Pithouse have emerged just days after he resigned.

The Judicial Commission of Victoria has revealed the details of multiple investigations into Mr Pithouse following two separate complaints made about him last year.

In a complaint made on December 21, Mr Pithouse is alleged to have communicated with a junior solicitor he was mentoring, in an “unprofessional and inappropriate manner” in text messages, emails and other electronic communication.

Exactly what was written has not been made public.

But the commission ruled it “was satisfied the alleged conduct could be characterised as sexual harassment by the officer of the junior solicitor”.

It said Mr Pithouse did not provide a response when asked about the December complaint.

It comes as the Herald Sun had previously detailed how the commission had stood down Mr Pithouse in February pending the investigation of another complaint about his in-court behaviour.

The complaint, lodged by a Victorian Legal Aid chief executive in September, claimed Mr Pithouse was “excessively and unnecessarily aggressive and intimidating” towards their client in court on August 22.

An examination into the incident revealed Mr Pithouse remanded a mother of a special-needs child into custody for a minor charge, allegedly basing the decision on her “attitude”.

Mr Pithouse was is alleged to have sexually harassed a junior solicitor over email and text message. Please credit: Hamilton Spectator.

The complaint alleged he “used the threat of immediate imprisonment to terrify” the woman, knowing she had children at court with her.

“He failed to demonstrate respect or courtesy towards the defendant at any point during the hearing, or to respect her dignity,” the complaint outlined.

“The officer demonstrated a lack of impartiality and integrity in that he appeared to pre-judge the matter before hearing from the VLA lawyer.”

It added that the magistrate “demonstrated that his decision making was dictated by his emotional state of anger rather than application of the law” and that he “allowed himself to become angry and aggressive as a result of taking the

defendant’s behaviour personally”.

“In remanding the defendant in custody overnight, (Mr Pithouse) made use of his judicial power to assuage his own anger,” VLA said.

The complaint also alleged he did not have the capacity to meet a judicial officer’s requirements of impartiality, integrity, and appropriate treatment of court users.

In a response to the commission in November, Mr Pithouse denied the allegations.

The complaint was referred to an investigating panel, which included former Court of Appeal president Chris Maxwell AC and former County Court judge Chris O’Neill.

A hearing before the panel on Tuesday was vacated after Mr Pithouse handed in his resignation on March 14.

The panel must dismiss a complaint if the magistrate is no longer a judicial officer.

“As the panel’s investigation of the first complaint did not conclude, and the panel’s

investigation of the second complaint did not commence, no findings were made in relation

to the allegations contained in either complaint,” the commission said.

“The commission will not be releasing any further information about the complaints.”

Mr Pithouse’s last day on the bench was on Friday.

His career has been plagued with controversy, with the Herald Sun exposing him in 2018 as being under investigation for making comments in court suggesting a rape victim had “buyer’s remorse”, for which he was later disciplined.

Originally published as Controversial magistrate embroiled in fresh allegations