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Justice Gregory Geason motion withdrawn after undertaking given to not hear cases
The Attorney-General has just issued a statement on the withdrawal of the motion to consider Justice Gregory Geason's future - the sole purpose parliament had been recalled. Here's how the scenes played out.
A special sitting of Parliament will today consider the fate of Supreme Court Justice Gregory Geason, who is facing criminal charges.
The government has reconvened both houses to consider a motion on whether to suspend the judge, something that has not happened in 200 years of Tasmanian judicial history.
However, there are concerns Parliament interfering with the independence of the court could be unconstitutional.
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Justice Geason's undertaking not to sit as a judge.
Statement from the Attorney-General
The Attorney-General's statement to the House of Assembly in full:
"On Friday 8 December 2023, I foreshadowed that I would move a motion in This Place calling on her Excellency the Governor to suspend Justice Gregory Geason consistent with the provisions of the Supreme Court (Judges' Independence) Act 1857.
"That statement followed extensive consultation with Members over the preceding week in relation to concerns about the ability for Justice Geason to be suspended from judicial office while he faces criminal proceedings.
"As a result of those discussions and Member’s concerns, I agreed, in good faith, to bring that motion to the House as an alternative to introducing bespoke legislation to address the question of the suspension and/or removal of Justice Geason from office.
"Over the lunch break, I have briefed the Members of This Place and recently Members of The Other Place specifically about the correspondence sent to all members from Justice Geason’s lawyer raised a constitutional challenge to the motion. I have also shared that advice with correspondence and the specific issues raised in it. and have now shared that advice with all Members of Both Houses.
"I would like to thank members for engaging in consultation with my office and my Department in a co-operative and non-partisan way.
"The concern that motivated the proposed legislation and the draft motion arose from Justice Geason being charged with two serious family violence related offences: one count of common assault and one count of emotional abuse and intimidation.
"Again, I would like to clearly acknowledge that Justice Geason has entered pleas of not guilty to these charges and is entitled to the presumption of innocence.
"As I have said previously, this situation is unprecedented in Tasmania, and presents challenges that have not previously needed to be addressed. The only reference to the suspension or removal of a judge is section 1 of the Supreme Court (Judges' Independence) Act 1857. I am advised that the power to suspend is found in the royal prerogative.
"As First Law Officer I have, at all times, approached this matter apolitically and pursuant to relevant advice. It is clearly an unusual and complex area of law.
"To be clear, I sought advice from Solicitor-General on multiple drafts of the proposed legislation and on a draft motion following consultation with Members and legal stakeholders. I acted in accordance and consistent with that advice at each step.
"Over the weekend, Members received further correspondence including opinion from lawyers acting for Justice Geason which raised the prospect of a constitutional challenge to any suspension put in effect by Her Excellency the Governor on the Parliament’s request. Such a legal challenge had not previously been identified by the advice that I received.
"I have sought and received preliminary advice from the Solicitor-General in relation to that correspondence.
"It is the position of the Government that there is a constitutionally valid power to suspend a judge of the Supreme Court. However, this matter involves complex and untested legal and constitutional issues and will take some time to work through to minimise the risk of constitutional challenge.
"My concern, as Attorney-General and First Law Officer, in relation to this matter has always been to ensure that the reputation of the court and the public’s confidence in our justice system is maintained.
"Justice Geason is currently on voluntary leave, and as such he retains the right to sit and exercise his powers as judge. It is my view that in circumstances where a judge is facing criminal charges but retains the right to sit as a judge and to exercise their powers, there is a significant risk to the reputation of and confidence in the Court.
"On 10 December 2023 his Honour Justice Geason provided a written undertaking to members of Parliament that he will not seek or attempt to exercise the powers of a judge of the Supreme Court of Tasmania whilst the criminal and ancillary proceedings against him are pending.
"While that undertaking is not legally enforceable, any breach of that undertaking could be a relevant matter for Parliament to consider in relation to Justice Geason’s conduct at a future time. It is also worth noting that as a judicial officer, Justice Geason’s undertaking is significant.
"In light of the written undertaking, I am reassured that he will remain on leave while the charges are resolved. As such and coupled with the prospect of a constitutional challenge, it is my view that the reputation of the Court and confidence in the justice system will be maintained as a result of that undertaking.
"In the circumstances I do not consider that it is now necessary or appropriate to move the foreshadowed motion.
"We have maintained complete integrity in relation to a very difficult matter, and I hasten to add that we have been acting in good faith and in accordance with advice throughout.
"I further emphasise that the very significant development being that Justice Geason signed a written undertaking in terms made public and similar to that which the Government was proposing to move has provided us with a confidence that the integrity of the justice system can be protected. I table to the undertaking so that the Parliament’s record on this issue us complete.
"Once again, I thank Members for their engagement in relation to this issue."
Labor calls for Attorney-General to be sacked.
Labor’s Dean Winter said the day’s proceedings had been the most incompetent exhibition from a Minister of the Crown in living memory and called for the Attorney-General to be sacked.
“The Attorney General recalled parliament to debate a motion that didn’t exist, wanted to suspend parliament a minute after it commenced, expected all parliamentarians to shuffle off to a briefing no one knew anything about until 20 minutes before parliament sat [and] failed to notify the Leader of the Government in the Legislative Council, Leonie Hiscutt, the Government had scrapped the entire reason for the Legislative Council being recalled,” he said.
Legislative Council learns about Lower House motion from The Mercury
Members of the Legislative Council aired their anger at a 2.30pm sitting, displeased they were “informed by the media” about the Lower House’s intentions to abandon the movement to suspend Justice Geason.
Independent member for Murchison Ruth Forrest said the Legislative Council should have been briefed in conjunction with the House of Assembly, so everyone could “understand the situation together”.
Informed of the day’s events by The Mercury’s coverage rather than by official briefings, Ms Forrest said the council had not been informed or briefed appropriately.
“It’s all members of the Legislative Council here who have not been afforded the opportunity to agree at the same time as the Lower House members,” Ms Forrest said.
“I ask, how could that possibly happen when this is a matter of such great importance, a parliamentary call?
“And what is the cost of resuming parliament proceedings?”
Member for Montgomery, Leonie Hiscutt, said she had insisted the Legislative Council be briefed at the same time as the Lower House, suggesting anything else divulged could have been confidential.
“I’m not sure there has been a motion that has been decided on,” Ms Hiscutt said.
“Maybe the media knows something I don’t.
“The briefing was set up in the Lower House during the lunch break, because they refused to adjourn for their briefing, and will be adjourning for ours very, very soon.”
– Grace Baldwin
CONFIRMED: Government abandons attempt to suspend judge,
MPs emerging from a briefing have confirmed the government has abandoned attempts to suspend Justice Gregory Geason.
Debate on the suspension was the only reason Parliament was recalled for a special sitting on Tuesday.
Government appears to have abandoned bid to suspend judge
The government appears to have abandoned plans to suspend a Supreme Court judge accused of criminal offences.
Parliament was recalled on Tuesday, initially to debate setting up an inquiry into Justice Gregory Geason.
That attempt was abandoned on Friday after objections from independent MPs.
The Mercury understands an attempt to suspend Justice Geason under the never-before-used provisions of the Supreme Court (Judges' Independence) Act 1857 has also now been abandoned.
Attorney-General Guy Barnett is briefing House of Assembly MPs and a statement to the House of Assembly will be made after it resumes at 2.30pm.
Independents condemn "embarrassing" special sitting
Independent member for Lyons John Tucker and member for Bass Lara Alexander have condemned parliament’s messy proceedings as “embarrassing”.
Suggesting Justice Geason’s fate “should have never been discussed in the first place” by parliament, Ms Alexander said the day had revealed “a big lesson to be learned”.
“Frankly, it’s just embarrassing for anybody looking at this from the outside in,” Ms Alexander said.
“As a person that has worked in that professional world up until 16 months ago, I would have been extremely embarrassed to be associated with a process that has been so disjointed.
“It’s exposed us as a government, as a parliament, to a tremendous amount of risk.”
She said she was “uncomfortable” with the possibility of governmental interference in a judicial process.
Declaring today’s state of affairs as “diabolical”, Mr Tucker agreed he felt vindicated to no longer be a member of the Liberal Party.
“There has been a lot of shenanigans and I do have to question why parliament was called today,” he said.
When asked whether the Liberal Party’s “organised” and “non-toxic” reputation was at risk, Mr Tucker said he was concerned the party was heading in that direction.
– Grace Baldwin
MPs take lunch break
Both Houses of Parliament have taken a break for lunch. The House of Assembly will be getting a briefing from the government at 1.30pm, the Legislative Council at 3pm. Question time is expected to follow.
Parliament has so far dealt with two of the 11 items of formal business listed for today's sitting.
ORDER OF BUSINESS
1. Acknowledgement of Traditional People
2. Prayers & Reflection
3. Questions seeking information
4. Petitions
5. Papers, Answers to Questions on Notice, and Government Responses to Petitions
6. Messages
7. Introduction of Bills
8. Other Formal Business
9. Condolence Motion: Hon. Fran Mary Bladel MP
10: Matter of Public Importance
11. Government Business: (1) Notice of Motion 224
Special sitting could spill into second day
State parliament's extraordinary sitting could spill into a second day.
The government has recalled parliament for a special sesion on Tuesday to debate the future of Supreme Court Justice Gregory Geason.
Labor has foreshadowed seeking an additional day to pursue a motion in favour of a Parliamentary inquiry.
Leader of Opposition Business Dean Winter foreshadowed another sitting day.
"If you want to deal with this, let's deal with it today," he said.
"If you want to deal with it tomorrow then vote against this and we'll deal with it tomorrow. We are very serious about this.
"We think it is the it is absolutely critical that this entire mess be pulled apart so that we can understand what the interference from this minister was from the Attorney General."
Labor inquiry bid fails
Two updates from state parliament:
* A Labor bid in the House of Assembly for an parliamentary inquiry into matters surrounding Justice Gregory Geason has failed.
* The Legislative Council sat for 25 minutes and has adjourned until later in the day
* Independent member for Lyons John Tucker has sought leave to move a motion relating to TQM Meats.
Question Time is expected to follow the resolution of that matter.
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