Attorney-General Guy Barnett says parliament will vote on suspending Justice Gregory Geason
Justice Gregory Geason could be suspended by a vote of parliament on Tuesday after an 11th-hour deal about legislation to establish an inquiry. Latest.
Tasmania
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A Supreme Court justice accused of criminal offences could be suspended by a vote of parliament on Tuesday after an 11th-hour deal to allay concerns from independents about legislation to establish an inquiry.
Justice Gregory Geason is on bail while awaiting a court appearance in February on charges of assault and emotional abuse. He has been on leave since early November.
Shortly after 4pm on Friday, Attorney-General Guy Barnett announced plans for legislation to establish an inquiry would be shelved for the time being.
Instead, parliament will vote on whether to suspend Justice Geason instead.
“Following consultation, the Attorney-General has agreed to instead move a motion in both Houses of Parliament on 12 December 2023 calling on her Excellency the Governor to suspend Justice Gregory Geason under the Supreme Court (Judges’ Independence) Act 1857,” Mr Barnett said in a statement.
“The Government will continue to develop a Bill to ensure that a mechanism to assist parliament and the Governor to consider the serious matter of the fitness for office of a Judge of the Supreme Court can be brought before parliament at an appropriate time in the future.
“The Attorney-General thanks Members for the cooperative and nonpartisan way in which they have engaged in this process.”
The resolution was reached after MPs Lara Alexander and Meg Webb raised concerns about the draft bill.
“Clearly there was growing disquiet and concern amongst MPs, the legal fraternity and other stakeholders over the apparent over-reach, blurring of powers, and the dangerous potential precedents impeding natural justice processes posed by the government’s proposed Bill,” Ms Webb said.
“Both Ms Alexander in the Assembly and myself in the Council shared serious concerns regarding the proposed Bill and had sought advice on each of us moving next week in our own chamber an alternative mechanism which would see both Houses of Parliament consider the possible suspension of the Justice without requiring the other problematic aspects of the proposed Bill.
“I am very pleased the Attorney-General has seen fit to adopt our proposal, and that the government will now move specific motions in both Houses regarding the Judge’s potential suspension while hitting the pause button on the other controversial aspects of the proposed Bill.”
The Law Society of Tasmania on Friday announced its opposition to the bill, which the Mercury understands was on its tenth or eleventh draft on Friday.
Society President Julia Higgins said rushing the bill through would be a mistake.
“The Society has significant concerns with the Bill as it is drafted,” she said.
“The Bill provides too broad a power to the Commission to conduct the Inquiry and obtain information ‘in any manner that it considers appropriate’
“The Bill takes away the ability to claim legal professional privilege in relation to ‘records, documents or information’.
“Conceivably, the Commission could compel production of what would otherwise be confidential information and advice between Justice Geason and his legal advisers
(And) the power given to the Minister alone to recommend suspension is likely to be unconstitutional.”
The Australian Judicial Officers Association also expressed concerns about the draft bill.
“The capacity of the Commission of Inquiry to express an opinion that a judicial officer should be removed from office based only upon ‘interim findings of fact’ contained in an interim report undermines the integrity of the proposed inquiry and offends against basic notions of fairness,” President Justice Michael Walton said.
Particulars released by the Hobart Magistrates Court show the charges Justice Geason faces involve an accusation of common assault by “grabbing (a woman) by the arms and squeezing, shaking her and striking her chest with your hand”.
The redacted particulars also reveal Justice Geason has been charged with emotional abuse or intimidation by tracking a person’s movements using technology, coercing them into establishing a shared phone account to gain access to her electronic records, and interrogating her about her location and details about her companions.
Also as part of that charge, Justice Geason has been accused of scrutinising the person’s electronic devices and reviewing her messages, including deleted messages, and subjecting her to verbal abuse, including remarks about her professional and personal life, and persistently “yelling and screaming at her”.
It is further alleged he demanded a person “contribute $300,000 equity from her own home” and pressured them to sign a contract of sale on a home.
The particulars also reveal he has been accused of “exhibiting jealousy, rage, anger and aggression” and making ongoing contact with a person on 13 occasions last month in contravention of a court order.
Justice Geason is due to appear before the Magistrates Court on February 6 next year.
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