RTI reveals discussions over payout to convicted judge
Email exchange over the resignation of convicted Tasmanian judge Gregory Geason included a final ultimatum from the state government. An RTI reveals how it happened.
Tasmania
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The resignation of a Supreme Court justice who was convicted of criminal offences in November came after a proposal from the judge to the chief justice, an exchange of emails over entitlement to paid sabbatical leave and a final ultimatum from the government.
Former Supreme Court Justice Gregory Geason quit in the early hours of a Monday morning as the government planned to seek his removal by parliament the following day, more than 200 pages of heavily redacted documents released under right-to-information laws reveal.
Geason, 63, was found guilty of assault and emotional abuse or intimidation against a woman and sentenced to 100 hours of community service on November 14.
He has also pleaded guilty in NSW proceedings to breaching an apprehended violence order.
The trove of documents released by the Department of Justice include Justice Geason’s resignation in an email sent to Government House at 1am on November 18 — the day before parliament was to decide his fate.
A series of messages between senior public servants and Attorney-General Guy Barnett reveal growing concern about the long delay between Justice Geason saying he was planning to resign and his actual resignation.
He had been on full pay — but not hearing cases — since December 11 last year.
Justice Geason wrote to the then Chief Justice Alan Blow on October 23.
The correspondence is mentioned in a reply from the then acting Department of Justice Secretary Kirsty Bourne as “a proposal I understand you shared with the Chief Justice, offering that you resign.”
The details of that proposal were shared with the executive council by the chief justice and with the Solicitor-General.
Among the major discussion points prior to Justice Geason’s resignation appears to be over entitlements to unused annual and sabbatical leave.
Judges are able to take up to ten weeks annual leave a year and up to three months sabbatical leave after five years of service or six months after ten years.
Ms Bourne wrote to Justice Geason on November 9, discussing the custom in one of a series of emails that included the subject line: “Re: Proposal – without prejudice”.
Ms Bourne noted the sabbatical leave issue and said “on that basis, and despite a willingness to resolve these matters as soon as possible …” but the remainder of the sentence is redacted.
She wrote again on November 13.
“As I have not received any further correspondence from you, I write to see further confirmation as to your intentions”
Justice Geason responded later the same day. The bulk of this response is redacted.
Attorney-General and Minister for Justice Guy Barnett wrote to Justice Geason on November 15.
“Failing confirmation of your resignation by the commencement of Parliament at 10am Tuesday 19 November 2024, I intend to move a motion in the House of Assembly consistent with the Supreme Court (Justices Independence) Act 1857 calling on the governor to move you as a puisne Judge of the Supreme Court of Tasmania”.
Justice Geason resigned in an sent to the Governor at 1.39am on November 18.
“Your excellency I hereby resign my commission as a puisne judge of the Supreme Court of Tasmania with immediate effect,” it said.
Justice Geason was appointed on November 16, 2017. His departure came two days after he completed his seventh year in office.
At the time of his resignation Justice Geason’s salary was $562,540 a year, plus superannuation and a car.
Three months’ salary would equate to more than $141,000, six months would be more than $280,000.
The documents do not reveal whether an agreement was reached regarding the sabbatical entitlement or what Justice Geason’s final payout was.
He was the first judge in Tasmanian history to be convicted of a criminal offence.
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