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Judicial Commission clears magistrate of misconduct
The magistrate who dismissed assault and indecent assault charges against actor Craig McLachlan has been cleared of misconduct allegations.
Naomi Neilson
The Judicial Commission of Victoria dismissed all complaints made against Magistrate Belinda Wallington following the 2019-2020 proceedings concerning Mr McLachlan, who was accused and cleared of assaulting four female co-stars during the run of the Rocky Horror Show Musical in Australia.
Following a review of transcripts, audio recordings and written material, the Judicial Commission found that while there were some “robust exchanges” with counsel, the magistrate’s tone and demeanour was courteous and at no point inappropriate. There was also no evidence that she was biased against the witnesses.
Referring to her interactions with the witnesses, the commission clarified that there are specific legislative requirements for judicial officers to observe in proceedings involving sexual assault allegations. In light of those obligations, “the officer’s interactions with the witnesses were consistent with those requirements”.
As for the issue of Magistrate Wallington’s delivery of the reasons, the commission found “the manner in which the officer delivered and expressed her reasons for decision are within the standards of acceptable judicial conduct”.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
