WA Premier dragged over coals for magistrate criticisms
West Australian Premier Roger Cook was rebuffed by the state’s legal profession after he called for a magistrate to be disciplined.
In a scathing statement, the Criminal Lawyers Association criticised Cook for overstepping the convention that enforced a “reciprocal level of respect” across Parliament, the executive and the judiciary when he called for Magistrate Robert Young to be “held accountable”.
According to media reports, Young found the victim of a domestic violence incident was a “petulant” and “disrespectful” witness. He also said the perpetrator was an “otherwise functional” person.
During a press conference, Cook said this language was “completely regrettable” and wouldn’t “pass the pub test”, referring to the opinions a reasonable person might think of a particular situation.
“Ultimately, he will be held accountable by the Chief Judge and other measures that we have inside our judicial system to make sure that our courts function properly,” Cook said.
“[Chief Justice Peter Quinlan] should certainly call him in.”
The Criminal Lawyers Association, signed by president Anthony Elliott and secretary Joanne Graham, said Cook’s comments revealed a “complete lack of understanding of the judicial hierarchy, and the functions of the respective organs of government”.
Cook also “misapprehends the role of the Chief Justice”.
“If the magistrate has made an error, it will be corrected by a higher court after a review of all of the evidence which was before the magistrate, as well as upon a consideration of the legislation relating to sentencing which has been enacted by Parliament.
“The ‘pub test’ has no place in the analysis,” the association said.
The Director of Public Prosecutions said it would not appeal.
The Western Australian Bar Association said the integrity of the justice system is “of paramount importance” to the functioning of the legal system and the “preservation of the rule of law”.
“The comments of the Premier, which have been recently reported in connection with this matter, have the potential to undermine the independence of the judiciary, which is a touchstone of our democratic process,” the WA Bar said in a statement.
Last December, similar criticisms were made of Police Minister Paul Papalia for comments he made about Magistrate Michelle Ridley’s decision about a 10-year-old boy’s mental capacity.
After Minister Papalia said the decision sent a “bad message”, the Law Society of Western Australia rebuffed him for “undermining the public confidence in the administration of justice”.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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