A judge made gratuitous and demeaning comments about an alleged rape victim before permanently staying the case against her two accused attackers, Victoria's judicial watchdog has found.
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The state's top prosecutor, Kerri Judd, filed a complaint with the Judicial Commissioner of Victoria against County Court Judge Geoffrey Chettle in June 2023.
It related to court proceedings against two men accused of rape and sexual assault and faced pre-trial in February last year.
During an argument about the scope of cross-examination the alleged victim would be permitted, Judge Chettle made comments about her, which formed part of the complaint.
He then decided to place a permanent stay on the case, which was successfully appealed by the Director of Public Prosecutions.
Judge Chettle was also accused of not copying defence into emails about the case.
Following an investigation, the commission on Monday found Judge Chettle "infringed on the standards of conduct generally expected of judicial officers".
It found he used language about the alleged victim, when she was not present, that was "pejorative, demeaning and incongruous".
"The officer's use of that language lacked the sensitivity expected of judicial officers presiding in sexual offence matters, tended to cause offence, and was gratuitous," the commission said in its finding.
The details of the judge's comments were not written into the finding.
Judge Chettle told the commission his use of one particular pejorative word was unnecessary and apologised for using the word.
He said he did not mean any discourtesy or lack of respect, or to cause embarrassment to the alleged victim.
The commission also found that, while the judge leaving defence lawyers off emails was unintentional, a phone call between him and the trial prosecutor was "unorthodox and should have been avoided".
Judge Chettle was told to undergo counselling with the head of the jurisdiction on the need to exercise sensitivity, courtesy and respect in the courtroom, particularly in sex offence cases.
He will also be counselled on how to direct or supervise the work of his chamber's staff and on the importance of judicial officers not engaging in private conversations with lawyers.
Ms Judd complained to the commission about Supreme Court Justice Lex Lasry a month before the prosecution complaint about Judge Chettle was filed, in May 2023.
But the commission dropped its investigation into that complaint, which was about a ruling on the Eastern Freeway crash that killed four police, when Justice Lasry resigned in February.
Australian Associated Press
