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Perth mum airs concerns over magistrate Robert Young’s treatment of DV as Premier promises judicial watchdog

A Perth mother has added her voice to mounting concerns over a WA magistrate’s treatment of domestic violence victims, as Roger Cook doubled down on his criticism. The Premier has recommitted to Labor’s promise to establish a judicial watchdog as a “priority” but did not set a time frame, a day after urging the State’s chief justice to “call in” Magistrate Robert Young after he described a female domestic violence victim as “petulant” and “disrespectful” and played down her assault. Her attacker, Ryan Michael Tucker, could have been jailed for up to two years but was instead given just a $1500 fine. The West Australian can reveal Magistrate Young left another woman “shaking” in August last year, when he adjourned her application for a restraining order after demanding her phone to prove how often her estranged partner was calling. “I felt so belittled,” she said. “I wasn’t covered, I wasn’t protected and I left crying, shaking; I was incredibly scared, in fear that my ex would find out.” Transcripts obtained by The West Australian confirm Magistrate Young accidentally called the man, after she reported that he was harassing her and refusing to leave the family home. Magistrate Young told the complainant economic abuse did not constitute “imminent harm” and he was not convinced there was a “level of urgency”, as he adjourned the case for three weeks. “Certainly anything can be family violence if it is said to be objectively done to coerce, control or cause fear,” he said. “Now the evidence that you’ve given may be capable of establishing that. I will put it no higher than being capable. But what I’m not satisfied of at this stage in the proceedings is the level of urgency.” The complainant said she later withdrew the application, so her ex-partner would not find out. “I had to see my ex that weekend, he abused me and swore at me in public while holding our son,” she said. “I can’t believe I go to the court for help and they call the person from my phone I am needing protection from.” Three days later another magistrate granted an interim family violence restraining order. Women’s Legal Service WA chief executive Jennie Gray called it an “outrageous” example of judicial overreach. “This is another instance where a woman is not believed, where her justified concerns for her safety are dismissed,” she said. “Her safety has been compromised in the very place that has been established to keep her safe. “Economic abuse is part of a family and domestic violence dynamic . . . we therefore need to take this risk very seriously.” Chief Magistrate Steven Heath and Chief Justice Peter Quinlan declined to comment. Domestic Abuse and Resource Training Institute founder Jolene Ellat called for judicial training to be reviewed and stepped up. “Sadly I have supported women through not only the Magistrates Court but through Family Court where a lack of family, domestic and sexual violence and trauma-informed awareness is present,” she said. “This needs to be addressed . . . what we have seen is that due to an ‘accidental call’ by the magistrate, further distress and possible safety ramifications have been created. “The process of obtaining evidence, especially from personal devices like a phone, should take into consideration the potential trauma and emotional distress this may cause.” The Law Society of WA spoke out to defend the judiciary’s independence on Wednesday, but said it was important that victims of domestic violence “can and should” have confidence in the law. “That confidence is undermined by selective and piecemeal commentary on individual decisions,” Law Society President Paula Wilkinson said. “The judiciary is an independent arm of Government and as such politicians should recognise and respect that separation.” The WA Bar Association said there was no recourse for the Chief Justice to “call in” a magistrate over their language, with no appeal. In a statement, the Association said the “integrity” of the justice system is of “paramount importance.” “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 Law Society has previously warned the current complaint process, overseen by the Chief Magistrate and Chief Justice, is vulnerable to perceptions of bias and called for an independent Judicial Commission to be established. Premier Cook vowed on Wednesday that legislation will be drafted “as a matter of priority”. “What has emerged this week has been extremely disappointing,” he said. “I’ve been shocked by the Magistrate’s language in relation to this particular case. It is crucial that when victim-survivors of family and domestic violence show the strength to come forward, they are treated with respect. “Oversight of the judiciary must be independent of government. However, it is clear that there needs to be improved accountability and education when it comes to our judiciary. “A re-elected WA Labor Government will prioritise the establishment of a judicial commission in WA, to better hold judicial officers to account.” Liberal Leader Libby Mettam said the recent cases raised “real questions” about Magistrate Young’s conduct. “A judicial commission could have taken action,” she said. “And undertaken such action in a way which would have been not only lawful but would have given confidence to the public and many of the people across the State who have been appalled by these reports. “It’s been promised since 2016 and it has clearly not been a priority of Roger Cook and the WA Labor Government.”

The West Australian exclusivePerth mum airs concerns over magistrate Robert Young’s treatment of DV as Premier promises judicial watchdog

exclusive
Perth mum airs concerns over magistrate Robert Young’s treatment of DV as Premier promises judicial watchdog