Tasmania’s chief justice says he won’t comment on a leaked text message where he suggested to a Supreme Court judge who is charged with criminal offences that he could “resign before this goes further”.
The text message came just hours before Attorney-General Guy Barnett announced parliament would be recalled to consider a commission of inquiry into whether Justice Gregory Geason should be removed, suspended or retained as a judge.
The text message has caused concern among lawyers, who described it as “inappropriate”.
Justice Geason has pleaded not guilty to charges of assault and emotional abuse.
The particulars of the charges, provided to the ABC by the court, reveal Justice Geason is alleged to have “subjected a person to verbal abuse”, that he is accused of “exhibiting jealousy, rage, anger and aggression” over a period between April and November this year.
He is also accused of tracking a person “using technology”, “coercing them into establishing a shared phone account to gain access to their electronic records”, and pressuring them to “sign the contract of sale on a home” in the Hobart area.
Justice Geason is on leave, while the cases he was presiding over have been distributed to other judges.
The message, sent by Chief Justice Alan Blow, is as follows:
7:03am
Hi Greg,
The Attorney General has spoken to me again. It is planned that at 2pm the Governor will announce that she is recalling Parliament next Tuesday to consider a Bill for the establishment of a commission to consider your removal or suspension.
I tried to make contact with you last night to let you know. One option would be for you to resign before this goes further.
Regards
Alan
Hobart lawyer Dinesh Loganathan said the text was “inappropriate”, and he believed the criminal justice system should proceed without a commission of inquiry occurring at the same time.
The chief justice said he did not wish to comment on the matter. Justice Geason said he also did not wish to comment.
Mr Barnett said that conversations between the two justices were “a matter for them”.
Chief Justice Blow asked Justice Geason to take leave until further notice on November 3. He then met with Mr Barnett later that day, who released a public statement.
Call for commission ‘extraordinary’: former attorney-general
Elise Archer resigned as attorney-general in September.
She posted on social media on Thursday night that she was concerned about the push for a commission of inquiry into Justice Geason.
“It’s extraordinary when there is a court process on foot,” Ms Archer wrote.
“Inexplicable really. Unfortunately it appears to be politically motivated and not in the interests of justice.”
Mr Barnett released a draft bill on Wednesday to establish a commission of inquiry to determine if Justice Geason should be suspended, removed or retained as judge.
A Supreme Court judge can only be removed by the parliament.
The draft bill includes a clause allowing the attorney-general to request to have a judge suspended if they have been charged with a crime punishable by 12 months or more in prison. Assault has a maximum penalty of 12 months imprisonment.
The commission has the power to compel Justice Geason to give evidence, and can investigate relevant matters including before he became a judge.
The commission can be wound up if Justice Geason resigns.
Court ‘best place’ to hear criminal allegations
Hobart barrister Cameron Scott said he was troubled by the move towards an inquiry.
“There’s a criminal process that’s now on foot. Because it’s a magistrates court proceeding, it will run fairly quickly, and is the best place to determine which allegations are true or not,” he said.
“The commission would take in a range of evidence, but also cut across the same issues that the court will decide.
“The danger is that the commission might end up accepting evidence that the court would not, and have a danger that there might be inconsistent findings of fact.”
In announcing the push for a commission of inquiry, Mr Barnett said the criminal proceeding would not address whether Justice Geason was suitable or fit to remain in office, arguing the inquiry was needed.
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