Thursday, 22 February 2024

Justice Lex Lasry

Michael O’BRIEN (Malvern) (09:45): This Friday marks the resignation of Justice Lex Lasry from the Supreme Court after 17 years of exemplary service. In the words of former Chief Justice Marilyn Warren, he is ‘a judge of absolute integrity’. The judge announced his resignation mid-hearing after being made aware that the Director of Public Prosecutions had made a complaint against him to the Judicial Commission of Victoria. The complaint alleged that the judge’s actions in court:

… had the tendency to diminish public confidence in the administration of justice in Victoria and diminish the confidence … in His Honour’s impartiality and independence.

Having overturned one of Justice Lasry’s rulings before the Court of Appeal, the DPP then made this personal complaint against the judge. It is notable that the DPP failed to raise it with Justice Lasry in open court. The DPP is not a judicial officer and exercises executive power, not judicial power. But unlike ministers, who are accountable to the Parliament, the DPP has no accountability here, despite her exercise of executive authority. I agree that the DPP must be independent, but independence should not mean unaccountable. The DPP took after Justice Lasry with far more vigour than she ever pursued Nicola Gobbo or others responsible for the Lawyer X scandal. To preserve public confidence in the administration of justice in Victoria we must ensure that the independence of the office of DPP does not also mean unaccountability to Victorians.