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Premier Roger Cook demands chief justice ‘call in’ magistrate for disparaging language towards DV victim

Roger Cook has called for a magistrate to be hauled before WA’s Chief Justice after he described a female victim of domestic violence as “petulant ... and disrespectful” and downplayed the assault. However, despite the Premier’s demand for Magistrate Robert Young to be “held accountable”, Chief Justice Peter Quinlan refused to weigh in, saying it would be “contrary to the rule of law” for him to comment. The outrage surrounding Mr Young has arisen since it emerged he had compared the 25-year-old victim of a shocking domestic violence attack unfavourably with her assailant. He described the woman as “petulant, volatile, defensive and disrespectful” while calling her former boyfriend Ryan Michael Tucker “otherwise a functional and intelligent person”. Tucker was caught on CCTV outside the Art Gallery of WA in Northbridge punching the woman twice in the head, leaving her with a bruised face, before stealing her mobile phone. Mr Young was unimpressed with the woman’s demeanour in court and said that if the video footage did not exist he would likely not have believed her. The magistrate, whom The West Australian can reveal has undergone mandatory family violence training, described the assault as “situational,” the punch “more as throwing an elbow” and the victim’s injuries as “superficial”. Tucker was charged with aggravated assault causing bodily harm, which could have resulted in up to two years jail. But instead he escaped with a $1500 fine. On Tuesday, Mr Cook urged Chief Justice Quinlan to “call in” Mr Young over concerns his language could deter other domestic violence victims from coming forward. “That language is completely regrettable, and I don’t think it passes the pub test,” the Premier said. “The magistrate has independence in the way he applies the law as a judge, and ultimately will be held accountable by the Chief (Justice) and other measures that we have inside the judicial system to make sure that our courts function properly. “He (the Chief Justice) should certainly call him in, I don’t think that language is suitable.” But Chief Justice Quinlan refused to be drawn into the furore, saying the courts had to independently apply the law. “The principles of law in relation to sentencing for offences involving domestic and family violence are clear,” he said. “Courts sentencing offenders for such offences must take account of the need to protect persons in vulnerable positions, so far as the courts can do so by the imposition of a sentence, bearing in mind a proper relationship to the overall criminality of the offence.” Chief Justive Quinlan added it would “inappropriate” and “contrary to the rule of law” for him to comment on “the correctness” of a sentence, outside of an appeal. The National Judicial College of Australia’s family violence program is compulsory for magistrates, but can be completed in person or online. The National Domestic and Family Violence Bench Book utilised by magistrates includes chapters on “listening to victims” and the “fear and anxiety” witnesses may feel if they are forced to face perpetrators in court. It urges courts to implement separate waiting areas, staggered arrivals and provide a support person. In this case, the victim said she only met the support person that day and was seated next to her abuser’s family who “stared” at her during proceedings. The guidelines also suggest “prohibition” of cross-examination by a defendant, but Tucker was able to question his victim at short notice after his lawyer withdrew from the case. The victim has told 7NEWS she was disgusted by the magistrate’s stance and wanted the Government to intervene. “I hope he’s gone home and taken a long look in the mirror,” she said. “This Government has the responsibility and opportunity to do something about it and they choose to sit back and watch. The time is now for change, we are begging the Government that our systems need more support. Women need more support.” Mr Cook said it was important domestic violence victims were “heard and supported”. “It’s not only important for that victim, it’s important for others to know that they can come forward without being unnecessarily judged or criticised,” he said. The woman’s request to appeal Tucker’s sentence has been dismissed by the Office of the Director of Public Prosecutions, but Mr Young’s sentencing remarks have sparked outrage from advocates who claim it is not an isolated case. Prevention of Family and Domestic Violence Minister Sabine Winton said that “it is crucial that when victim-survivors show the strength to come forward, we believe them”. “This particular case is concerning — leaders from across sectors have a responsibility to treat victim-survivors with respect and should be held accountable to the community,” she said. Women’s Legal chief executive Dr Jennie Gray said victims of domestic violence who did not fit a “stereotype” of being “submissive” were often discounted. “The victim-survivor of family violence who doesn’t present as submissive and compliant is often much more harshly judged,” she said. Dr Gray called for more “education” for magistrates and judges to address these stereotypes. “It’s really important that we overcome stereotypes and gender tropes about how we think women should behave,” she said. Phillip Ripper,the chief executive of No To Violence, which specialises on helping male perpetrators change their behaviour, said the magistrate had appeared to fall for the “good bloke defence” in his positive description of the perpetrator. “It’s cases like these ... that undermine victim-survivor’s trust in the entire justice system,” Mr Ripper said. “The judge’s comments appear to be an outrageous and classic case of victim-blaming.” Mr Ripper said the Government and the judiciary should be at the “forefront” of changing attitudes towards domestic violence, but were frequently the “last on board”. Human rights lawyer and advocate Rabia Siddique described the magistrate’s comments as “offensive”, but “sadly not completely surprising”. “There is a desperate need for better education for the judiciary and for judges and magistrates to receive trauma-informed training,” Ms Siddique said. “It seemed as though ... the character of the female complainant was more on trial and under the spotlight than the man accused of violent offences.” Centre for Women’s Safety and Wellbeing chief executive Dr Alison Evans said men who used violence did not always appear “capable of inflicting terror”. “To truly address the issue of family and domestic violence and support victim-survivors, we must confront the norms and attitudes that enable such behaviour to persist,” she said. If you or someone you know is experiencing family violence, phone 1800 RESPECT (1800 737 732) or the Crisis Care Helpline on 1800 199 008. No to Violence offers counselling to men who wish to change their behaviour on 1300 766 491.

updatedPremier Roger Cook demands chief justice ‘call in’ magistrate for disparaging language towards DV victim

updated
Premier Roger Cook demands chief justice ‘call in’ magistrate for disparaging language towards DV victim