As the legislation moves forward, call on Judge Gregory Geason to resign after his guilty verdict

On By Yukito

The Tasmanian government appears to have no mechanism to remove a judge found guilty of assaulting a woman causing extensive bruising and concussion – but that could change within weeks.

Judge Gregory Geason has been receiving a salary of about $500,000 since taking leave last November following a police domestic violence order.

Charges were then brought against him on December 1, but the government abandoned the attempt to suspend him due to constitutional concerns.

A man in a suit entering the courthouse.

Judge Geason says he’ll have more to say later. (ABC News: Luke Bowden)

He was found guilty on Wednesday of assault and mental abuse or intimidation, and will be sentenced on November 14.

Judge Geason did not say whether he would appeal the magistrate’s decision or step down from the Supreme Court.

“I will have more to say in due course,” he told the court.

Victorian presiding judge Susan Wakeling said Justice Geason grabbed the woman, shook her, punched her in the chest and pushed her, causing her to fall backwards and hit her head.

A man in a blue coat walking behind a man in a brown coat and scarf, with a stone building behind them.

Judge Geason with Solicitor General Tom Percy KC. They questioned the victim’s alcohol consumption and ability to recall the events. (ABC News: Ebony ten Broeke)

He was also found to have subjected the woman to emotional abuse or intimidation on 13 occasions over a seven-month period.

Judge Wakeling described Judge Geason’s evidence as “contrived and implausible”.

A police domestic violence order remains in force, prohibiting him from contacting the victim, whose identity has been suppressed by the court.

The Labor Party calls on the judge to resign

Labor leader Dean Winter called on Judge Geason to resign following his guilty verdict.

A man in a blue suit and red tie is talking

Labor leader Dean Winter questions why the government has waited so long to introduce legislation on judicial commissions. (ABC News: Jasmine Snow)

“Judge Geason should resign immediately,” Winter said.

“If he does not resign, the Prime Minister must take immediate action so that we can remove him from this role.”

The government is working on a bill enabling the creation of judicial commissions in Tasmania to deal with complaints against judges.

It includes a provision for a judge to be suspended if he is charged with an offense punishable by 12 months in prison or more – which fits the assault charge.

A man in a suit speaks in front of a large group

Premier Jeremy Rockliff says the legislation will be debated further this week. (ABC News: Ebony ten Broeke)

Premier Jeremy Rockliff said debate on the bill would continue today.

“The case is still ongoing, I don’t want to politicize the judiciary,” he said.

“We have legislation in parliament. Only parliament can dismiss a judge.”

On Wednesday afternoon, Attorney General Guy Barnett issued a statement saying he had reviewed Justice of the Peace Wakeling’s decision.

“I also received advice from the Director of Public Prosecutions. Until Judge Geason is sentenced, the proceedings are not over,” Barnett said.

“Public commentary on this case prior to sentencing, including political commentary, has the potential to harm this process.

“Accordingly, it is not appropriate to provide further comment at this time.”

The government is in a difficult situation without changing the law

In December, the government found itself in difficult legal territory when it announced it would file a motion to suspend Judge Geason following his indictment.

Barnett planned to use the 1857 Act, which appeared to allow the removal of a judge based on the address of both houses of Parliament, before the plan was rejected.

Anne Twomey gives evidence at a parliamentary hearing

Professor Anne Twomey says the Tasmanian government could become embroiled in litigation if it tried to remove Justice Geason using colonial-era laws. (ABC News: David Sciasci)

Constitutional law expert Anne Twomey said the law did not actually authorize the Houses of Parliament to make an address, instead relying on British legislation dating back to the 18th century.

She said it would likely have been challenged by Judge Geason if his case was still in the appeal period.

“If I were the Tasmanian government I would be very careful about this because the last thing you want to do is get into litigation over this,” Professor Twomey said.

“But you don’t want someone on your Supreme Court who is currently convicted in a criminal case.

“So you can see the dilemma the government is facing.”

The judiciary committee’s bill could pass the lower house this week before it can be debated in the upper house, potentially by the end of the year.