The Judicial Commission of Victoria (the Commission) received a complaint from the Shadow Attorney General, The Hon Edward O’Donohue MLC, regarding Magistrate Rodney Higgins (the Officer) in October 2019.
In accordance with the Judicial Commission of Victoria Act 2016 the Commission carefully considered the complaint and dismissed it in its entirety.
The complaint contained three allegations:
Outcome – allegation one
That the Officer lacked judicial independence in relation to his decision-making during his relationship with a court clerk, based on media reports.
Since the time of the complaint the clerk has passed away. The Commission found that on the material available to it, there was no other information to support the allegation.
The Commission dismissed this part of the complaint on the grounds it was not substantiated.
Outcome – allegation two
Relates to alcohol consumption and refers to one time alleged to have occurred at Crown Casino.
The Commission asked