The Supreme Court of Victoria has found that a retired judge sexually harassed two former associates in an independent investigation headed by esteemed barrister Kate Eastman SC.
In her final report handed down to the court on Thursday, Ms Eastman found the two women experienced unwanted sexual advancements, unwelcome sexual conduct and unfavourable treatment at work because of their sex.
The retired judge is Peter Vickery QC. In a on Thursday, Mr Vickery said in part:
"I never for a second believed that anything I did may have hurt two of them. I accept that I should have been more alert to this possibility. Had I possessed sufficient awareness, without hesitation I would have altered my behaviour. I extend my sincere apologies to both for any distress unknowingly caused."
He said he maintained innocence of any wrongdoing and had fully cooperated in the investigation.
The two women were motivated to come forward with their complaints in 2020 after an independent investigation upheld the allegations of .
According to a statement from Maurice Blackburn, the law firm representing the women, Ms Eastman found "the judge sexualised poetry to one of the women, sent her renaissance art featuring a naked cherub, told her he loved her and made unwelcome sexual advances".
"Ms Eastman also found the Judge put his hand between the thighs of one of the women and on another occasion kissed her on the lips.
"The Judge kept tabs on the women after they left the Court and also contacted one of them after he learned of Ms Eastman’s investigation in August last year."
The women's lawyer, Maurice Blackburn principal Josh Bornstein, said in the statement his clients welcomed Ms Eastman's report.
“Regrettably, the legal profession is a high-risk profession when it comes to sexual harassment," Mr Bornstein said.
"A reckoning is underway and a critical part of that reckoning is confronting the truth of what has happened and ensuring that there is appropriate accountability.
The women had asked the the court to publicly name the judge, Mr Bornstein said, but the court did not agree to the request.
In a statement released on Thursday, Chief Justice of the Supreme Court of Victoria, Anne Ferguson, said she was "profoundly sorry" for the "unacceptable behaviour" that occurred.
"As I read the reports I was struck by the horrible impact of these actions, " Chief Justice Ferguson said.
"The employees experienced panic, feelings of being powerless, embarrassed, trapped, anxious, deeply uncomfortable, distressed, intimidated and fearful for their employment and future careers. The behaviour of the judge was wrong and reprehensible.
"Every person who works in and with our Court has a right to feel safe. They must be able to feel that they are respected and can trust everyone in their workplace."
But she said apologies are insufficient to tackle the toxic workplace culture that is found within judicial institutions.
After a 2021 independent review of sexual harassment in Victorian courts and tribunals, the report found that within these institutions, inappropriate behaviour was "normalised or ignored".
Chief Justice Ferguson said that all 20 recommendations in the review have been accepted, and some are already in the process of being implemented.
Mr Bornstein said claims for compensation for both women would be pursued "in due course."
One of the women no longer works in the legal profession.
