Magistrate seeks holiday permission

A VICTORIAN magistrate charged with attempted rape and indecent assault will seek permission to go on an overseas holiday with his family before the evidence of his alleged victims is tested in court.

Simon Mitchell Cooper, 55, will apply for a variation of his bail conditions – which prohibit him from travelling overseas – so he can enjoy a two-month jaunt to the United Kingdom with his wife and two adult children, the Melbourne Magistrates' Court heard today. 

Mr Cooper faces 12 charges relating to two male complainants, six of attempted rape and six of indecent assault. 

The offences allegedly occurred in 1984. 

Defence counsel Ian Hill, QC, said the charges were “not settled” and that at least one charge is likely to be amended from one offence to another. 

Mr Hill said Mr Cooper booked and paid for flights and some accommodation for his family before he was charged earlier this year.

He said Mr Cooper’s wife – who sat in court with her arms linked with her husband’s – had also arranged to take long service leave during the holiday starting in late May. 

Prosecutor Deborah Mandie said the application would be strenuously opposed “given the means of Mr Cooper and his family and certain ties we’re aware of to the international destination”. 

Mr Hill told magistrate Ian Guy – a magistrate from New South Wales who will preside over this case – that Mr Cooper would make an affidavit regarding his substantial ties to the state, his lack of priors and his willingness to report to police while overseas. 

Mr Guy extended Mr Cooper’s bail and set the start date of the two-day committal hearing as August 6, a fortnight after Mr Cooper’s intended return. 

The application for bail variation will be heard on April 24. 

Mr Cooper was charged and bailed on January 16, the day after police executed search warrants at his Brighton home and his office at the Melbourne Magistrates' Court complex.

The charges, if proven, could have ramifications for other cases decided by Mr Cooper.

At his January filing hearing defence lawyer Paul Galbally told the court Mr Cooper was not in a fit medical state to appear.

Chief Magistrate Peter Lauritsen said in a statement in January that a magistrate had been stood down after being charged with serious crimes and would not return to the bench until the charges were resolved.

Mr Cooper was appointed a magistrate last February after serving as a crown prosecutor since 1990. 

He has been a barrister since 1980.

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Child inquiry seeks wider terms

Tim Carmody is the head of Queensland's Child Protection Inquiry. Source: The Courier-Mail

THE Carmody Inquiry into Child Protection has taken an odd twist with the Commissioner sending off a letter to the Attorney-General today seeking to widen his terms of reference.

Commissioner Tim Carmody has written to Jarrod Bleijie seeking to widen the scope of the inquiry to better investigate what is broadly known as the Heiner Affair.

Mr Carmody, under section 3(E) of his terms of reference, has a duty to examine the adequacy of government responses into historic allegations of child sexual abuse in state-run youth institutions.

It's been suggested inside the inquiry that the effect of that section could stop Mr Carmody hearing evidence about the Heiner Affair.

Heiner relates to a 1989 inquiry run by now deceased magistrate Noel Heiner examining allegations of mismanagement at the old John Oxley Youth Detention Centre.

The incoming Goss Government shredded documents related to Heiner amid fears the inquiry was improperly constituted and the material could lead to defamation action.

Whistle blower Kevin Lindeberg has made allegations the material shredded contained allegations of child abuse.

But, after hearing from 135 witnesses and admitting 248 exhibits, the inquiry has heard little evidence suggesting the Heiner Inquiry related to child abuse.

That lack of evidence could effectively preclude Mr Carmody from further investigating the shredding, which the inquiry has heard may have been inappropriate or illegal.

In an apparent attempt to continue the investigation into Heiner, Mr Carmody has asked that 3 (E) be widened to allow him to look into government responses to both allegations of child abuse and industrial disputes at youth detentions centres.

The Government is yet to respond, but it is believed the request will be granted.

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