Complaints were made to the commission relating to Magistrate Wallington’s conduct throughout the proceedings and included allegations that her delivery and content of the reasons for the dismissal decision were inappropriate.

Following a review of transcripts, audio recordings and written material, the Judicial Commission found that while there were some “robust exchanges” with counsel, the magistrate’s tone and demeanour was courteous and at no point inappropriate. There was also no evidence that she was biased against the witnesses.

Referring to her interactions with the witnesses, the commission clarified that there are specific legislative requirements for judicial officers to observe in proceedings involving sexual assault allegations. In light of those obligations, “the officer’s interactions with the witnesses were consistent with those requirements”.

As for the issue of Magistrate Wallington’s delivery of the reasons, the commission found “the manner in which the officer delivered and expressed her reasons for decision are within the standards of acceptable judicial conduct”.