MAGISTRATE Michael Allen yesterday denied his former political dealings with solicitor Michael Madden was grounds to disqualify him from presiding over Fiona Rossiter’s application for a personal violence order against Cyril Smith and Brian Wood.
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As the hearing resumed in Bathurst Local Court, Ms Rossiter’s barrister Sophie Walsh said she had put in several requests to Mr Madden’s office for him to declare any conflict of interest, but had received no reply.
She had been instructed to raise the potential conflict of interest by her client Ms Rossiter, while she also mentioned her expenses in the case were mounting.
“I have had to fly up from Sydney on each occasion,” Ms Walsh said.
“We have already had two days part-heard and have two days set down and there are six witnesses.”
Mr Allen questioned Ms Walsh’s motives in raising the issue saying it was an oversight that he did not raise the issue at the start of the hearing.
He said he had assumed his former political connection to Mr Madden, when he stood as a Labor candidate for the federal seat of Calare six years ago, was common knowledge.
Mr Allen asked Ms Walsh if she intended to make a formal objection to the court to which she replied she would not make a formal objection.
Before the hearing proceeded, Mr Madden stood and told the court that presenting cases before Mr Allen was nothing new for him.
“I have been involved with around 100 cases over four years before Mr Allen,” he said.
The hearing is expected to conclude today.
