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Judicial council wonSA国际影视传媒檛 pursue complaints against judge who resigned

The proceedings against former NWT territorial court judge Donovan Molloy are over, as a five-person panel has ruled that the judicial council SA国际影视传媒渄oes not have jurisdiction to hear, or continue to hear, complaints about former territorial court judges.SA国际影视传媒
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SA国际影视传媒淲e conclude the judicial council does not have jurisdiction to continue hearing the complaint against (former judge Donovan) Molloy,SA国际影视传媒 a panel of judicial council members and judges has determined. The Canadian Press/Emily Blake file photo

The proceedings against former NWT territorial court judge Donovan Molloy are over, as a five-person panel has ruled that the judicial council SA国际影视传媒渄oes not have jurisdiction to hear, or continue to hear, complaints about former territorial court judges.SA国际影视传媒

The panel was composed of judicial council members and territorial court judges, including Karan Shaner, Jack Watson, Sheldon Toner, Colin Baile and Patrick Scott.

They revealed their decision on Nov. 3.

Molloy announced his resignation from his post as a territorial court judge on July 23. His resignation became official the following morning, when it was accepted by the commissioner in executive council.

At the time he vacated the position, Molloy was the subject of complaints alleging 13 separate incidents spanning three years. Those incidents are outlined in a the panelSA国际影视传媒檚 reasons for decisions document.

In one instance, it is alleged that Molloy referred to an accused individual, who did not have legal representation in the courtroom, as SA国际影视传媒渙ne of those morons,SA国际影视传媒 and suggested that the man SA国际影视传媒済et a lawyer and not an astrophysicist.SA国际影视传媒

In another episode, itSA国际影视传媒檚 alleged that that Molloy SA国际影视传媒渋mproperly pressured Crown counsel to ignore guidelines issued by the director of public prosecutions.SA国际影视传媒

In a third, itSA国际影视传媒檚 alleged he SA国际影视传媒渞efused Crown counsel permission to appear in court by telephone, contrary to the Covid-19 practice directivesSA国际影视传媒 at the time.

In other incidents, it is alleged that Molloy was responsible for SA国际影视传媒渄emeaning treatment,SA国际影视传媒 SA国际影视传媒渋nappropriate commentsSA国际影视传媒 and a threat to report Crown counsel to the law society.

The document contends that, in all 13 incidents, Molloy acted in a way that was SA国际影视传媒渃ontrary to his commitment to perform his role in such a manner as to maintain the confidence of the public in the administration of justice.SA国际影视传媒

A hearing into the complaint against Molloy was slated to begin on July 24, the day his resignation became official. When he stepped down, it created two issues, according to the panelSA国际影视传媒檚 reasons for decision.

The first was whether the judicial council has jurisdiction to review the conduct of a former judge. If the answer to that question was yes, a second question would arise: whether the proceedings should be abandoned because the judicial council would not have any real options in terms of disciplining a former judge.

In the end, the panel found that the answer to the first question is no.

SA国际影视传媒淲e conclude the judicial council does not have jurisdiction to continue hearing the complaint against Molloy,SA国际影视传媒 the reasons for decision explained. SA国际影视传媒淚n reaching this conclusion, we are mindful the complaint against Molloy has attracted significant publicity. Moreover, it has been a very long and difficult experience for all involved. The lack of a definitive resolution makes it even more so. Accordingly, we order the complaint proceedings against Donovan Molloy be discontinued.SA国际影视传媒

Since resigning, Molloy has left the NWT and now lives in eastern Canada.



About the Author: Tom Taylor

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