A South Australian magistrate has disqualified herself from hearing an ICAC case, after publicly expressing reservations about the agency's interview approach and whether a young woman was being "unfairly" prosecuted.
The woman has been charged with four counts of unlawfully disclosing information about an ICAC investigation.
During a hearing in the Adelaide Magistrates Court on Monday, Magistrate Jayne Basheer accepted she had made comments during previous hearings that to a lay person could be perceived as biased.
"I have no difficulty personally bringing an impartial mind to this matter because I believe that's what we do every day of our career … but it's a different matter as to how the lay person will perceive it," she said.
"Having reflected on the language that I did use … I do think it's fair to say that the comments went further than simply giving the director an invitation to reconsider.
"I do think the lay-minded observer would form the view that, firstly, I considered there to be an unfairness in the defendant being prosecuted.
"And secondly, that I had reservations about the way in which the ICAC interview was conducted and in particular the fact that on one hand, the defendant appeared to be questioned as if she appeared to be a witness in proceedings and then later in the interview the emphasis shifted to it being clearly ... that she was a suspect in the matter."
Magistrate Basheer said she made the comments in a pre-trial hearing knowing she risked being disqualified from the case.
"At the time I made the remarks I foreshadowed I believed if the matter was to continue in the future it was likely I would be required to disqualify myself," she said.
"However, at the time, I felt it important to make the point robustly and clearly to ensure that the Director [of Public Prosecutions] had that opportunity to reconsider the matter."
Previous hearing told of 'poor bunny'
Prosecutor Kos Lesses made the application for Magistrate Basheer to disqualify herself from the case, saying she had made comments in previous court hearings which reflected a "tentative view about the position and circumstances of the defendant".
The court heard comments made by Magistrate Basheer in previous hearings included: "catapulted into a particular situation through no fault of her own", "a creature of circumstance" and "a poor bunny".
"The prosecution is not submitting that it was inappropriate to invite the parties to go back and rethink the public interest," Mr Lesses told the court.
"It could have been done in a line or two without the commentary.
"We're not alleging any actual bias or prejudgement, it's all about apprehended bias and what the lay, reasonable, fair-minded observer might think in having heard those remarks.
"Some of the comments touch on the manner of the ICAC investigation and the bizarre dual circumstances."
The woman's lawyer Paul Tophill told the court he did not support the application and that "robust conversation" was important between the bar and bench.
In a statement released at the time the woman was charged in 2019, former Independent Commissioner Against Corruption Bruce Lander KC said the public officer received information about an ICAC investigation and disclosed that information to people without permission.
Outside court, a supporter of the woman ripped a phone from a reporter's hands and unsuccessfully tried to delete a video recording.
The matter returns to court in May when a new magistrate is expected to be appointed to oversee the trial.
