- by foxnews
- 28 Nov 2024
Federal circuit court judge Salvatore Vasta is being sued for his handling of a routine property settlement case in 2018, during which he jailed a man for contempt.
Sitting judges are generally protected by the doctrine of judicial immunity, making such cases extremely rare.
In December 2018, wrongly believing that another judge had found Stradford guilty of contempt, Vasta sentenced him to 12 months jail, to serve six.
He said judicial immunity did not apply to Vasta, because, as an inferior court judge, he exceeded his jurisdiction.
The court heard Stradford endured a torrid time in detention, both in a watch house and a correctional centre. Psychiatric experts said it caused him post-traumatic stress disorder and a depressive condition, which has significantly affected his ability to work.
He is suing Vasta for aggravated damages.
The commonwealth and the state of Queensland are also being sued for their part in the imprisonment.
Stradford was then released. The order was overturned on appeal.
The hearing continues in the federal court before Justice Michael Wigney.
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