CONVICTION QUASHED BUT STILL BEING PUNISHED

Former magistrate Michael Frederick allegedly was told he would be suspended immediately if he did not resign from his position after being found guilty of sexual misconduct. Court documents reveal Chief Magistrate Kelvyn Prescott allegedly gave Mr Frederick the ultimatum minutes after his conviction, telling him his position was "no longer tenable". Mr Prescott allegedly told Mr Frederick he had to resign immediately and that "if you do not resign you will be suspended from office as a magistrate immediately".

The circumstances of Mr Frederick's resignation are detailed in a statement of claim lodged in the Supreme Court. Mr Frederick, 58, is seeking an injunction in the Supreme Court to have his "forced" resignation declared invalid. Besides his reappointment to the $198,000 a year position, he also is seeking damages for loss of income and for damage to his reputation. The Supreme Court action follows failed negotiations between Mr Frederick's lawyers and the Crown Solicitor.

Mr Frederick contends he was forced to resign on August 10 last year minutes after being found guilty of sexual misconduct with a 15-year-old girl in 1983. While Mr Frederick was found guilty of two offences, he was acquitted of another three and had intended to appeal immediately. A month later, he was sentenced to three years' jail but was in custody for less than eight hours. He was granted bail pending an appeal against the conviction.

In December, the Court of Criminal Appeal ruled there was "a real risk of a miscarriage of justice" in his conviction because two key pieces of evidence were contradictory. In February, the office of Director of Public Prosecutions decided not to retry Mr Frederick.

The statement of claim lodged in the Supreme Court alleges Mr Prescott demanded Mr Frederick's resignation while he was "overwhelmed with shock and despair following the jury verdict". The claim states Mr Prescott produced a typed letter of resignation and requested that Mr Frederick sign it. "The plaintiff in a state of complete emotional turmoil and confusion signed the letter of resignation," it states.

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