Retired magistrate Joseph Baldino made sexually explicit comments to his female clerk while watching pornographic DVDs connected with a case, a tribunal has heard. Picture: Higgs Greg Source: adelaidenow
A MAGISTRATE made sexually inappropriate comments to his female clerk while watching pornographic DVDs connected with a case, a tribunal has heard.
Joseph Baldino, who has retired from the bench, faced the Equal Opportunities Tribunal today on a complaint lodged by his former clerk, Rebecca Ramstrom.
She says Mr Baldino sexually harassed her on occasions in 2008, 2009 and 2010, with some incidents spanning months.
Mr Baldino's lawyers, however, say Ms Ramstrom's allegations breach state law.
Rebecca Ramstrom, former clerk of retired magistrate Joseph Baldino, outside court.
In her papers, Ms Ramstrom claims Mr Baldino first sexually harassed her while they were working at the Port Lincoln Magistrates Court, on circuit, in 2008.
She says the inappropriate behaviour resumed between February and March 2009.
Ms Ramstrom claims Mr Baldino "made sexually inappropriate comments while watching pornographic DVDs" that had been tendered as part of a case.
She claims there was another period of harassment between June and September 2010, causing her to write to the Courts Administration Authority on September 16 of that year.
"While in his chambers, Mr Baldino asked me if I was going on circuit with him to Port Lincoln," she wrote.
"He said `I want my clerk to be there', he said it was `probably the last circuit' (for him) and so he wanted me to be there.
"This made me scared as the last time I was in Port Lincoln I was sexually harassed for the first time.
"Despite an informal resolution approximately two years ago between myself and Mr Baldino, since June of this year I've been experiencing sexual harassment in the workplace."
Today Marie Shaw, QC, for Mr Baldino, said only the 2010 allegations could be considered by the tribunal.
She said state law required persons to lodge sexual harrassment complaints within six months of the alleged incident - meaning the 2008 and 2009 claims were "out of time".
Ms Ramstrom's lawyers, however, said their client's letter to the CAA mentioned the 2009 incidents which therefore makes all the alleged behaviour subject to inquiry.
The tribunal agreed with Mr Baldino's lawyers, saying they would only consider the 2010 allegations.
A trial on those allegations will begin tomorrow - Ms Ramstrom is seeking compensation and damages.
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