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Simon Mitchell Cooper, 56, pleaded guilty to seven charges of indecent assault. Source: HeraldSun |
A VICTORIAN magistrate who sexually assaulted two teenage brothers is officially quitting his post at the bench after confessing to the crimes in court today, it is believed.
Simon Mitchell Cooper, 56, today pleaded guilty to seven charges of indecent assault committed against the two teens in the 1980s.It is understood he is handing in his letter of resignation to the Governor of Victoria, Alex Chernov, this afternoon.
The former crown prosecutor, appointed as a magistrate in February 2012, was suspended in January after he was charged with sex offences against two males, to which he pleaded guilty today.
Court documents revealed Cooper once penned a love letter and left it on a teen boy's HSC homework at his family home in the mid-1980s.
The man, who cannot be identified, said in a statement the "quite engaging and posh" Cooper - then a barrister in his late 20s - left him a note hand-written note that read: "I love you with all my heart, please f--- me at your earliest convenience."
"The letter wasn't signed, but I knew the handwriting as well as my own," he said.
The man said Cooper, a former crown prosecutor, admitted to authoring the note after being confronted by the man's father.
His brother, two years his senior, said in a statement tendered to the court that he found a stack of diaries at Cooper's home written in code, which he believed referred to meetings and relationships with other males while he was at school or university.
He said Cooper would sneak into his room and touch him "almost on a daily basis".
Cooper tried to penetrate the boy on occasions, including after he plied him with alcohol until he had passed out and during a threesome with Cooper's then girlfriend, court documents state.
He said the next day Cooper would act as if nothing happened.
Both complainants described Cooper as being like part of the family and overly affectionate, often touching and grabbing them.
At times he would walk from the shower and drop his towel, exposing his genitals, or would swim naked in front of the boys, their statements said.
"He would always have an excuse like he'd forgotten his bathers or things like that," one man said.
The younger of the brothers, who was 12 when he met Cooper, said Cooper would often sleep on a trundle bed in his room and would moan and groan and mention his name while pretending to be asleep, sometimes reaching up and touching him under the doona.
He said in 1986, he pushed Cooper, who was thrusting against him, against a wardrobe and told his parents to "get that sick f--- out of the house".
The older boy said he had seen Cooper on only a few occasions - including at Cooper's 1989 wedding - since he ran from his house after he tried to have sex with him in the mid-80s.
The man said he was encouraged to contact police after a discussion with his father in mid-2011.
Cooper was charged and bailed on January 16 this year after police executed search warrants at his Brighton home and his office at the Melbourne Magistrates' Court complex.
He was stood down from the bench until the charges were resolved.
In April, Cooper's bail conditions - which prohibit him from travelling overseas - were varied so he could enjoy a mid-year jaunt to the United Kingdom with his wife and two adult children.
The recently returned Cooper told NSW magistrate Ian Guy - who was presiding over the matter to ensure impartiality - he was guilty of the offences at the beginning of his committal hearing today at Melbourne Magistrates' Court.
"Your Honour, in relation to charges two, three, five, six, seven, ten and eleven, I plead guilty," Cooper said.
Two charges of indecent assault and three charges of attempted rape were withdrawn.
His wife held his hand throughout the brief hearing.
Prosecutor James Pearce, QC, of the South Australian Director of Public Prosecutions, said Cooper will appear for a mention at the County Court on September 3 and highlighted the potential need for a judge from a different jurisdiction.
"It's not for me to weigh in to that, but it does raise the question of whether a Supreme Court judge or someone from another jurisdiction is available," Mr Pearce said.
His bail was set on the same conditions.
One victim said the guilty plea was a "great victory" as he left the court.
Cooper declined to comment.
http://www.heraldsun.com.au/news/law-order/magistrate-simon-mitchell-cooper-pleads-guilty-to-sex-abuse-of-two-teenagers/story-fni0fee2-1226691969596
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