Perth magistrate taken off Carabooda case

A Perth magistrate has been taken off a case because she Googled information about it during a trial.

Magistrate Barbara Lane was hearing the matter in Joondalup Magistrates Court in August last year, which involved the operators of a Carabooda market garden accused of housing itinerant or seasonal labourers in sheds and outbuildings on their property without council approval.

The operators denied any wrongdoing.

The trial was set down for two days but was twice adjourned to resume in Perth Magistrates Court.

When it began again in June this year, Ms Lane asked whether the accused ran West Australian companies, adding that she had "Googled them".

Their lawyer objected and a order was made to review the matter in the West Australian Supreme Court.

On Thursday, Justice Eric Heenan ruled there had been a breach of procedural fairness.

"There was no opportunity for the applicants to be informed adequately or at all of the full extent of any enquiries made by her Honour or to adduce evidence or submissions in response to potentially adverse material," he said.

"The court should order that the learned magistrate be prohibited from continuing with the trial of these seven charges.

"It follows that there should be an ancillary order that there should be a retrial of these charges in the Magistrates Court on a date to be fixed before a different magistrate."

Court officials have confirmed Magistrate Lane tendered her resignation before Thursday's judgement.

Her resignation takes effect on December 29, when she turns 60.