The husband of Esperance fraud-accused Sarah Jayne Kelly, 30, purportedly made death threats aimed towards the presiding District Court judge after her July 31 court appearance in Perth.
Judge Laurie Levy called a hearing with the prosecution and Ms Kelly’s defence yesterday morning to consider whether he should recuse himself from the case following the threats.
A transcript from court stated that Jacob Kelly, 30, threatened Judge Laurie Levy through a phone call to his wife in prison, which began with a standard warning that the call would be recorded.
“I have to work it out. Every time you come to court, he comes up with something he’s hell-bent on,” Mr Kelly allegedly said.
“I told [name] that unless he lets you out, I’ll get some mates to do stuff to him.”
The transcript stated Ms Kelly responded “don’t” before Mr Kelly said: “I’m not going to.”
Judge Levy told the court he wanted to make it clear that Mr Kelly seemed to be driving the phone conversation, not Ms Kelly.
Judge Levy said the court received an email purportedly sent by Mr Kelly on August 6, in which he apologised for what he said on the phone about how he would “get two friends to take [him] out.”
Judge Levy said almost exactly an hour later, he purportedly contacted the court stating he wanted his email and letter from that morning recalled before it got to the judge, but Judge Levy said he had already read it.
During the hearing, Judge Levy said the letter was relevant because it clarified the nature of the alleged threat.
“If there was any ambiguity, ambiguity is gone, because the [purported] threat is, in the fact, a threat to kill me,” Judge Levy said.
According to detectives, Mr Kelly now resides in Perth with the couple’s four children.
In February, detectives said he fled to the Eastern states with Ms Kelly and the family just before Ms Kelly was due to face court in Esperance on charges of reckless conduct that may have caused suffering to a child in her care.
Ms Kelly allegedly concocted elaborate scams by portraying herself and her children as victims of severe illnesses and disorders to gather funds and assets.
Detectives said one of her children had a feeding tube in their mouth for a year before it was removed by doctors because “nothing was wrong”.
Ms Kelly was extradited from NSW to Perth in April, facing an additional charge of non-appearance in court.
She has fronted Judge Levy at Perth District Court on several occasions since then and has been refused bail.
In court, Judge Levy raised concerns he had regarding his position as judge for the case after the alleged threats.
Ms Kelly’s defence lawyer said their position on his legal capacity to judge the case had not changed.
“We see that given the complexity of the matter, given the multifaceted nature of the risks involved not only to these children but to my client, that it is in the interest of justice for her to maintain continuity with reference to who is judging her case,” the defence said.
The State held their opinion on the matter but said they expected their position, that he presides over the case, would remain the same.
