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Dylan Voller's civil suit judge steps down

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October 12, 2017

A second judge may be recused as Dylan Voller sues the NT government over his alleged mistreatment.

The judge in the civil lawsuit of former Northern Territory youth criminal Dylan Voller has recused herself, and there's been an application for her replacement to do so too.

Ex Don Dale Detention Centre detainees Dylan Voller, 20, and Jake Roper are suing the NT government over their alleged mistreatment in August 2014 when they and four other boys were tear gassed.

Justice Judith Kelly, who in March ruled in a separate civil lawsuit brought by the four boys that the use of gas was both "reasonable and necessary", has recused herself from Voller and Roper's case.

On Thursday in the Supreme Court, Voller's lawyer made an application for her replacement, Justice Peter Barr, to also recuse himself over his findings in the appeal of a former guard who was acquitted for assaulting Voller in 2010 when he was a 13-year-old.

Voller - who was notoriously spit hooded and shackled to a restraint chair - is the 20-year-old at the centre of the NT's royal commission into juvenile justice.

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