SouthAussie
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In criminal cases the standard of proof is boyond reasonable doubt. However, in civil cased the standard of proof is on the balance of probabilities.
The judge's comment about the alleged abuse couldn't have been in a criminal trial. My guess is that it was a Family Court custody matter where the judge has to make decisions based on all the evidence. If a party makes allegations about another party, the judge would have to assess which version he believes for each allegation.
The judge also has to make findings on credibility, so it is not just a factual finding, but the comments by the judge do seem a bit extreme.
We all need to remember though that we don't know what the judge actually said. We are just relying on a journalist's interpretation and the comments could have been taken completely out of context.
Aren't Family Court matters non-media-reportable .... unless they are about fugitive parents?
Oops, sorry Makara ... just saw your post.