Correspondence between former Queensland police officer and former chief magistrate Chief Justice Tim Carmody, the President of the Court Of Appeal Justice Margaret McMurdo, Justice Hugh Fraser and others clearly demonstrates that an unwise political decision on the part of then Liberal National Party Premier Campbell Newman in 2014 will not be easily rectified.
Scroll to the end for the first email in the chain, dated 17 April 2015.
Correspondence between Queensland Chief Justice Tim Carmody, the President of the Court Of Appeal and other...
BACKGROUND
ABC News 9 May 2015:
Timeline
of controversies surrounding Chief Justice Tim Carmody:
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|
Nov 2013
|
Angered the
legal profession by issuing a directive that all disputed bail
applications made by alleged bikies be dealt with in one court room. That
meant he would, most likely, be presiding over the controversial cases.
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June 2013
|
Selected as
chief justice despite never having sat on the Supreme Court, and after only
nine months in the chief magistrate's job. Chosen over long-serving judges.
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Jan 2014
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Told newly
appointed magistrates not to "meddle" with the controversial bikie
laws.
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June 2014
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Bar
Association President Peter Davis quits over appointment.
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June 2014
|
Former
Supreme Court judge Richard Chesterman QC and corruption fighter Tony
Fitzgerald criticise appointment. Mr Sofronoff claimed Justice Carmody was
too close to former Liberal National Party government. "His impartiality
as between citizen and government has been called into question".
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July 2014
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Sworn in as Chief Justice behind closed doors, as
controversy raged about his suitability for the job.
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April 15, 2015
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Met child protection advocate Hetty Johnston while
still deliberating on whether Daniel Morcombe's accused killer should have
his conviction overturned.
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April 17
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Court of Appeal President Margaret McMurdo raises issues of bias because of the meeting.
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April 22
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Justice Carmody responds that any suggestion of bias is
"unsupported by precedent and utterly preposterous". Says it is
"alarming" Justice McMurdo's associate investigates Ms Johnstone's
comments over Cowan.
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April 23
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Justice McMurdo says "I cannot sit with him again
on any Court".
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April 29
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It is revealed Justice Carmody did not read Justice
McMurdo or Justice Fraser's draft judgements on Cowan appeal, despite being
circulated in February.
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May 7
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Justice Carmody withdraws from Cowan appeal
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Queensland
Council for Civil Liberties vice-president Terry O'Gorman has also weighed in,
calling on the Chief Justice to resolve the dispute.
"To have
a Chief Justice make so many mistakes goes back to the fundamental issue of the
botched appointment," he said.
"The
Chief Justice has the problem, the Chief Justice has to solve the
problem.
"The
fact is the Chief Justice said a couple of months ago that if his occupying the
position of Chief Justice made the position of the Supreme Court untenable ...
he would resign, the position is becoming increasing untenable.
"There
are so many problems with the ongoing occupancy by Justice Carmody of the
position of Chief Justice that this stalemate has to come to an end, this
crisis has to be addressed. He is the only one who can address it."
Justice
Carmody enjoyed a meteoric rise under the former Liberal National Party
government and was promoted from Chief Magistrate, after a nine-month stint,
despite never serving on the Supreme Court.
Leaders in
the judiciary, including Justice Wilson, have publicly turned
on him and questioned if he was ready for the top job or had enough peer
support.
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