Carmody withdraws from Cowan appeal

Queensland's top judge has confirmed his decision to withdraw from the appeal of Daniel Morcombe's killer by signing court documents.

Tim Carmody.

Queensland Chief Justice Tim Carmody is to return from taking time off for a back problem. (AAP)

Embattled Queensland chief justice Tim Carmody has formally confirmed his decision to remove himself from hearing an appeal by Daniel Morcombe's killer.

Mr Carmody stood down from the high profile matter of Brett Peter Cowan earlier this month after a special court hearing raised the issue of perceived bias.

This came after he informed defence and prosecution lawyers that he had met with child protection advocate Hetty Johnston.

Cowan's barrister argued that the meeting, which was publicly declared and attended by a third party, could lead people to believe he was biased against the convicted killer.

But before the application proceeded, Mr Carmody stood down himself.

"I, the Honourable Tim Carmody, Chief Justice of Queensland, certify under s31(2) of the Supreme Court of Queensland Act 1991 that I am incapable of sitting in these appeals in light of my recusal of 7 May 2015," a court document signed by Mr Carmody on Monday reads.

The chief justice has also taken a month of sick leave citing a back problem.

He has weathered heavy criticism from his most senior colleagues for what they consider to be various missteps including court of appeal president Margaret McMurdo, who refused to sit in the same court as him.

In the latest example of judicial hostility, Justice John Byrne is said to have used his phone to record Mr Carmody referring to colleagues as "scum".

Despite the ongoing controversy, Mr Carmody last week indicated he would complete his full term as chief justice.


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Source: AAP


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