Three Turnbull government ministers who criticised Victorian judges over terror sentencing won't apologise for their comments, but they are trying to withdraw them.
Health Minister Greg Hunt, Human Services Minister Alan Tudge and Assistant Treasurer Michael Sukkar sent unsolicited emails to a journalist at The Australian, criticising the judges as out of touch over terror sentencing.
The trio was ordered to appear at the Victorian Supreme Court on Friday to explain why they shouldn't be charged with contempt over their comments in the front-page article about a terrorist's appeal hearing.
Commonwealth Solicitor-General Stephen Donaghue on Friday initially said the MPs - who were not in court - regretted their language but stood by their comments.
That soon changed.
Mr Donaghue said his position had "evolved" and the ministers now withdrew the comments they had made on the public record - but they would not apologise for them.
When asked why they would not apologise, media advisers for Mr Hunt, Mr Tudge and Mr Sukkar told AAP the men were no longer commenting on the case as it was before the courts.
Chief Justice Marilyn Warren said the article contained a connotation that some judges were corrupt because they came to the hearing with an already formed intellectual view.
"The court is concerned that some of the statements purported to scandalise the court," she said on Friday.
Justice Warren was concerned the ministers' statements tried to influence decisions and undermine public confidence in the administration of justice, considering the court's decisions in two pending terror sentence appeals.
Mr Donaghue said the MPs did not intend to influence the court nor undermine public confidence in the judiciary.
But Justice Stephen Kaye slammed the MPs' ignorance of the separation of powers between the government and judiciary.
"That disturbs me greatly, not only as a judge of this court but as a member of our nation," he said.
Barrister Robert Richter QC, who is defending a terrorist in one of the appeals, said the comments were "calculated to intimidate the court".
"It was an outrageous attack on members of the judiciary by men who should know better because they're lawyers," he said.
The Australian newspaper offered a "full and sincere" apology if it caused any offence.
William Houghton QC, representing publisher Nationwide News, said the newspaper didn't have a journalist in court for last week's Commonwealth appeal hearings referred to in the article.
The Australian relied on an ABC report of the hearings.
Mr Houghton said each of the three MPs had sent unsolicited emails to The Australian's reporter on Monday, with a statement in response to the ABC report.
He said it was accepted the matter was still before the court when the ministers' statements were made, but a reasonable reader understood the court would make decisions only according to law.
He urged the judges: "Don't shoot the messenger", prompting Justice Warren to reply the matter was serious and not one to be joked about.
The court reserved judgment on whether to prosecute for contempt of court.
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