An appeal by the killer of Queensland schoolboy Daniel Morcombe is on hold with the state's embattled chief justice standing aside amid allegations of bias.
Chief Justice Tim Carmody announced he would withdraw from the three-judge panel presiding over the Court of Appeal hearing on Thursday, in a shock decision which has shone the spotlight brighter on his position.
The move came after Brett Peter Cowan's lawyers applied for his disqualification on the basis of perceived bias due to a close relationship with child protection advocate Hetty Johnston.
On Thursday, Justice Carmody said if the "absurd and extraordinary" application continues it would be an "exorbitant" waste of public time and money.
"It is in the best interests of this court and overall public confidence in the administration of justice that I withdraw instead of prolonging this bizarre sideshow," he said.
"I do so with great reluctance, a heavy heart and the deepest feeling of regret, for I do not wish to delay even further, if avoidable, justice to the Morcombes or the appellant (Cowan)."
Cowan, 45, was sentenced to life imprisonment with no parole for 20 years in March last year after a jury found him guilty of abducting and murdering 13-year-old Daniel.
His appeal, which was heard last November, will either be decided by the same panel without Justice Carmody or will be heard afresh before a new panel.
Cowan's legal team have been given until May 18 to file their view, with the possibility of an appeal judgment as early as May 26.
Justice Carmody's withdrawal is the latest development in his bitter spat with fellow Supreme Court judges, who have rallied against his controversial appointment in 2013.
Court of Appeal Justices Margaret McMurdo and Hugh Fraser first raised the issue of Justice Carmody's perceived bias.
According to the chief justice, both recently requested he disclose private correspondence with other judicial officers relating to the bias allegations.
"This absurd distraction must end," Justice Carmody said shortly before he stood down from the case.
Ms Johnston said there was no substance to claims she'd influenced the chief judge.
The Bravehearts founder said Justice Carmody had done the "honourable" thing and blamed the events on "legal infighting".
"This is a travesty, here, of justice, it's a waste of taxpayers' money, it's a legal system gone absolutely stark raving mad," she said.
"I don't understand how the legal system can let the community down so deeply."
Bruce and Denise Morcombe left the hearing early and said they were too upset to comment.
Share
