Top Qld judge denies bias against Cowan

Lawyers for the man who killed Queensland schoolboy Daniel Morcombe claim the chief justice's actions led to the perception of bias.

Queensland's chief justice insists he has no bias against Daniel Morcombe's killer despite holding meetings with a prominent child protection advocate.

Lawyers for Brett Peter Cowan, 44, are preparing to file an application to have Chief Justice Tim Carmody disqualified from hearing his appeal, citing a possible perception of bias.

Mr Carmody this month met with Bravehearts founder Hetty Johnston - an appointment he says that was publicly declared on his calendar and attended by an independent third party.

The meeting was to discuss "an information solution system for reducing administrative expenses and burdens associated with child protection matters" relating to the 2013 Child Protection Inquiry report, he told the Supreme Court on Friday.

Cowan's defence counsel then demanded more information, which was refused.

Mr Carmody insisted it was standard practice to meet with community leaders, "even if they possess a general intellectual or emotional interest in a matter before the court, or its outcome".

"None of these meetings impede my neutrality or impartial discharge of my judicial function," he said.

"Ms Johnston and I do not have a relevant, close and continuing relationship that would impact on the impartiality of my decisions or processes."

But Cowan's barrister Peter Davis said later emails exchanged between the pair, in which she referred to him as "Tim" and included a smiley face, showed they were close.

"That's my name, Mr Davis," Mr Carmody replied.

"It doesn't matter if I'm the chief justice or the chief street sweeper, that's still my name."

Mr Davis said the interest of Bravehearts was directly contrary to those of Cowan.

"It's not suggested for a moment that Bravehearts is a dubious organisation, however it's a lobby group and Mr Cowan is someone who has been directly targeted by that very lobby group," Mr Davis said.

Mr Davis noted Ms Johnston had also been a supporter of Mr Carmody's in the face of criticism over his "controversial" appointment.

Director of Public Prosecutions Tony Moynihan said the situation was unprecedented and there should be no "next step" until the application is actually filed.

Cowan was last year sentenced to life behind bars with a non-parole period of 20 years.

The attorney-general is appealing the sentence on the basis it was inadequate, while Cowan's legal team has also mounted an appeal.


Share

3 min read

Published

Updated

Source: AAP


Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world