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Sprang to the Defence of Carmody's Appointment

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Sprang to the Defence of Carmody's Appointment Learned critics need to pause to rethink attack The Courier - Mail [Brisbane, Qld] 20 June 2014: 30. Abstract (summary) Queensland is long past that time, making it hard to fathom the destructive tactics being used now by some members of the judiciary and the Bar. Since the announcement a week ago that Chief Magistrate Tim Carmody would become our new Chief Justice, there has been a campaign of guerilla warfare verging on judicial vandalism aimed at discrediting Mr Carmody. Full Text OUR legal system is built on public trust. That trust dictates that every person, in the eyes of the law, is equal. All are entitled to their day in court, where judicial officers will apply the laws of the land - which are set by the parliament and the executive government of the day - without fear, favour or prejudice. Faith in the impartiality and independence of our judicial system though is a fragile thing, something which can be undermined by perceptions of political interference and dysfunction. This was, arguably, the case during the darker days of the Bjelke-Petersen era, when executive government tended to view the courts and police as tools for a political end. Queensland is long past that time, making it hard to fathom the destructive tactics being used now by some members of the judiciary and the Bar. Since the announcement a week ago that Chief Magistrate Tim Carmody would become our new Chief Justice, there has been a campaign of guerilla warfare verging on judicial vandalism aimed at discrediting Mr Carmody. The anti- Carmody crusade has been led largely from within the legal fraternity, with the latest critic being soon-to-retire Court of Appeal judge Justice John Muir, who said Mr Carmody lacked the support of his peers. "I would hope that because of the unfortunate way in which this saga has unfolded, the obvious lack of support for the Chief Magistrate's elevation to the office of Chief Justice of Queensland ... the Chief Magistrate will see that the only appropriate course is for him to withdraw," he said. "To take this course will require courage, but I do not apprehend that this is a quality the Chief Magistrate lacks." Justice Muir and his fellow bomb-throwers from inside and outside the judiciary appear to be having an irony and self-awareness bypass. Principal to their critique of Mr Carmody - beyond private boys' club complaints about seniority - is that he is politically tainted for instructing his magistrates to enforce the letter of laws that the Newman Government passed, notably in respect to outlaw motorcycle gangs. Independent MP Peter Wellington, for example, has labelled Mr Carmody a "puppet" prepared to do the Government's bidding. As Chief Magistrate, Mr Carmody is charged with administering the law of the land, regardless of personal views. But in the debate so far it would seem to be Mr Carmody's critics who have displayed far more in the way of personal bias - and indeed internecine politics - than the man they are attacking for trying to do his job. Like so many other public offices, the appointment to Chief Justice is one made by the government of the day. These appointments, be they to bodies that operate independently of executive government's direct management such as that of Police Commissioner, or more mundane hirings of departmental heads and members of statutory boards, are a decision for elected politicians, based on consultation, departmental advice and feedback from key players. The government of the day does not conduct a popularity poll before suggesting to the Crown who should be appointed the next governor of Queensland. Nor does it ballot employees in the public service to decide who it may appoint the next director-general of Health. No employer, state or private, extends the right of final veto to employees when deciding on senior appointments. And this is what, in effect, disaffected members of the Queensland judiciary are demanding. If Justice Muir and his fellow malcontents are suggesting that Mr Carmody's appointment will undermine confidence in the judiciary, then they should pause to ponder the effect of their own destructive politics. When the initial furore over Mr Carmody's directives over bikie bail applications erupted late last year, Opposition Leader Annastacia Palaszczuk got it right in refusing to support calls for his resignation: "I don't want to reflect on the Chief Magistrate, that's not the right thing to do, that's not the job of politicians." Nor is it the job of other judicial officers, whose carping only serves to undermine public trust. Enough. Responsibility for election comment is taken by Christopher Dore, corner of Mayne & Campbell St, Bowen Hills, Qld 4006. Printed and published by NEWSQUEENSLAND. (ACN 009 778). A full list of our editors and journalists, with contact details, is available atcouriermail.com.au/news/opinion/ourstaff Word count: 717 (c)News Limited Australia. All rights reserved. .
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