Queensland bar president Peter Davis resigns citing lack of integrity in the process surrounding the appointment of Tim Carmody as CJ ... Carmody seeking support from the judges ... Bar threatened and confidences leaked
Davis: government not to be trusted
THERE are testing time for those who ply their trade in Queensland's engine room of the law.
Bar president Peter Davis has today resigned, citing as his reason the inappropriate process that accompanied the appointment of chief magistrate Tim Carmody as chief justice.
See: Davis' letter to the bar
Davis cites two circumstances which he sees as corrupting the process: betrayal of confidences by the Conveyancer General and threats against the bar if they don't play along with the government.
Details of the confidential meeting he had with the Conveyancer General and one of the CG's staff, at which the possible appointment of Carmody was discussed, were leaked by the CG's office.
"By Friday morning (6 June), news was filtering back to me from various sources, including details of what I had discussed with the Attorney-General on Tuesday. Some of that information could only have come from a participant in the meeting. Some of the information was a distortion of what had been said."
The bar council met and decided that Davis should write to the CG and set the record straight.
Davis said that letter "did not urge the appointment of Judge Carmody".
Davis gave some details of communications between barrister Ryan Haddrick and bar council member Mark Plunkett.
Haddrick is in the chambers where Carmody used to be a member. He is a pal of Carmody and the Conveyancer General.
Haddrick texted to Plunkett, that in relation to Carmody's prospective appointment:
"Common sense needs to prevail. There are two more Supreme Court appointments, three District appointments and about five Magistrates to go this term. I want some of them to be barristers!! and not solicitors!!!"
In other words, the bar shouldn't make waves about Carmody as CJ.
Next, according to Davis' letter of resignation, Haddrick told Plunkett that the statutory power of the bar association to issue practising certificates could be removed.
The conveyancer general's office later denied that this was contemplated and that it had not been authorised by the government.
You can see Haddrick in action here ...
Davis also said that when he spoke to Carmody, it was clear the chief magistrate had been told the substance of his confidential conversations with the Conveyancer General.
Davis added:
"The government has said that they consulted widely on the appointment. My sense though is that there was little, if any, support for the appointment within the legal profession and little, or none, within the ranks of sitting Supreme Court judges. Senior figures warned against the appointment and some have spoken out against it since its announcement.
[snip]
As I have no faith in the integrity of the process, I cannot engage further in it. I have concluded, with great regret and sadness, that I ought not continue to hold the office of President.I have been honoured to lead you."
Davis also got burnt late last year when the CG said that the bar had helped him find ways to make it harder to release dangerous prisoners.
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The situation in Brisbane is now alive with possibility.
Tonight (June 13) former solicitor general Walter Sofronoff will be on the Queensland edition of ABC TV's 7.30, urging Carmody to abandon his ambition and withdraw his availability for the chief justiceship.
Carmody has been trawling Supreme Court judges for support, and has not been given the time of day.
He is soiled goods and cannot possibly function as an effective CJ of Qld. He is without the support of a clear majority of the judges and the bar.
Davis has been inundated with messages of support for his resignation and his explanation.
One senior barrister told Justinian:
"He has resigned as an act of courage. His resignation is his public acknowledgement of his error in dealing with this government and a statement that it is not possible for a decent person to deal with them honourably and faithfully.
He realises that you cannot deal with them and that he cannot stay in an office in which he would be asked to do so.
He has done the right thing at great personal risk."
* * *
Newman and Carmody: at the "launch of the Chief Justice"
Carmody now has to consider whether he can actually function as chief justice of Queensland.
The CJ-in-Waiting told Radio National today that he didn't want his family opening the newspapers and reading all these complaints about him.
If people have objections they should write to him and he'll respond. But, it shouldn't be in the newspapers.
If Timbo makes it to the top job we're going to see a lot more from cuckoo land.
Campbell Newman and Jiving Jarrod Bleijie are ideological zealots. They care little about any damage they are inflicting on the Supreme Court. Power is there to be jammed down people's throats.
See: Timbo on top
Also: Carmody rising