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« Brisbane seething with possibilities | Main | Adornments to the law return to the fold »
Thursday
Jun122014

Timbo on top

Tim Carmody - Queensland's top dog of justice ... Fast track to chief justiceship ... Government anoints favourite cheer leader ... Triumph of the toadies ... Pineapple Pol reports 

Carmody: winners are grinners

IN one of the most dizzying rides to the top, Queensland's chief magistrate Tim Carmody has been legged-up to Chief Justice. 

The announcement was made this afternoon (June 12) by Cardinal Can-Do Newman. 

Carmody couldn't be more pally with the boy AG, Jiving Jarrod Bliejie. There's a wonderful snip in a recent video of the two of them together chortling and guffawing at a Brisbane café. 

The announcement followed weeks of acute angst by the legal profession and some public blood letting. 

At today's announcement, which was described by the Conveyancer General's media office as the "launch of the Chief Justice", Carmody said he will run the courts effectively and provide the service the community expects.

"I've often said and I'm sure nobody will argue that I may not be the smartest lawyer in the room, and if you were in a room with me and I was the smartest lawyer it would be a good time to leave it. But there's more to being a Chief Justice than a black letter lawyer. There are plenty of them already on the Supreme Court, and I don't aspire to compete with them for intellectual rigour."

Former solicitor general Walter Sofronoff, no friend of the government, pinged Carmody as not having enough experience, being way too close to the government and lacking the respect of the legal profession. 

This brought on a volley of complaints by readers of The Bowen Hills Bugle, one of Carmody's most steadfast backers. 

Old Liberal warhorse Marshall Cooke QC was wheeled out to stick the boot into Sofronoff, but fortunately credible souls were on hand to support the Cossack, including Richard Chesterman and Tony Fitzgerald. 

In a story reporting the furore and Chesterman's remarks, the headline in The Bugle was "Legal fraternity backs Tim Carmody for new Queensland Chief Justice after attacks by former Solicitor General Walter Sofronoff".

The fact is, Carmody is way too political for the top job. He's been the chief cheer leader for the government's Lawn Order agenda and has glowingly conferred on the Conveyancer General the title of "new sheriff in town". 

The Queensland bar also made a terrible hash of it. 

President Peter Davis issued a statement on Tuesday (June 10) saying that the bar had been consulted about the next CJ "on a confidential basis" and Carmody "is entitled to the community's respect", but that the BAQ will not engage in public debate about the qualities of suspect appointees. 

The Bugle reported on Wednesday (June 11) that Davis "has been forced to defend Mr Carmody" and that the bar prez had told hacks on the paper that he agreed "entirely" with the "points of principle" made by Sofronoff in his attack on the Chief Madge. 

Later that day Davis had to issue another statement

"No statement by me should be construed as support of or defending any candidate, including Judge Carmody, as suitable for the position of Chief Justice of Queensland." 

Carmody feeding the chooksHe spelt out the principles that the bar supports: independence, integrity of the courts, and that the appointee must be respected by the profession and the judges. 

However, the Conveyancer General had snookered the bar. 

In the session of confidential chats the bar said it was opposed to Carmody's appointment as CJ, but Bleijie extracted an undertaking from Davis & Co that if Carmody was elevated they would not criticise the appointment. 

How's that for independence? The game was over. The Bjelkeists had what they wanted and could elevate their embedded bovver boy without complaint. 

Tellingly, the bar has not congratulated Timbo - reminiscent of the non-welcome the Victorian bar gave to Lionel Murphy when he went to the High. 

The QLS made the traditional sugary noises: 

"Judge Carmody has a long and distinguished career in the law. He has those essential qualities of integrity, dignity, compassion ..." (blah, blah). 

Can-Do said: 

" ... at the end there is only one candidate that had all the qualities to do this job in an exemplary fashion and that's Tim Carmody. He's a self-made man, a knockabout bloke and someone I think all Queenslanders can respect." 

A field agent attending Newman's press conference tells Justinian that the CJ-in-Waiting said: 

"I look forward to being your humble servant." 

Can it be true? 

The media event was held at the Betty Battenberg Courts of Law building, with a sprinkling of  party stalwarts in attendance, including Marshall Cooke and Richard Perry. 

Tony Fitzgerald has set the tone with a restrained response: 

"People whose ambition exceeds their ability aren't all that unusual. 

However, it's deeply troubling that the megalomaniacs currently holding power in Queensland are prepared to damage even fundamental institutions like the Supreme Court and cast doubt on fundamental principles like the independence of the judiciary." 

Maybe, courts don't need a chief justice at all. Mary Gaudron made it clear to Smiler Gleeson when he went to Canberra that he was not in charge of anything and he couldn't tell the other judges what to do.

According to Michael Pelly's book, Bloody Mary advised Smiler: 

"It's not first among equals. We are all equal." 

Someone should tell that to Tim, reminding him not to issue missives to judges advising them how to interpret the law. 

It has also been suggested that Daphnis could have prevented this inappropriate appointment by declining to resign in the face of Timbo's elevation. 

Fat chance. He's been madly polishing his gongs for the July 30 brass band swearing-in. 

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