The right to a fair trial is a cornerstone of the Australian judicial system and was squarely the focus of leading Australian criminal law firm, Bosscher Lawyers in representing Brett Cowan in his application to have Chief Justice Tim Carmody disqualified from hearing his appeal, citing a possible perception of bias, emanating from a meeting between Chief Justice Carmody and child protection advocate Hetty Johnston in April, during the appeal process.
Consequently, yesterday the Chief Justice withdrew from the matter.
Chief Justice Carmody had been sitting together on the case with Justice McMurdo and Justice Hugh Fraser, and their written decisions on the appeal have yet to be delivered.
Brisbane Criminal Lawyers at Bosscher Lawyers’ Tim Meehan pointed out to a number of media outlets that his team only made the apprehended bias application after the bench raised the issue.
“Quite frankly this has got nothing to do with Hetty Johnston, it has nothing to do with Bravehearts,” Mr Meehan said.
He said the decision by Justice Carmody to withdraw from the case was very unexpected.
“Justice needs to be done according to law. It’s as simple as that.
“All we want for our client is for his matters to be dealt with in the correct way, and in the way that everyone else is entitled to have their matters dealt with.”