Chief Magistrate Tim Carmody has issued an edict that will effectively ensure he makes all the decisions in cases of disputed bail for accused bikies.

The Newman Government and the judiciary have been at loggerheads over several bikie cases with tough new laws banning outlaw gang members from being granted bail.

However, several bikies have been granted bail by magistrates because the prosecution was not able to successfully prove they were gang members.

The extraordinary decree by Judge Carmody will enrage members of the Queensland magistracy who will see the decision from the recently-appointed chief magistrate as a slight on their professionalism.

The practise direction, dated November 4, states it applies to any contested bail application throughout the state which has not yet been set down for hearing.

"Unless the Chief Magistrate otherwise orders in the interests of justice, all bail applications to which this practise direction applies, will be listed for hearing in Court 20 in the Brisbane Magistrates Court, not before 2.30pm,'' Judge Carmody said. "No more than 2 applications may be listed on one day.''

The directive states the primary objective was to ensure all applications proceed without delay as well as reduce costs for the Office of the Director of Public Prosecutions and ensure "security for all".The decision means contested bail application cases from outside Brisbane will have to be heard via video link.

Attorney-General Jarrod Bleijie last night declined to comment on Judge Carmody's directive.

However, it comes after the Government was left seething over Sunshine Coast Magistrate Bernadette Callaghan's decision to granted bail to an alleged bikie because his Rebels gang membership could not be proved.

The alleged bikie, Lorne James Campbell, is facing extortion charges.

The Bar Association this morning condemned Judge Carmody's directive, insisting the chief magistrate reconsider the decision.

"The Bar Association of Queensland does not support a practice by which applications brought by particular classes of citizens are brought before a particular judicial officer,'' president Roger Traves QC said.

"If that be the practical effect of the Practice Direction, then the Bar Association respectfully urges the Chief Magistrate to reconsider it.

"The principles of fairness and equality before the law are best served by the court as a whole dealing with these applications, not a designated judicial officer."

Innocent bystander wrote on Nov 5^th, 2013 at 7:08pm:


I don't in general have a problem with our justice system and think it typically does a good job.  this isn't one of those examples.  The weak judge was unable to act above the politics - which is his job.

Chivas Regal

longweekend58 wrote on Nov 5^th, 2013 at 7:02pm:


Which part of this (from  the Bar Association of Queensland) did you not understand:

Quote:


It seems to me that this is another example of how the Rule of Law/Separation of Powers has been corrupted in Queensland.

Does anyone reckon that Tim Carmody (a pissant LNP suck-hole Magistrate/Copper/Family Court wanker)....came out with that extraordinary directive without political direction?  bugger me dead!  He was given the job by Canbull.

Link. 

Here we go again.  Off to the real Judges who have not been 'bought.'

Thank Christ for 'Ivory Towers!'

It seems to me that this is another example of how the Rule of Law/Separation of Powers has been corrupted in Queensland.

Queensland and the Westminster system

The Constitution of Queensland Act 2001, unlike the Australian Constitution, currently does not expressly provide that Ministers of the Crown have to be elected parliamentarians. By Westminster conventions, however, that is the case, thus allowing for "responsible Government". In another comparison with the Australian Constitution, the Queensland Constitution does not prescribe a rigid "separation of powers" and the Queensland Parliament could legislate to alter the judicial role of the State's courts.

On the other hand, because Queensland is part of a federation, the Australian High Court has overruled the State's authority in certain areas, through reference to the Federal Government's constitutional powers, e.g., Eddie Mabo and Others vs the State of Queensland, which granted land title rights to the original inhabitants of Murray Island.

http://www.parliament.qld.gov.au/explore/about-us/parliament-overview/separation...