Chief Justice Tim Carmody had privately referred to his judicial colleagues as "snakes" and "scum" while publicly calling for judges to "maintain civility and courtesy", a retiring Supreme Court Justice has said as the discontent between the judiciary and their leader
once again bubbles to the surface.
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In his extraordinary speech on Thursday morning, Justice Alan Wilson said he had "agonised" over the decision, but ultimately was "driven to say something" about Justice Carmody's leadership at his valedictory address, adding he did so without "the foreknowledge or approval of any of the judges".
He said the "current experiment, involving a Chief Justice who frankly admits he lacks ["respect for their legal ability"], and
has significantly failed to manifest those skills, is not working - and there is no reason to think that it ever will".
"You do not know of a number of things which stand behind that prediction," he said.
"The Chief Justice has made many public pronouncements and given many interviews about his appointment and his actions. The judges have said nothing.
"It is the tension between what the Chief Justice has said and the things he has done, known only [to] the judges, which to my perception at least partially explains a serious loss of morale in the court.
"I hear judges at all levels of seniority, including quite young ones, speaking seriously of resignation. The problem is bad and, in my
view, getting worse.
"That is why I am driven to say something."
Justice Wilson said Justice Carmody had attempted to speak privately with the judge rostered on to the Court of Disputed Returns during the period following the election, when the Ferny Grove result might have been referred to the court.
The Supreme Court annually appoints judges to the court "in strict order of seniority", Justice Wilson said, to "ensure there can never be any suggestion of political influence or motive in the appointment".
Justice Wilson said Justice Carmody had made an attempt to "contest the automatic operation of that protocol", and later made attempts to "speak privately with the next nominated judge to that position about what was described in a memorandum as 'unresolved concerns'", which were resisted by the judge.
Justice Wilson also attacked the Chief Justice for removing himself from all trial division sittings, opting out of "judge-work", in favour of a public-relations role for the court, which he said placed a "significant extra burden" on the other judges.
"Finally, it will be recalled that the Chief Justice, in his public remarks last Christmas, urged the judges to maintain civility and courtesy, but he has on different occasions, referred to us collectively as 'snakes' and 'scum'. Both the remarks, and the this kind of hypocrisy, have a devastating effect on morale," he said.
"These things...have distracted the judges from their work, which is busy and constant. To see press interviews being given telling only one side of the story, when all other members of the judiciary are working hard while maintaining a proper and dignified silence, is having a very dispiriting effect upon them."
Both the government and the opposition have avoided commenting on Justice Wilson's comments, however Attorney-General Yvette D'Ath used her speaking time in parliament to commend his service.
"I'd like to thank him for his years of service, deserving reputation for fairness decency and intelligence," she said.
"He is widely respected and highly regarded in the legal profession, judiciary and government.
"Myself and this government wishes Justice Wilson all the best for the future."
Justice Carmody was not in attendance because he is attending a conference in Papua New Guinea.
It follows the former head of the Bar Association, Peter Davis, unleashing on former Attorney-General Jarrod Bleijie, calling him "inexperienced and under-educated and, in my view, incompetent", in a speech on Wednesday night.
