Prosecutors have launched an attempt to remove the ACT's top magistrate from a work safety case, arguing her attack on Industrial Court matters as "abysmally run" and "plagued by a lack of diligence" could create a perception of bias.
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A hearing for an aviation company accused of safety breaches was abandoned this week after Industrial Magistrate Lorraine Walker slammed the case as "a mess" and said the defendant had been left at a "significant disadvantage".
Qantas contractor Star Aviation was charged after a cleaner allegedly hurt his back when he fell backwards from the service door of a Q400 turboprop aircraft at Canberra Airport on January 30, 2014.
The case stalled on Tuesday when the defence urged the charge be dismissed after it emerged an agreed statement of allegations had not been filed.
Ms Walker, who is also the ACT's chief magistrate, had criticised the charge as "defective" and said the defendant and court were left trying to clarify the problems in the case, while the prosecution still was not ready to proceed two years on.
She also blasted the prosecution's approach to industrial cases more broadly, arguing they were "abysmally run" and "plagued by a lack of diligence".
"It's improper for the prosecution not to prosecute these matters effectively," Ms Walker said.
She asked for more time to consider whether the case should continue.
However, prosecutor Melanie Moss launched an application for Ms Walker to recuse herself from the case when it returned to court on Thursday.
She argued the magistrate's "highly critical and wide-ranging comments", as well as references to material external to the case, may create an apprehension of bias and could prevent the prosecution from receiving a fair hearing.
Ms Moss accused the magistrate of "inviting a challenge to the charge" and said the prosecution rejected claims cases, including the matter before the court, were run improperly or attended by a lack of diligence.
She said the defence had been clearly on notice of the issues it had to answer to and the prosecution had been ready to proceed with the hearing on Tuesday.
Lawyer David Chitty noted there was "obviously some tension that exists between prosecutors and the court" and maintained the defence had been disadvantaged.
Ms Walker adjourned briefly before she said the prosecution would need to submit its application in writing.
The case will return to court at a later date.
