ACT Chief Magistrate Ron Cahill may face a judicial inquiry into an allegation that material provided to a visiting magistrate could affect the administration of justice.
Attorney-General Simon Corbell confirmed yesterday that police were investigating Mr Cahill over the material, which prompted prosecutors to abort a court hearing last week and call for an investigation.
Asked whether a judicial inquiry would be held, Mr Corbell said, ''These are all matters which are under consideration, I'm not going to speculate further on that except to say that I will make further announcements in due course.''
A judicial inquiry is the first step in the legislative process to stand down or dismiss a magistrate or judge.
The Attorney-General said that he had discussed the investigation with Mr Cahill but would not confirm or deny whether he had asked the Chief Magistrate to step aside pending the outcome of the police investigation.
''I won't go into the detail of what I've discussed with the Chief Magistrate except to say that I have reiterated the seriousness with which the Government views this matter and that there will be a range of issues to be determined upon within the next week or so,'' Mr Corbell said. Asked if Mr Cahill would resume hearing cases in the Magistrates Court while he was the subject of a police investigation, Mr Corbell said: ''You'll have to ask the Chief Magistrate that.''
Mr Cahill, who is due to resume his duties on the magistrates bench today after several days' leave, maintained his public silence yesterday.
''It wouldn't be wise for me to comment,'' the Chief Magistrate told The Canberra Times.
Mr Cahill is due to retire on December 15 after a 34-year career on the magistrates bench.
ACT Policing detectives, acting on a complaint from Director of Public Prosecutions Jon White, executed a search warrant on Mr Cahill's chambers on Monday. Mr White called in police last week over material provided to Victorian Magistrate Peter Lauritsen who was in Canberra to preside over a two-day hearing. Details of that case cannot be published for legal reasons.
Prosecutors aborted last week's court proceedings in front of Mr Lauritsen after the Melbourne magistrate revealed that he had been sent a detailed background briefing on the case.
In a submission to the court, MrWhite's office alleged that a bundle of documents had been sent by email to the visiting magistrate, which included the case against the accused, matters for consideration in the hearing, relevant case law and a copy of the existing suppression order preventing the media from reporting details in the case.
Mr Corbell said that he was considering a number of options about how to handle the investigation into the veteran judicial officer.
The matter had to have regard for natural justice and due process considerations.
''The Government cannot require or direct a judicial officer, a judge or a magistrate, to step down, it is quite a clear separation of powers,'' he said.
''There are a range of issues that I currently have under active consideration which concern my role and responsibilities as Attorney-General and I will be making further announcements in due course.''
Under the territory's Judicial Commissions Act, a judicial commission must uphold a complaint about an officer's behaviour and the Legislative Assembly must pass a motion enabling cabinet to remove the officer.
''This is a very serious matter,'' Mr Corbell said.
''This is a matter involving potentially an issue around the administration of justice.
''It goes to the heart of the roles and responsibilities of judicial officers.''
The minister said he envisaged making further announcements on the allegation against Mr Cahill later this week.
''I have received clear advice from the DPP and the police that it would be inappropriate to comment on that police investigation at this early stage for fear of any compromising of that police investigation.''