ACT Chief Magistrate Ron Cahill is at the centre of a police investigation over material provided to a visiting magistrate that prosecutors claim may affect the administration of justice.
ACT Policing detectives, acting on a complaint by the office of the ACT Director of Public Prosecutions, executed a search warrant on the Chief Magistrate's chambers yesterday over his alleged conduct.
Attorney-General Simon Corbell would not say yesterday whether Mr Cahill had been asked to stand down pending the outcome of the investigation, saying in a statement, ''A judicial officer can only be removed or stood down by the application of the Judicial Commissions Act. I am giving consideration to a range of issues consistent with my role and powers as the Attorney-General.''
The probe comes towards the end of Mr Cahill's distinguished 34-year career on the ACT Magistrates bench, which is due to finish in December when he reaches the mandatory retirement age of 65.
Director of Public Prosecutions Jon White called in police last week over material provided to Victorian Magistrate Peter Lauritsen.
Mr Lauritsen was in Canberra early last week to preside over a two-day hearing.
Details of the case cannot be published for legal reasons.
But prosecutors aborted the court proceedings after the Melbourne magistrate revealed that he had been sent a detailed background briefing on the case.
In a submission to the court, Mr White'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.
The Canberra Times understands that Mr Cahill's office is being investigated as the alleged source of the documents and that ACT Policing detectives executed a search warrant on the Chief Magistrate's Chambers in the ACT Magistrates Court yesterday.
Mr Cahill declined to comment yesterday on the allegation.
''It's not appropriate for me to comment,'' he said.
An ACT Policing spokeswoman would only confirm yesterday that the force had been called in by the DPP to investigate the conduct of a ''senior public servant''.
''We are investigating a matter that has been referred to us by the DPP in relation to the alleged actions of a senior public servant within the ACT,'' the spokeswoman said.
Mr Corbell refused to be interviewed for this article and issued a statement through a spokesman.
''This matter was brought to my attention on Friday, 23 October, 2009,'' the statement said.
''I referred the matter to the Director of Public Prosecutions who has subsequently referred the matter to the police. I am also continuing to take appropriate steps in my role as Attorney-General.''
In court last week, prosecutors told Mr Lauritsen that an ''external investigation'' into the matter would have to be launched and asked for the case against the accused to be put on hold indefinitely while the probe was undertaken.
In its submission, Mr White's office said it was ''concerned'' about a person allegedly providing material to Mr Lauritsen. ''The ODPP is concerned as to how this bundle of documents came into existence and why the material was sent to the judicial officer scheduled to hear the matter,'' the submission says.
''In light of all this it is the position of the ODPP to have the issue of the bundle of documents referred for investigation as it appears it might affect the administration of justice.
''How that investigation is to be conducted is a matter for the investigating authority and not the ODPP.''
Mr Cahill has been the territory's Chief Magistrate and Chief Coroner since 1985 after spending eight years as a stipendiary magistrate and five years as a crown prosecutor.
He is due to retire in December and Mr Corbell has not indicated when the appointment of the next chief magistrate will be announced. The latest name to emerge among the frontrunners for the job is Brigadier Lyn McDade, the Director of Military Prosecutions, who has been facing an uncertain future since the High Court ruled that the Military Court was unconstitutional.
It is understood that the former Northern Territory prosecutor has joined South Australian Deputy Chief Magistrate Andrew Cannon and present ACT Magistrate John Burns on the three-name short list for the chief magistrate's job.
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