In a letter to Attorney-General Simon Corbell, Mr Cahill, who was ‘‘excused’’ from his duties last week,

said his health was not good enough for the strain of appearing at the Judicial Commission ordered by the Government into his conduct. His decision to quit was followed by an announcement that the Government would abandon the judicial

inquiry set up following a complaint of judicial ‘‘misbehaviour’’ against Mr Cahill.

The 64-year-old, who was due to retire next month, remains subject to an investigation by ACT Policing detectives who are investigating whether Mr Cahill tried to pervert the course of justice by supplying a background briefing on a case to a visiting magistrate.

In his resignation letter, received by Mr Corbell yesterday morning, the outgoing chief magistrate said he was resigning voluntarily.

‘‘I have a number of medical conditions, some of which have incapacitated me on occasions,’’ he said.

‘‘At present I am in Canberra Hospital and I am, as I understand it, in danger of losing my right foot.’’ Mr Cahill was admitted to Canberra H o s p i t a l on Sunday w i th complications from surgery he received for a foot injury last Wednesday.

According to a statement yesterday by his barrister John Purnell, SC, Mr Cahill’s ‘‘immediate medical future is uncertain’’.

Mr Cahill said in his resignation letter that he still believed he had done nothing to warrant the commission’s investigation.

‘‘The medical issues I have are such that the appearance and attendance at the Judicial Commission will, I believe, exacerbate my health problems even further,’’ he

said.

‘‘Whilst I do not accept that my conduct is such that I have been guilty of misbehaviour, . . . I believe that I have no choice but to retire and concentrate upon surviving the serious medical problems from which I now suffer.’’

Mr Corbell said he had accepted Mr Cahill’s resignation and the development would render the Judicial Commission process redundant.

‘‘As a result of Mr Cahill’s decision this morning, the processes of the Judicial Commission will cease,’’ he said.

‘‘The conduct of the Judicial Commission is contingent on there being a judicial officer in office. ‘‘Now that Mr Cahill has resigned from office, the provisions of the act cannot apply and therefore I have recommended to the executive that

the commissioners’ commission be withdrawn as the commission can no longer operate.’’