Former Attorney-General Yvette D’Ath refuses to name ‘wildcard’ magistrate appointments

The Queensland Government is refusing to name the three “wildcard’’ magistrates appointed in 2017, even though they were not on a list of 20 potential appointees recommended by a review panel.

The Queensland Government is refusing to name the three “wildcard’’ magistrates she appointed in 2017, even though they were not on a list of 20 potential appointees recommended by a review panel.

The refusal to publicly release the names is at odds with former attorney-general Yvette D’Ath’s pledge in 2015 that the establishment of the appointment panel would result in a “transparent protocol for judicial appointments in Queensland’’.

Yesterday a spokesman for Ms D’Ath did not respond to a request to name the three magistrates, and former attorney-general and current Treasurer, Cameron Dick, said the questions should be answered by current Attorney-General, Shannon Fentiman.

Ms Fentiman said at the weekend that she had always appointed magistrates and judges from the recommendation of the specialist panel, but could not speak for Ms D’Ath.

Former attorney-general and current Health Minister Yvette D'Ath. Picture: Liam Kidston

In 2017, despite Ms Fentiman saying every judicial appointment had come from panel short lists, Ms D’Ath appointed three “captain’s picks” as magistrates.

In a departmental document sighted by The Courier-Mail, authored by then chair of the review panel Judge Sarah Bradley, five recommendations from the panel were appointed, and three were appointed independent of the panel.

In the document, sent to the panel members, it says: “The panel met for the second time in July, 2017. It considered 213 expressions of interest in relation to six vacancies. We provided a list of 20 suitable appointees to the AG. Eight appointments were made, five from the list provided by the panel.”

It is unknown which of the five were recommended by the panel and which were not. The appointees were; Clare Kelly (Southport), Dennis Kinsella (Caboolture), Andrew Molony (Children’s Court), Louise Shepherd (Southport), Stephen Courtney (Townsville), Donald McKenzie (Southport), Kerrie O’Callaghan (Southport) and Mark Nolan (Mackay).

The Courier Mail is not suggesting they did not deserve appointment on merit.

The integrity scandal comes as a former senior judge questioned the efficacy of the specialist panel.

The former senior judge said: “Both sides do it because it is the luxury of incumbency. The difference is the LNP own it and Labor takes the public moral high ground and hides its partisan choices under an ‘ethical’ facade.

“Labor is skilled at institutional infiltration. The LNP never has been.

“The appointment panel looks like a gatekeeper but it is advisory only and controlled by Labor sympathisers who share the ideological and philosophical ideal of the perfect judge – someone who if not actually a member of the tribe thinks and acts like us or at least not like the conservatives..”

Treasurer Cameron Dick says the government has a robust process for judicial appointments. Picture: NCA NewsWire / Dan Peled

Mr Dick yesterday dodged the crucial question of why the government ignored its own rules and selected three magistrates not on the short list, instead trying to bizarrely play the gender card.

“Since 2016 we’ve had the most robust appointment process,’’ he said.

“The most robust appointment process Queensland’s ever had for the appointment of judicial officers. All of those judicial officers are appointed on merit, including the women that have been appointed. I want to make this point, having worked in the legal profession, having been a barrister, having been at the bar, I know how hard it is for women to progress.

“It is a challenge for them and it’s been disappointing to see their appointments drawn into question.”