PREMIER Annastacia Palaszczuk has called for the state’s top judges to sort out their differences, now, following a flurry of furious emails.

The emails were exchanged in a brawl over the hearing of an appeal by Daniel Morcombe’s convicted killer, which once again thrust the soured relationship between Chief Justice Tim Carmody and Justice Margaret McMurdo, into the spotlight.

“It’s a matter for them to sort out but I think the public would share our views that it needs to be sorted out now,’ Ms Palaszczuk said.

“In relation to the courts, there is separation of powers, but obviously there are serious issues down there and they need to resolve them,” she said.

She also expressed her displeasure that the Morecombe family had been dragged into the controversy.

“I met with the Morcombes yesterday. They’ve been through a lot. They want closure.” she said.

Deputy Premier Jackie Trad also weighed in on the stoush, saying the issues needed to be resolved.

“This is an issue that needs to be resolved, obviously, but it is up to the judiciary and the magistrates to resolve this,” she said.

“Clearly, the Morcombe family deserves to have the justice system respond to their circumstances and Cowan deserves a fair and uninterrupted trial.

“The judiciary is going about its work and hearing both sides of cases in relation to this matter and as a government we can not interfere.”

EARLIER

“I REGRET to inform you,” the second highest judge in Queensland wrote, “that following an extraordinary memorandum yesterday from the Chief Justice … I cannot sit with him again on any court.”

Justice Margaret McMurdo continued. “Please ensure in future that I am not listed to sit with the Chief Justice. He has been copied into this email.”

It was an incredible explosion in judicial relations. The Court of Appeal president refusing to work with the Chief Justice. The Chief Justice accusing the Court of Appeal president of “a gross violation of judicial ethics”.

And a flurry of emails — viewed exclusively by The Courier-Mail — revealing a complete breakdown in relations between the state’s highest judges.

And Bruce and Denise Morcombe caught in the middle.

For Daniel Morcombe’s parents, it was supposed to be the end of years of torment.

In November, they sat in court while lawyers argued whether the elaborate covert operation used to catch his killer had been conducted within the realms of the law. Justices Carmody, McMurdo and Hugh Fraser presided.

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An unwritten rule among judges would have seen a decision handed down within three months. The Morcombes hoped that would be the end. Instead, the fate of their son’s killer, serial pedophile Brett Peter Cowan, is now at the centre of an extraordinary — and seemingly irreparable — judicial spat.

On April 17, after spotting it on the Chief Justice’s public calendar, Justice McMurdo, in consultation with Justice Fraser, wrote to him suggesting he disclose a meeting he had had with child safety advocate Hetty Johnston.

media_camera Some of the emails between top judges Tim Carmody and Margaret McMurdo.

With the outcome of the appeal yet to be determined, it was intimated those involved should be told of any meetings or discussions he’d had with a woman who’d so vocally called for Cowan to remain behind bars until the day he died.

Email exchanges ensued. Cowan’s defence team got involved. On April 22, Chief Justice Carmody wrote to Justice McMurdo, saying any suggestion of “apprehended bias” was “utterly preposterous”.

media_camera Justice Margaret McMurdo AC, President, Court of Appeal, Supreme Court of Queensland. Pic Mark Calleja

Her actions, he continued, appeared to be “a singularly exceptional interference with the ordinary judicial process”.

“It is even more alarming that your Associate decided to investigate, on your instructions or otherwise, any comments made by Ms Johnston regarding Cowan,” Chief Justice Carmody wrote.

The reply from Justice McMurdo came a day later.

“Dear Chief Justice,” she began. “I reject all your ill-conceived allegations of impropriety.”

At 12.47pm the same day, Justice McMurdo wrote to court official Tracy Dutton to say she would not sit with him again. The emails continued.

On April 24, the Chief Justice scheduled a court hearing to disclose his meeting with Ms Johnston. He presided over it alone.

“You informed me at 9am this morning that you, extraordinarily, are mentioning the appeals in R v Cowan … today before you alone,” Justice McMurdo wrote to him.

“If it is to be mentioned, it should be mentioned before the whole Court, not just one member of it.”

media_camera Chief Justice Tim Carmody. Pic: Tara Croser.

And on April 28, Justice Fraser wrote an email that revealed he had sent the Chief Justice his draft judgment in February. Justice McMurdo had also circulated hers. The Chief Justice had not.

Had the judgment been delivered on time, Bosscher Lawyers’ Tim Meehan said, the accusations of apprehended bias would never have occurred.

“I recognise that the notification of your draft … was received on 27 February 2015, however for some reason I did not obtain a copy,” the Chief Justice replied to Justice Fraser. In other words it appears he had not yet read the draft.

In response, Justice Fraser replied: “That is disturbing.

“In due course please let me know the result of your inquiry about how that occurred.”