Karamaroudis v Queensland Police Service

In the matter of Karamaroudis v Queensland Police Service, the applicant sought to have a partially heard committal hearing from the Magistrates Court re-heard in the Supreme Court. Additionally, the applicant applied for leave to cross-examine three witnesses at the committal hearing, a decision on which the magistrate had not yet made. The primary issue before the court was whether the committal proceeding should be transferred to the Supreme Court.

The court had to determine if there were grounds for removing the proceeding to the Supreme Court, particularly in light of the applicant’s allegation of apprehended and actual bias due to the magistrate’s conduct during a hearing. The applicant argued that the magistrate’s actions suggested a commitment to a pre-formed conclusion, rendering her incapable of impartiality. The court assessed whether a fair-minded lay observer might reasonably apprehend bias in the magistrate’s approach to the application.

The court found that there were no grounds to transfer the committal proceeding to the Supreme Court. The application to amend the originating application was refused, and the originating application was dismissed. The matter of costs was adjourned to a later date. The court concluded that the magistrate had not displayed any conduct that would reasonably lead a fair-minded observer to apprehend bias, and therefore the committal proceeding would remain in the Magistrates Court.