Brisbane lawyer Michael Bosscher facing disciplinary proceedings
- KAY DIBBEN
- THE COURIER-MAIL
- JUNE 25, 2014 9:27AM
PROMINENT Brisbane criminal lawyer Michael Bosscher is facing disciplinary proceedings for tendering an inquiry document containing untrue “scurrilous allegations’’ against a judge.
Mr Bosscher failed to have the disciplinary proceedings brought against him kept out of the public eye, after his application for a non-publication order was rejected.
The Legal Services Commission has applied to Queensland Civil and Administration Tribunal for Mr Bosscher to be disciplined for professional misconduct or unsatisfactory professional conduct.
Mr Bosscher has denied the allegations against him, saying in tribunal submissions he did not endorse any allegation or assert the truthfulness of any allegation in the document.
It concerns the document “The Rofe QC Audit of the Heiner affair’’, which he tendered to the Child Protection Commission of Inquiry, conducted by Chief Magistrate Tim Carmody.
The tendered document included an allegation of corruption against Court of Appeal Justice Cate Holmes, when she was a barrister assisting the Forde Commission of Inquiry, the tribunal heard. It was an inquiry into the abuse of children in Queensland institutions.
Counsel for the LSC alleged in submissions that Mr Bosscher tendered “scurrilous allegations against Justice Holmes ... without any precautions against inappropriate publication of that material’’.
It was likely to be prejudicial to, or diminish public confidence in, the administration of justice, by enabling publication of untrue allegations about a member of the judiciary,’’ the LSC submission said.
Mr Bosscher failed to exercise “forensic judgment’’ and could have chosen not to tender the report or tendered it in redacted form, it is alleged.
He asked for a non-publication order on the LSC’s disciplinary application, saying it could affect Justice Holmes’s reputation, her office and the administration of justice.
But the LSC, after consulting Justice Holmes, refuted that argument.
Mr Bosscher also said in a submission the allegation against him would damage his professional reputation and the commercial interests of his employer, Bosscher Lawyers.
He said he had acted in a number of high profile criminal cases and was involved in the trial of Brett Peter Cowan. Cowan was found guilty of the murder of Sunshine Coast schoolboy Daniel Morcombe.
On June 12 QCAT President Justice David Thomas refused Mr Bosscher’s application, saying publication of the disciplinary proceedings would “bolster public confidence in the justice system’’.
It was “consistent with the proper administration of justice’’, Justice Thomas said.