A magistrate on Tuesday voiced his condolences to the families of 15 backpackers killed in a hostel fire last year as the man accused of starting the blaze appeared in court.
Robert Paul Long, 37, appeared before magistrate Michael Halliday charged with deliberately setting fire to the Palace Backpackers Hostel at Childers in Queensland on June 23.
He was also charged with the murder of two of the victims, West Australian twin sisters, Stacey and Kelly Slarke, 22.
The Slarke twins were among four Australians killed in the fire. Seven Britons, two Dutch, a South Korean and a Japanese traveler also died.
Under Australian law, a committal hearing must take place to determine if sufficient evidence exists for a defendant to face trial.
"The tragic events and the effect that it has had on many lives makes it appropriate in my view for there to be a public expression of condolence, and I accordingly express my sympathy and that of the court to the ... relatives and friends of the deceased for their sad ... loss," Halliday said.
"I am acutely aware of my duty and role and in particular, the right of an accused person to a hearing of a completely unbiased tribunal.
"I believe that my expressions, so made, do not infringe upon or compromise such a role and it's not intended to do so."
But his comments drew fire from Long's lawyer Craig Chowdhury who said Halliday should step down and disqualify himself from the proceedings.
"There's a reasonable apprehension that Your Worship will not be impartial in hearing this matter," Chowdhury said.
"It's a matter of considerable notoriety. My client is entitled to have a fair committal proceedings.
"I have done numerous murder committals. I have never heard any judicial officer from the bench, in such a public manner, express sympathy for the victims' families."
Halliday refused to disqualify himself, prompting Chowdhury to seek an adjournment while he took the matter to Queensland's Supreme Court, which was expected to hear the case Wednesday.
Long showed little emotion as he sat in court wearing running shoes, navy trousers and a yellow chequered shirt with its sleeves rolled up to the elbows.
His elderly parents sat in the back of the court, and Bill Trevor, the Mayor of Isis Shire in which Childers lies, also attended the hearing.
"I think there's a lot of questions to be asked and I think if you talk to the kids, yeah, the question is how did this happen?," Trevor said outside the court.
"I don't think a lot of families around the world or in Australia will rest until those questions are answered and hopefully today was the start of those proceedings to answer some of those questions" -- BRISBANE (AFP)
© 2001 Al Bawaba (www.albawaba.com)
