A DRAWN-OUT legal argument over which magistrate can hear death-driving charges against Tasmania's top prosecutor should be resolved quickly for the sake of the victim's family, Deputy Chief Magistrate Michael Daly has said.
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Mr Daly told the Hobart Magistrates Court yesterday that he had lunch with Director of Public Prosecutions Tim Ellis a short time before the fatal crash and was friends with his wife on Facebook.
Mr Ellis has pleaded not guilty to causing death by negligent driving after a two-car crash on the Midland Highway on March 24, which resulted in the death of 27-year-old Launceston woman Natalia Pearn.
The case was passed to Mr Daly after Chief Magistrate Michael Hill excluded himself from hearing it earlier this month.
An interstate prosecutor has been appointed to try the case, but lawyers for Mr Ellis have objected to an interstate magistrate being appointed.
Mr Daly said the issue should be resolved swiftly for the sake of Miss Pearn's family, who would be frustrated by ``all this irrelevant legal navel-gazing''.
He said he was concerned the public might doubt the fairness of the case if he heard it, given his social acquaintance with Mr Ellis.
Counsel for Mr Ellis, Michael O'Farrell, said Mr Ellis did not object to Mr Daly hearing the case and that he could only disqualify himself if he was satisfied a fair-minded observer would assume he was unable to be impartial.
``These are things that people can expect in relatively small communities like Tasmania, but citizens are entitled to have their cases heard by a judicial officer,'' Mr O'Farrell said.
``Even ones they end up at parties with, not infrequently?'' Mr Daly replied.
``Have you got a case that says if a magistrate and defendant in a calendar year in which the incident occurred had a lengthy lunch together it would pass muster?''
Mr Daly adjourned his decision until Wednesday. Mr Ellis has been excused from attending court until the case progresses.