NEARLY three months after the state's top prosecutor was found guilty of a driving death an interstate judge is yet to be appointed to hear his appeal.
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Suspended Director of Public Prosecutions' Tim Ellis, SC, was found to have caused the death of Launceston's Natalia Pearn, 27, by negligence in a collision on the Midland Highway in March last year.
In June, Magistrate Chris Webster rejected the defence's argument that Ellis, who pleaded not guilty, was falling asleep for up to 1.5 kilometres while driving in the wrong lane before the crash.
Tasmania's second only DPP appealed the decision to the Supreme Court on the basis Mr Webster did not understand his defence.
Tasmania's judges have recused themselves from hearing the appeal with reports the state government was attempting to secure a Victorian judge.
"No appointment has been made at this stage but a process is under way," a spokesman for Attorney-General Vanessa Goodwin said last week.
Since representing Ellis' in the Hobart Magistrates Court lawyer Michael O'Farrell, SC, has taken up the position as the state's Solicitor-General.
Recognising a potential conflict between Mr O'Farrell's role as Ellis' former lawyer and his new job of providing advice to the government on legal matters, the spokesman said an "alternative arrangement" had been introduced.
He would not say what the new arrangement was.
Tasmania Police confirmed NSW deputy DPP John Pickering, SC, would defend the appeal.
Mr Pickering was appointed by the former government as prosecutor during the hearing.