TASMANIA'S peak legal body says it would be "diabolical" to find three judges to hear a possible further appeal by the state's top prosecutor on death driving charges.
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Director of Public Prosecutions Tim Ellis had an appeal against his guilty verdict for causing death by negligent driving dismissed by a Victorian judge on Wednesday.
Ellis was driving in the wrong lane of the Midland Highway near Spring Hill on March 24 last year when his Mercedes struck a hatchback driven by 27-year-old Launceston woman Natalia Pearn, killing her instantly.
Ellis has 14 days to appeal against the decision to the Full Court, before being sentenced on December 23.
All Tasmanian judges ruled themselves out of hearing the original appeal.
Law Society of Tasmania president Matthew Verney said if a further appeal was sought by Ellis, three interstate judges would need to be called in.
"It would be diabolical," Mr Verney said.
The state opposition yesterday called on the government to either sack Ellis, who has been suspended on a salary of more than $500,000, or "give good reason why he should stay in his job".
Labor justice spokeswoman Lara Giddings said the government should reform the DPP legislation.
Under Tasmanian law, the DPP is a lifetime position.
The DPP can be removed from office if he is "guilty of misbehaviour", and only the governor has the power to remove him.
"Before a new DPP is appointed, I would urge the government to amend the legislation of appointment to allow for a time limited contract," Ms Giddings said.
"This would bring this appointment in line with other senior appointments across the public service as well as interstate. For example, New South Wales has appointed their DPP for a 10-year term," she said.
But Mr Verney said changing the contract to 10 years would be risky, because the lifetime appointment protected the position from undue influence.
"The DPP wields a fair bit of discretion and it must be capable of being exercised without influence from anywhere else," Mr Verney said.
He said reform should not be made on "knee-jerk reactions".
A spokesman for Dr Goodwin said the matter was still before court. "The government is therefore unable to comment."
