Hostel blaze magistrate cleared to hear murder committal

The magistrate who expressed sympathy with the families of the victims of the Australian hostel blaze has been cleared to continue hearing the case against a man accused of murder and arson.

A supreme court judge said, however, that the comments by magistrate Michael Halliday were not appropriate during the committal proceedings.

Fifteen backpackers, including six Britons, died in last June's blaze at the hostel in Childers, 200 miles north of Brisbane.

Queensland Justice Bob Douglas added: "I am also of the view that the nature of the proceeding yesterday indicated a degree of grandstanding and self-importance on the part of the magistrate."

On the opening day of a committal hearing in Brisbane to determine whether Robert Long, 37, should face trial for murder and arson, Mr Halliday expressed his condolences for the victims families.

Long's lawyer, Craig Chowdhury, said Halliday's statement showed he was not impartial and asked him to disqualify himself from the hearing. Halliday refused and Chowdhury sought a ruling from the Supreme Court on whether Halliday was fit to continue.

The Supreme Court ruled that Halliday's expression of sympathy was inappropriate but did not create a perception of bias.

The committal hearing will resume tomorrow. Two survivors are to testify in person and another 10 will give evidence by telephone hook-ups to Britain, Germany, Canada, New Zealand and Tasmania.