Judge Stephen O’Hara dismissed Murray’s defamation claims yesterday, saying he could not find any evidence that Murray had ever been “personally involved” in the case.
Murray is seeking to have the judge declare he has not been involved in the process that led to the decision that disqualified him from representing the Crown in the defamation case against Fairfax Media.
Murray has also argued the judge had “no authority” to rule on the matter.
“He has no power to determine the merits of the case on the basis of a finding of fact that there was a breach of the law,” Judge O’Shea said.
“The court cannot make any finding of law or fact about whether there was an alleged breach of this Act.”
Murray said he believed the judge’s ruling had a “serious and serious impact” on the outcome of the defamation trial.
Judge O.E.H. said he had not decided whether he would uphold Murray’s claim that the judge was wrong to have overturned his disqualification from representing Fairfax Media from March this year.
“As I understand it, the law requires that a judge cannot declare that a case has been dismissed when a judge has found that the defendant was personally involved,” Judge E.
Judge E H ruled there was no evidence to support Murray’s allegations that Judge Murray was personally “involved” in making the decision to disqualify him from Fairfax Media’s case against him.
Judge Stephen E H, who presided over the defamation action against Fairfax, has been appointed by the High Court to hear the case involving the court and the media.
He said yesterday that the issue was not whether the judge acted unlawfully, but whether he acted lawfully.
Judge Anthony C. McKeown, appointed by Mr Justice Dyson, has already ruled that the decision by Fairfax Media to exclude Mr Murray from appearing in its case against Mr O’Hea was wrong and should be reversed.
He also ruled that Mr O-Hea’s lawyer, Andrew Devereux, had no power in relation to the matter and had not been given any advance notice of the judge coming to the court.
He has said he will make a decision on the issue on April 20.
Mr Murray has previously said he would like to see the case dropped and the judge reinstated, but the judge has told him that will not happen.
He will hear the defamation matter again in the Federal Court in March.
A spokeswoman for Mr Murray said his case had been “exonerated”.
“The case was dismissed without prejudice and the matter will be referred to the Federal Circuit Court for further proceedings,” she said.