TORONTO, Ont. - The lawyer for an Ontario judge under examination by a disciplinary panel for his conduct during a murder trial said Thursday his client's dramatic apology the previous day was "an admission of judicial misconduct."

But lawyer Chris Palaire said the five judges hearing the proceeding against Justice Paul Cosgrove on behalf of the Canadian Judicial Council could still decide to allow him to remain on the bench because Cosgrove admitted to only some mistakes.

"Does Justice Cosgrove's statement amount to an admission of judicial misconduct?" Palaire asked the panel, adding the answer is "Yes."

Cosgrove's apology was for "legal and factual errors" made during the sensational trial of Julia Elliott, the woman charged with the 1995 murder and dismemberment of mechanic Larry Foster near Kemptville, Ont., Palaire said.

The 73-year-old Cosgrove has admitted his actions were inappropriate and does not dispute an admonishment might be necessary, Palaire said.

It will be up to the panel to decide whether his behaviour should lead to his removal from the bench.

Cosgrove, who is scheduled to retire in 2009, stayed murder charges against Elliott in 1999 after citing police, Crown attorneys and senior officials at the Ministry of the Attorney General for 150 violations of her constitutional rights.

That decision was overturned in 2003 by the Ontario Court of Appeal, which ordered a retrial. Elliott was later extradited from Bermuda and pleaded guilty to the reduced charge of manslaughter.

In his closing statement Thursday, commission lawyer Erik Cherniak said Cosgrove allowed outrageous behaviour by the defence lawyer in the Elliott trial.

"It was one of the most disgraceful exhibitions that has ever been seen in a Canadian courtroom," he said.

"(Kevin Murphy's) excesses went beyond outrageous."

Earlier in the day, witnesses described the chaotic nature of Cosgrove's courtroom during the trial.

The victim's son told the panel he felt abandoned while on the stand and was left to fend for himself.

"I felt like I was being treated like the accused," Stephen Foster said. "I felt like Justice Cosgrove was abandoning me on the stand."

While in court, Foster said Murphy "called me all sorts of names" and that "bigot was one of them."

Fed up with his treatment, Foster said he approached the defence lawyer in the courthouse cafeteria and asked if he was always "such a pain in the ass."

Murphy became enraged and when he returned to the courtroom, Foster said Cosgrove threatened to cite him with contempt.

Foster told the panel he was shaken by how the trial played out.

"Here I was at the murder trial of my father and trying to get through this, and I might go to jail before the perpetrator of the crime," said Foster. "It was insane."

The panel has reserved its decision.