Friday 24 June 2011

A bad miscalculation !

Last month an acting Supreme court judge was involved in a car accident between his vehicle, a truck and another car. The police attended - and breath tested all the drivers. The judge blew 0.168 roadside - and 0.121 later at the police station. He was arrested and charged with DUI.

This week the case came to court - and the magistrate was astonished when the judge failed to appear. Instead, his solicitor entered a " guilty " plea - and told the court that the judge was on holiday - in Japan.

This is peculiar conduct from a man so well versed in the law as a judge of the Supreme court. Driving under the influence of liquor is not a misdemenor. It is classed as a criminal offence - and even a first time so charged carries a penalty of a heavy fine or a period of incarceration - or both.

It is possible that the judge hoped the matter would proceed to punishment and because of his position in the legal fraternity he would be treated lightly - and that any publicity would have abated before his return from Japan.

If so, he was mistaken.

The magistrate took unbrage at the non-appearance. He accepted the guilty plea and cancelled the judge's license - but held the matter over to a later date for sentencing - when the judge will be required to appear in person to hear his judgement.

The decision to go on holiday may have repercussions. It was an act of unforgiveable rudeness - and it could result in a few days in the slammer - just to introduce a note of humility !

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