Drink-driving Supreme Court judge Anne Bampton apologises, fined $1300 and disqualified from driving for eight months
A SUPREME Court judge who was caught drink driving when she struck a cyclist has apologised in court, been disqualified for eight months and fined $1300.
A SUPREME Court judge who was caught drink driving when she struck a cyclist has apologised in court, been disqualified for eight months and fined $1300.
This morning, Justice Anne Bampton stood in the dock of the Adelaide Magistrates Court and gave a formal apology for her conduct on the night of November 30, 2013.
"I'm very sorry and deeply ashamed that I drove (that night)," she said.
"I apologise to the young woman who was riding her bike that evening, I also apologise to the South Australian community.
"I apologise to the judiciary and to the staff of the Courts Administration Authority.
"I apologise to my friends and I apologise to my family, in particular my four children who have, in a very public way, been extremely embarrassed by my conduct."
Last year Justice Bampton, 51, was appointed to the Supreme Court bench after serving as a judge of the District Court.
On November 30, she recorded a blood alcohol reading of 0.121 after her car collided with a female cyclist at Glenside.
Justice Bampton received an immediate six-month licence disqualification.
At the time, SA Police said she would be summonsed to face court at a later date, and that the female cyclist suffered only minor injuries.
The alleged incident occurred on the 10th anniversary of the hit-run death of cyclist Ian Humphrey, who was killed by drink-driving lawyer Eugene McGee.
Mr Humphrey's widow, Di Gilcrist, called for Justice Bampton's appointment to be rescinded and labelled Chief Justice Chris Kourakis' response to her concerns "insulting and patronising".
In court today, Justice Bampton pleaded guilty to one count of driving with excess blood alcohol, and one count of driving without due care.
The drink-driving offence carries a maximum fine of $900 and the loss of five demerit points.
The due care offence carries a maximum penalty of a loss of a further three demerit points and a fine of up to $2500.
Prosecutor Emmanuel Athans told the court the incident occurred in the left-hand lane of Greenhill Rd, approaching Kitchener St, Toorak Gardens.
He said witnesses travelling in a car behind Justice Bampton observed her "veering within that lane".
He said that, after overtaking Justice Bampton, the witnesses kept a close eye on her car because there was a cyclist in the bike lane alongside her.
"They subsequently did not see the cyclist any longer ... the cyclist had been hit, struck, by the car," he said.
He said the cyclist was not knocked from her bike but did sustain a blood nose, and a $10 light on the front of the bike was broken.
"The cyclist became unbalanced and subsequently stopped on the side of the road," he said.
"The accused stopped, apologised and was tested (for blood alcohol) with a positive result."
Stephen Ey, for Justice Bampton, said his client had instructed he make no submissions in mitigation on her behalf.
"She does so in the knowledge and expectation that she will receive a more severe penalty than she would have otherwise," he said.
However, Mr Ey said his client had "suffered much humiliation", was highly embarrassed and remorseful.
Magistrate David Gurry disqualified Justice Bampton from driving for a further eight months and 14 days, and reminded her that meant her licence had been cancelled.
He fined her $1300 for both offences, ordered she pay $260 in court fees and $10 to compensate the cyclist for her broken bike light.
He further ordered she pay SA Police $695.60 for the cost of impounding her vehicle.
Outside court, Justice Bampton declined to comment - Mr Ey told the media "everything has been said" during the hearing.
In a public statement after the hearing, Supreme Court Chief Justice Kourakis said Justice Bampton's duties would be restricted for 12 months.
He said she would not hear matters associated with driving or alcohol offences during that period, and declined to comment further.
Premier Jay Weatherill said he was "deeply disappointed" by Justice Bampton's conduct.
"This is a very disappointing incident and it's appropriate that this judge is penalised just as any other citizen would be penalised," he said.
"Anybody, any citizen, whether they are in the highest office or otherwise, should face the full force of the law if they breach the law, in particular by jeopardising their own and the community's safety through drink driving.
"It's an act of stupidity."
Mr Weatherill said he supported Chief Justice Kourakis' decision regarding Justice Bampton's duties.
"If he didn't think these arrangements were feasible he wouldn't have put them in place," he said.
Ms Gilcrist disagreed, repeating her calls for Justice Bampton's appointment to be rescinded.
"Justice Bampton cannot dispense justice," she said.
"She has flouted the law, she has broken the law and she cannot administer the law in those circumstances."
Ms Gilcrist said Justice Bampton's penalty reflected the "inadequacy" of drink-driving laws and the need for harsher punishment of offenders.
She said it was concerning that neither Chief Justice Kourakis nor the State Government would take responsibility for Justice Bampton's continued career.
"If (her future) is not up to the Chief Justice, then my question is who is it up to?" she said.
"It seems that it's nobody's job, and that's concerning to me."
She said she would continue writing to Chief Justice Kourakis and the government, seeking answers.
CHIEF JUSTICE KOURAKIS' STATEMENT:
"Justice Bampton was appointed to the office of a Judge of the Supreme Court by the Executive Government on 14 November 2013," the statement reads.
"On appointment to that office Justice Bampton was both entitled and bound in law to discharge the duties of a Judge of this Court.
"The Chief Justice has no authority to suspend the constitutional operation of a judicial appointment.
"It is a condition of the exercise of judicial duties that a Judge takes the Judicial Oath and Oath of Allegiance.
"Accordingly, I administered the Judicial Oath and Oath of Allegiance to Justice Bampton in my chambers on 2 December 2013.
"However, I had already determined that Justice Bampton would not hear matters associated with driving offences until any charges which might be laid were finalised.
"I made a public statement to that effect on 1 December 2013.
"As the Chief Justice my authority with respect to the judicial duties of the other Judges of this Court is limited to fixing rosters and supervising the assignment of matters to them.
"I have again considered the question of the matters which should be allocated to Justice Bampton in the light of the circumstances of the offences of which her Honour has been convicted.
"In my view the reasonable concerns of the public arising out of offending of this kind by a serving judicial officer can be adequately addressed by providing that for a period of 12 months from today, Justice Bampton shall not sit on any matter:
* concerning a driving offence or a civil claim arising out of a driving offence;
* which involves a dispute over the mental element of an offence arising out of a defendant's consumption of alcohol;
* concerning the sentencing of an offender who was materially affected by alcohol."