Corrupt former SA magistrate Bob Harrap imprisoned for at least a year, but his accomplices won’t serve jail time

Disgraced ex-magistrate Bob Harrap has been jailed for corruption – and for ruining the lives of three women just to dodge a handful of demerit points.

Former magistrate Bob Harrap pleaded guilty to corruption offences. Picture Mark Brake.

Corrupt former magistrate Bob Harrap will spend at least a year behind bars for putting his own self-interest ahead of his judicial oath and the wellbeing of the women in his life.

Harrap stared blankly ahead as, on Friday, he was led from the dock of the District Court to the cells beneath Victoria Square to begin his prison term.

Judge Paul Slattery said nothing less than immediate imprisonment was appropriate for a man who had broken all of his confidences just to avoid a driver’s licence disqualification.

He said suspending the sentence or imposing home detention would serve only to further undermine the public’s confidence in the justice system, already eroded by Harrap.

“As a magistrate, you made a solemn oath to do right to all manner of people without fear or favour, affection or ill will,” he said.

“On three separate occasions, you deliberately ignored your solemn oath.

“The hallmark of your offending behaviour was your focus upon your own self-interest to the exclusion of the women involved in your offending, over whom you had various levels of influence and power.”

He declined to impose convictions upon former clerk Melanie Jane Freeman and lawyer Catherine Jayne Moyse, noting the emotional influence Harrap had over them.

However Harrap’s partner – fired SA Police prosecutor Abigail Foulkes – was convicted and placed on a 12-month good behaviour bond.

Judge Slattery said that, like Harrap, Foulkes had a higher responsibility to the public – and had let it down.

“You always knew Harrap was asking you to commit an offence and you never actually said no … you blithely accepted it,” he said.

“It remained your decision not to rebuff Harrap … you assisted him to commit a crime, even though you knew from the outside that the conduct was criminal.”

Melanie Jane Freeman. Picture: Kelly Barnes.

Abigail Foulkes. Picture: Kelly Barnes.

Harrap pleaded guilty to corruption offences over his attempts to avoid demerits for speeding in his government-issued car.

Freeman, his former clerk, admitted handing over her driver’s licence so Harrap could lie about who was driving, and said her then-boss “groomed” her to do so.

Foulkes, his partner, admitted assisting Harrap to deceive a court staffer as to who was driving his car on a different occasion.

Harrap also pleaded guilty to offences committed alongside Moyse – the daughter of infamous corrupt police officer Barry Moyse – involving a conflict of interest in the hearing of a case.

He asked the court for mercy, saying it would be “heartless” to jail him and that he’d needed to keep his licence for the sake of his youngest daughter, who has a disability.

Both prosecutors and Harrap’s eldest daughter disputed that claim, however, calling it a “significant exaggeration” that proved jail was needed to “personally deter” him.

Catherine Jayne Moyse. Picture: Mark Brake.

In sentencing on Friday, Judge Slattery told Foulkes he accepted she had struggled, throughout her life, with a desire to make people happy but said that was no defence for her actions.

He said she was a senior, experienced and respected police officer who knew her duty, regardless of any emotional pressure exerted by Harrap.

He said Moyse asked Harrap for his advice in how to appeal a client’s licence disqualification.

She repeatedly raised concern about Harrap then hearing the appeal, but he told her there was no issue and had the matter transferred into his court.

Judge Slattery said Moyse’s offending was born of her “inexperience” with criminal cases and her “imperfect understanding” of Harrap’s role.

He said there was an “improper professional and personal power imbalance” between her and Harrap, leaving her with a “destructive obedience” toward him.

“You were adversely influenced and personally misled by a trusted authority figure in your life,” he said.

Judge Slattery said Freeman also relied upon Harrap for job security, and he abused that – and his knowledge of her personal problems – to his benefit.

He said the pressure exerted by Harrap exacerbated to bullying, “lewd and inappropriate” behaviour and “highly-suggestive”, unwanted and unreturned sexual advances.

“You were a vulnerable target for Harrap … I am satisfied he was grooming you to agree to the request he was making,” he said.

“He exploited your dependence on him to place emotional pressure on you … you were bullied, harassed and taken advantage of … he crossed the boundary or propriety with you.”

Judge Slattery told Harrap that his actions toward Freeman were “particularly egregious” and worthy of penalty.

“Given the position you were in, your conduct was so egregious and opportunistic, so lacking in judgment and so serious that good reason does not exist to suspend your sentence,” he said.

Harrap will be eligible to seek release on parole in December next year.