Former SA magistrate Bob Harrap pleads guilty to corruption charges in just his second appearance before court
Disgraced former magistrate Bob Harrap has pleaded guilty to corruption charges filed by ICAC at just his second court appearance – opening the path to a big sentencing discount. Two of his co-accused have also pleaded guilty.
Police & Courts
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Former magistrate Bob Harrap has pleaded guilty to corruption charges – guaranteeing himself up to 40 per cent off his eventual sentence.
On Monday, at just his second court appearance, Harrap pleaded guilty to two counts of deceiving another to benefit himself and one count of conspiracy to abuse public office.
His extremely early guilty pleas mean the only question remaining is whether Harrap – once considered a top seed to become SA’s chief magistrate – will go to jail.
While his offences carry a maximum prison term of seven years, his demonstrated contrition may make him eligible for home detention or a suspended sentence.
His pleas also resulted in prosecutors dropping a fourth, more serious charge – the offence of conspiring to pervert the course of justice.
Also on Monday, two of Harrap’s co-accused pleaded guilty to corruption charges.
His former clerk, Melanie Jane Freeman, admitted providing Harrap with her driver’s licence so he could claim she was driving his government-issued car when it was detected committing a traffic offence.
Freeman’s identity had been suppressed since her arrest – that secrecy order lapsed on Monday.
Defence lawyer Catherine Jayne Moyse, meanwhile, pleaded guilty to a charge relating to Harrap presiding over a court case to which, investigators alleged, he had a personal connection.
The final person accused, SA Police prosecutor Sergeant Abigail Rebecca Foulkes, did not enter pleas on Monday and her case will return to court next week.
While her counsel appeared on her behalf, she did not appear in court in person.
Harrap was charged on June 29 following an ICAC investigation., leading to his first court appearance on July 6.
Investigators alleged that, on May 19 at Christie Downs, Harrap and Sergeant Foulkes deceived a Courts Administration Authority staff member.
They alleged the duo misrepresented who was driving Harrap’s taxpayer-issued government car when it committed a traffic offence at 6.13pm on March 24.
ICAC further alleged Harrap and Freeman committed a similar offence on May 22 by misrepresenting who was driving Harrap’s car at 3.36pm on April 11.
In both cases, Harrap allegedly benefited by avoiding the loss of demerit points and “a subsequent period of disqualification from driving”.
ICAC further accused Harrap and Moyse of conspiring to attempt to pervert or obstruct the course of justice.
Moyse is the daughter of former SA Police officer Barry Moyse who was, in 1988, jailed for 21 years following a corruption and drug trafficking investigation.
Investigators alleged that both offences happened between May 10 and May 29 and involved the court case of a person named Hamish Nicholas James.
They further alleged that, by involving himself in that case, Harrap abused his public office.
Two days after facing court, Harrap resigned from the bench.
Harrap graduated from the University of Adelaide’s School of Law as part of the prestigious “Class of ‘81” that has come to define SA’s legal scene in the 21st century.
His peers included Chief Justice Chris Kourakis, Chief Judge Michael Evans, Judge Rauf Soulio and former Attorney-General John Rau SC.
Fellow magistrates Mary-Louise Hribal, Koula Kossiavelos and Maria Panagiotidis were also classmates, as was SA and Commonwealth politician Nick Xenophon.
During his time at the bench, Harrap served as one of the more senior magistrates and was entrusted for a time with writing the courts’ duty rosters.
When the state’s former chief magistrate, Judge Elizabeth Bolton, was forced to retire in 2015 due to ill health, Harrap was widely touted as a potential successor.
Ms Hribal was named to the role, in which she continues to serve to this day.
On Monday, counsel for Freeman asked Judge Stephen McEwen – who was specially appointed to hear the case – to head submissions and sentence their client.
Claire O’Connor SC, for Freeman, prosecutors had agreed her client played only a minor role in the offending.
“Freeman has co-operated and provided statements to the prosecution, enabling them to use her as a witness,” she said.
“Her plea is on the basis she aided and abetted the principal offender, Harrap, knowing he would receive a benefit but she would receive no benefit at all.
“She provided her driver’s licence to Harrap so he could use it to lie to the authorities.”
Judge McEwen declined to expedite the matter, saying he would consider the case’s future path next week when Foulkes attended court.
He adjourned the matter until then, but also ordered Harrap and Moyse face the District Court in September to set a date for sentencing submissions.