Former SA magistrate Bob Harrap put pressure on girlfriend and clerk to avoid speeding fines, court hears
The huge pressure ex-magistrate Bob Harrap placed on his lover, and clerk, to avoid speeding fines has been revealed – as claims about his ties to his disabled daughter are disputed.
Police & Courts
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Former magistrate Bob Harrap groomed and exerted “inordinate emotional pressure” on his girlfriend and clerk to avoid speeding fines, then “overstated” his ties with his disabled daughter to avoid jail, a court has heard.
On Tuesday, counsel for his partner, SA Police prosecutor Sergeant Abigail Foulkes, and his clerk, Melanie Jane Freeman, urged the District Court to spare their clients’ convictions and penalties for participating in Harrap’s corrupt actions.
They said the duo had “derailed” their lives by giving in to Harrap’s repeated demands they take the rap for his poor driving – demands made by placing them in “invidious positions”.
The court also heard Harrap’s ex-wife and eldest daughter contest his claim that jailing him will negatively affect his younger daughter, who has a severe disability.
They also want access to a suppressed psychological report in which Harrap discusses their daughter, so that they can know exactly what he has claimed.
Freeman, 46, pleaded guilty to one count of having deceived another person to benefit Harrap.
She admitted handing over her driver’s licence so Harrap could lie about who was driving his government-issued car when it was detected committing a traffic offence.
Foulkes, 48, is Harrap’s partner – she admitted assisting him to deceive a court staffer as to who was driving his car on a different date, sparing him demerit points.
She is currently on administrative leave, pending the outcome of the case.
Harrap, 61, has pleaded guilty to those offences, as well as offences committed alongside lawyer Catherine Jayne Moyse, 49.
In September, Harrap – who resigned after he was charged – asked the court to spare him jail, saying it would be “heartless” to imprison him for his offending.
He claimed his corruption was spurred by the need to keep his licence for the sake of his daughter.
On Tuesday, prosecutor Peter Longson told Judge Paul Slattery that Harrap’s eldest daughter had filed an affidavit in opposition to that claim.
“When Your Honour takes into account what’s in the affidavit, it’s our respectful submission that it’s open to Your Honour to find (Harrap’s claim) has, to be polite, been overstated,” he said.
Kris Handshin, for Foulkes, said his client’s actions should be viewed in the context of the “emotional pressure exerted” by Harrap within the “complicated dynamics of a relatively new relationship”.
“She was a reluctant participant in the deception... it was a plan devised by Harrap for his benefit, not initiated by her,” he said.
Harrap, he said, sent Foulkes a text message asking for her licence and, though “not thrilled” about the request, she had “reluctantly acceded” – fully aware of his intentions.
“She was put in an invidious position, one she should not have been put in by her partner – but she did make the choice to do it,” he said.
“She accepts responsibility for that, and for the devastating consequences... these events have completely derailed her life.
“To her unrelenting disappointment and shame, she has committed an act that’s unfaithful to everything she’s stood for in her 18 years as a police officer.”
Claire O’Connor SC, for Freeman, said Harrap had earlier asked her client for her licence in regard to a different speeding fine.
“He said to her words to the effect of, ‘Why were you going so fast in my car?’ and said he was nearing maximum points... he was suggesting she take responsibility for that offence,” she said.
“She told him it was a serious matter and it was illegal... she also spoke to her supervisor... Harrap got a bond (for that offending).”
Ms O’Connor said Harrap approached Freeman again, after his offending with Foulkes.
“He explained he had already had his partner take his points, that she was very unhappy and he couldn’t ask her again, and put pressure on her to just give him her licence,” she said.
“She again refused, and again told her supervisor (but) eventually succumbed to what she saw as inordinate pressure from Harrap.”
She said her client relied on Harrap to maintain her position at the Christies Beach Magistrates Court, because its proximity to her home was essential for caring for her family.
“My client is a person who was under a great deal of work-related stress, particularly because of the stress in the working environment with Harrap,” she said.
“The pressure and grooming that Harrap conducted on her, in relation to his conduct toward her, explains why she chose to do this offending.”
Both Mr Handshin and Ms O’Connor asked their clients be spared both convictions and further penalty for their actions.
Judge Slattery remanded them on continuing bail for sentencing later this month.