Three people who illegally crossed SA-Victorian border fined for COVID rules breach
Three people who breached the SA-Vic border, against pandemic rules, have been fined after claiming they crossed over for a fractured ankle. The Opposition says fines aren’t enough.
Police & Courts
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Three people who breached the SA border in violation of COVID-19 rules have told a court they were headed for a hospital – but then got tired and needed an “overnight stay”.
On Monday, counsel for Elissa Griffiths, her brother Matthew and their friend, Thomas Forster, asked the Adelaide Magistrates Court to spare them hefty fines for their conduct.
Elissa Griffiths, of Dareton in NSW, and Matthew Griffiths and Forster, both of no fixed address, appeared in court by video link with the City Watch House’s COVID-19 suite, wearing face masks and gloves.
However, Magistrate Rodney Oates said their behaviour was far too serious, imposing convictions as well as fines.
“I’m aware that imprisonment is not a sentencing option, and that the maximum fine is $20,000,” he said.
“It seems to me that, given the current circumstances, there’s a need to protect the community in these times.
“The breaches here were serious and, in my view, deliberate ... there has been a blatant breach by these defendants under very dubious grounds.”
The Griffiths, aged 32 and 36, and Forster, 35, were each charged with one count of failing to comply with a direction.
The trio were arrested at the Mawson Lakes Hotel, north of Adelaide, on Sunday afternoon.
The men were found a short distance from the hotel, sitting in a taxi, while patrols located the woman in Merchant Lane.
Police allege the group entered SA, and breached a COVID-19 direction, at Yamba on Sturt Highway, about 5pm on Saturday.
It is alleged they claimed one of them had a possible fractured ankle and needed urgent treatment, but never arrived at the medical facility they nominated to police.
The men were taken to the Royal Adelaide Hospital – where one was treated for a pre-existing ankle injury – while the woman was taken to the City Watch House.
On Monday, counsel for the trio said Matthew Griffiths, of no fixed address, had fallen off his motorbike and injured his ankle, requiring treatment.
However, due to “previous issues”, he was unable to attend Mildura Hospital and so had his sister and Forster take him across the border to the Riverland General Hospital.
Once over the border, they said, Matthew Griffiths “was feeling anxious” about attending that facility and directed Forster to drive him into the Adelaide CBD instead.
They said Elissa Griffiths then “became extremely tired” because of “issues in relation to travel”, leading to their attendance at the hotel and their arrests.
Mr Oates said none of that excused their actions, and that Forster should have exercised responsibility as the driver and stayed in the Riverland as directed.
He convicted all three and fined Elissa Griffiths $3000, and the two men $3600 each, Forster as the car’s driver and Matthew Griffiths as the instigator.
Shortly before 4pm the trio were loaded on to a mini-bus in a secure area of the City Watch House.
The mini-bus will travel, under police escort, back to Victoria via Yamba.
They will need to make their own arrangements to have their vehicle returned to Victoria.
Meanwhile, the State Opposition renewed its calls for the maximum penalty for breaching the border to be increased to prison time.
Opposition leader Peter Malinauskas said SA Police supported such a move.
“The Marshall Liberal Government must stop dragging the chain and support Labor’s plan to toughen up legislation to ensure COVID-19 law-breakers face the prospect of jail time,” he said.
“We are ready to make those changes in Parliament this week and the Liberals must be ready to join us in making these changes to protect South Australians.
“We must send a clear message about the seriousness of this crime and give the courts the power to jail COVID-19 law-breakers.
“South Australia has done very well in tackling the health impacts of COVID-19 and we need the deterrents in place to ensure people are not tempted to breach our tough restrictions.”
On Monday, Police Commissioner Grant Stevens told ABC Radio he would support a legislative change.