John Della Bosca blamed ADHD meds for mid-range drink-driving on Central Coast court hears

Former NSW Minister John Della Bosca blamed ADHD medication for “feelings of elevation” that made him jump behind the wheel after drinking only to fall asleep in a carpark, a court has heard.

Former NSW Minister John Della Bosca, who was once touted as a future Premier, has applied to have a charge of mid-range drink-driving dismissed under mental health provisions.

The 65-year-old appeared at Gosford Local Court on Wednesday where his solicitor Lee Pawlak applied to have the charge dismissed.

He told the court Della Bosca had been on bipolar and ADHD medication at the time and tendered a psychologist’s report, which found a “nexus” between his mental health condition and his offending.

Mr Pawlak said Della Bosca had been gardening at his Woy Woy Bay home with his wife on September 18 before a neighbour came over for dinner and they consumed some alcohol.

Former NSW Labor Minister John Della Bosca arriving at Gosford Local Court, charged with mid-range drink-driving. Picture: Sue Graham

“He rapidly felt feelings of elevation, he felt compelled to get out ... he drove,” Mr Pawlak told the court.

“It’s significant he was not driving to any particular place.”

The court heard Della Bosca drove up to a service station at Kariong, about 10 minutes away, where he parked the car and “fell asleep”.

Mr Pawlak said “the next thing he knew” police were at the side of the car.

An agreed statement of police facts states Della Bosca was driving a grey Jeep SUV on Woy Woy Rd about 11.15pm on Saturday, September 18.

“Police received information about the accused’s manner of driving,” the facts state.

“Police sighted the accused stationary in the car park at the Shell service station on the Central Coast Highway, Kariong. The vehicle was still running with it’s headlights on.”

Della Bosca fell asleep in his Jeep with the headlights on and the engine still running. Picture: Sue Graham

Della Bosca did not have his licence on him and he was taken back to Gosford Police Station where he recorded a blood-alcohol level of 0.108 — more than double the limit.

“The accused was unsteady on his feet and smalt of intoxicating liquor,” the facts state.

“The accused states that between 7pm and 10pm that day, he consumed one beer and four self poured glasses of red wine.

“The accused also stated he consumed beef brisket and vegetables during that time.”

Mr Pawlak told the court Della Bosca has since spent three weeks as an inpatient at St John of God’s where he underwent psychological counselling and his ADHD and bipolar medication was changed to a “non-stimulant” kind rather than a stimulant.

He said the psychological report found there was a direct link between Della Bosca’s mental health comorbidity, the type of medication he was using and his “disinhibition” to drive after drinking.

The court heard there was a link between his medication, his condition, drinking and driving. (AAP Image/Nikki Short)

He submitted the purposes of sentencing could serve both the community and Della Bosca’s rehabilitation by way of “diversion” into a treatment plan under the mental health provisions.

However the police prosecutor argued it was a “serious matter” and his reading of 0.108 was “well into the mid-range”.

The prosecutor said Della Bosca’s traffic record “does not assist him” and his mental health treatment could continue if he was sentenced “at law” rather than diverted under mental health laws.

Magistrate Scott Nash said the link identified by the psychologist, Della Bosca’s change of circumstances and ongoing treatment, and the fact he had never applied to have a matter dealt with under mental health laws, weighed in favour of him granting the application.

(AAP Image/Nikki Short)

However he ultimately found the seriousness of the offending, being double the legal limit, and his need to send a message of deterrence to the community about drink-driving “outweighed” the making of such an order and the application was dismissed.

He convicted Della Bosca and disqualified him from driving for three months, backdated to September 18 when his licence was confiscated by police.

He also put him on an interlock order for a further 12 months and fined him $600.

“I accept without question you’re a person of good character,” Magistrate Nash said.

“You’re a good person who has just done the wrong thing on the 18th of September.”

SECOND TIME OFF THE ROAD

It is not the first time the former Health Minister has lost his licence after he revealed in May 2008 he lost his probationary licence for six months.

At the time he issued a statement saying he had moved onto a probationary licence after accumulating too many demerit points for “under-15km/h speeding infringements”.

“Regrettably I have now received another infringement notice,” the statement said.

It was revealed Della Bosca received seven infringements in 11 months and he publicly put the fines down to speed cameras in the M2 tunnel.

He was in charge of the Motor Accidents Authority at the time and courted further controversy when he delivered a foul-mouthed tirade at a Daily Telegraph journalist and photographer who photographed him riding a bicycle to work.

Then NSW Education Minister John Della Bosca leaves his mother's home in Leichhardt, Sydney on push bike heading towards the CBD, after losing his driver's licence.

In June of 2008 Della Bosca was embroiled in the “Iguana-gate” scandal following an infamous incident at the former Iguana Joe’s on Gosford waterfront with his wife and then federal Labor Robertson MP Belinda Neal., who allegedly told restaurant staff “don’t you know who I am?” when they were asked to leave.

Della Bosca stood down as Education and Training Minister while police investigated but the NSW Director of Public Prosecutions subsequently found there was insufficient evidence to support any charges and the couple were cleared of any wrongdoing.

The incident at the old Iguana Joes complex was dubbed “Iguana-gate”.

Meanwhile then Prime Minister Kevin Rudd ordered Ms Neal to undergo anger management counselling following the restaurant incident and reports she had been given a two match ban from playing for Umina United Soccer Club a month earlier after kicking an opponent.

Once touted as a future NSW Premier, Della Bosca resigned from the Health Ministry and politics in August 2009 following revelations of a six-month affair with a 26-year-old woman.