Top prosecutor appeals $500 fine after blowing nearly three times the limit

One of the state’s top police prosecutors has blamed six months off the booze and gastric sleeve surgery for blowing nearly three times over the limit.

• Region’s new shopping centre opening date revealed
• Narrellen Rd driver nearly four times over the limit

One of the state’s top police prosecutors has blamed six months off the booze and gastric sleeve surgery for blowing nearly three times over the limit.

It comes as never before released police facts, revealing 49-year-old Senior Sergeant Garry John Rowe was pulled over after nearly running a red light and driving without his headlights in the middle of the night.

Rowe pleaded guilty to mid-range drink-driving in Campbelltown Local Court this morning, where he was convicted, fined $500 and given a mandatory interlock order of six months.

Police prosecutor Senior Sergeant Garry Rowe leaving Campbelltown Local Court after being convicted for drink-driving. Picture: Daniel McGookin

Despite escaping a lengthy driving ban, a maximum fine of $2,200 or even jail, the prosecutor immediately appealed the severity of the sentence.

An agreed set of police facts tendered in court revealed officers were travelling southbound on Hurley St when they noticed a blue Toyota C-HR SUV pull out of a car park in Campbelltown’s CBD about 1.20am on Sunday, February 3.

The officers followed the vehicle, which proceeded to travel about 300m down the road with “with no headlights illuminated or rear tail lights”.

“As the vehicle approached the intersection, with traffic lights of Hurley and Dumeresq streets, Campbelltown, the traffic signals had changed to amber, with the blue Toyota C-HR failing to stop,” an agreed statement of facts read.

Officers activated their lights and pulled him over.

SenSgt Row faced Campbelltown Local Court this morning. Picture: Robert Pozo

“Police observed the accused to have blood shot eyes and smelt of intoxicating liquor.

“Police questioned the driver if he had been drinking earlier to which he stated `Yeah, I’ve had about four to five ciders. My last one was about three minutes ago’.”

The officers waited the 15 minute observation period before breath testing him.

It returned a positive reading and he was taken to Campbelltown Police Station.

Sen Sgt Rowe was submitted to a breath analysis which returned a reading of 0.145 — nearly three times the legal limit.

That’s when he fessed up about the extent of his boozy night at the Court Tavern.

Sen Sgt Rowe when he was President of the Camden District Cricket Association before gastric sleeve surgery.

“In relation to the accused’s drinking, he stated to police that he had consumed six to seven schooner glasses of cider between 6.50pm and 1am,” the fact read.

His solicitor told the court it was the first time Sen Sgt Rowe had “alcohol of that nature” since undergoing a gastric sleeve operation in June.

He said Sen Sgt Rowe “did not understand the ramifications” the procedure would have on his body’s ability to process alcohol, resulting in the higher reading than would be expected from six ciders over a six and a half hours.

SenSgt Rowe’s solicitor told the court he cared for his 91-year-old mother, was involved in “special prosecutions” which took him all over the state and was heavily involved in local cricket being a past president of Camden District Cricket Association.

However Magistrate Alex Mijovich said SenSgt Rowe’s driving record, which was littered with minor speeding matters, “did not assist him”.

Mr Mijovich said the government stopped advertising the “two in the first hour and one every hour” drink-driving guide back in “2002 or 2003”.

“I still have not been told why you decided to get behind the wheel,” Mr Mijovich said.

“I could not detect anywhere (in the material provided to the court) to what extent that surgery would affect the alcohol coming into your system and what’s coming out.”

SenSgt Rowe is one of the NSW Police’s heavy hitters when it comes to prosecuting serious crimes in the Local Court, regularly being called on to take down outlaw bikies, drug syndicates and violent offenders.

In 2017, Sen Sgt Rowe successfully convicted Australian Olympic shooting champion Michael Diamond of drink-driving and firearms offences, which were later quashed on appeal.