Judge scathing of ‘extraordinary’ police conduct in breatho arrest

A JUDGE has urged a drink-driver to seek answers from police for their ‘absolutely extraordinary’ behaviour after they handcuffed her and bundled her into a paddy wagon following a breath test

An aspiring teacher has avoided a drink-driving conviction following confusion in the Darwin Local Court about whether she had a criminal record.

A LOCAL Court judge has urged a drink-driver to seek answers from police who handcuffed her and bundled her into a paddy wagon following a breath test earlier this month.

In pleading guilty to driving with a blood-alcohol content of 0.109, Marie-Claire Bassett, 49, told the court she had been advised by legal aid to make a complaint about her treatment and Judge John Neill urged her to accept that advice.

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Mr Neill was scathing of the handling of Bassett’s arrest on October 13, describing the officers’ behaviour as “absolutely extraordinary”.

“The circumstances are both very typical but also unusual at the same time, what’s typical is people, who for various reasons enjoy a drink, fail to appreciate that they’re over the limit and drive,” he said.

“What was atypical was the way that she was dealt with, she was handcuffed and put into the back of a paddy wagon which is, on what I know about the matter so far, absolutely extraordinary behaviour.

“Ms Bassett, it seems to me you should accept the advice you have been given and inquire further into why you were dealt with in that fashion.”

Bassett, who was self-represented, said she didn’t realise she was over the limit at the time and was “excited” at having just been granted registration to teach remotely in the NT.

Mr Neill elected not to record a conviction based on Bassett’s previously good character and imposed a fine of $465.

However, a short time later Bassett returned to court to ask Mr Neill to revoke a Banned Drinker Order issued by police at the time of her arrest.

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The application was initially opposed by prosecutor Patrick Berends as “there’s a prior conviction in NSW from 2008”.

“No, there isn’t,” Mr Neill replied.

“You just told me that you were confused about that, you certainly told the court that there were no prior convictions.”

Mr Berends told the judge he had “nothing further to add” and Mr Neill revoked the order.