Victorian Liberal MP Tim Smith resigns after Hawthorn car crash, drink driving

Victorian Liberal leader ‘exceedingly angry’ as key ally Tim Smith blows twice the legal limit after drunken crash.

Victorian MP Tim Smith. Picture: NCA NewsWire/David Crosling

Victorian Liberal MP Tim Smith has quit the state parliament’s shadow cabinet after a drunken car crash saw him collide with another vehicle and hit the the side of a house in Melbourne’s east.

State Opposition Leader Matthew Guy said he was “exceedingly angry and disappointed” with Mr Smith after his key ally had his licence suspended by police after blowing 0.131, more than twice the legal limit, after the crash on Power St in Hawthorn at about 9pm on Sunday.

Mr Guy opted not to replace Mr Smith in his shadow cabinet when unveiling a reshuffle on Sunday, prompting speculation within the party he was leaving the door open for the return of his staunchest ally.

The resignation of Mr Smith as legal affairs spokesman comes as the opposition mounts a campaign against the Andrews government’s proposed pandemic legislation, which he had been spearheading.

In a statement, Mr Smith said he had made a “serious error of judgment”. He believed he was right to drive after having dinner with friends but “This was not the case … I was breath-tested and returned a positive reading. I have been fined under the Road Safety Act and my licence has been suspended for 12 months.

“I apologise to my constituents, my colleagues, my family and the people of Victoria, who expect their elected representatives to uphold the highest standards of behaviour.”

A Victoria Police spokeswoman said Mr Smith was taken to a police station after testing positive for alcohol, where he recorded an evidentiary breath test reading of 0.131.

No one was injured. Photos of the crash show a smashed car while a stop sign almost split in two remained on the ground near the Power St house on Sunday.

Mr Smith has been a fierce critic of the government’s handling of the pandemic, making him a polarising figure in Victoria.

He was promoted to legal affairs spokesman and finance spokesman after Mr Guy’s return as Liberal leader in September and reined in his commentary as the opposition moved towards a more constructive pandemic role.

On Sunday, Mr Guy said ­Opposition Deputy Leader David Southwick would take over as fin­ance spokesman while children and students spokesman Matt Bach would take on legal affairs.

“These changes will ensure the recovery of lives and livelihoods remains front and centre, as Victoria rebuilds after 18 months in and out of harsh Covid lockdowns,” he said. “I remain exceedingly angry and disappointed with Tim Smith’s actions and have conveyed my thoughts to him in no uncertain terms.”

A former school principal, Mr Bach, like Mr Smith, does not have a legal background and his promotion comes as the Liberals attack the government’s pandemic legislation.

Critics fear the laws, which would allow Premier Daniel Andrews to declare a state of emergency in three-month blocks, transfer the power to decree health orders from the chief health officer to the state minister and introduce tough penalties, giving the state government unprecedented powers.

There are only three Victorian Liberals in parliament with a legal background – Mr O’Brien, Edward O’Donohue, who served as legal affairs spokesman in Mr O’Brien’s cabinet, and Neale ­Burgess – although James Newbury has a juris doctor and is a masters in business law.

While some party members believe Mr Smith should now quit politics altogether, others are more forgiving on the 38-year-old, saying he had recognised he had made an error.

Josh Frydenberg is reportedly furious with Mr Smith, according to Liberal sources. Senior party officials are in furious debate about the Kew MP’s future, with many suggesting he will not survive without the backing of the federal ­Treasurer.