A senior NSW judge has pleaded guilty after recording a blood alcohol reading of 0.168 after a serious accident in which he collided with two cars and a truck.
Acting Appeal Court judge, Justice Roderick Howie, was planning to drive to the central coast at 9:30am on May 19 when he failed to give way to a B-Double truck, according to a police statement of facts tendered in Ryde Local Court this morning.
He then mounted the footpath before crossing onto the other side of the road into oncoming traffic, colliding head on with a car coming the other way and sending it into a third car travelling in the same direction.The driver of the car that Justice Howie hit head on was taken to hospital with neck pain but did not suffer serious injury.
Officers who attended the accident say the judge was "unsteady on his feet, his face was flushed and his eyes watery".
Justice Howie was charged with driving under the influence and had his licence immediately suspended.
Justice Howie reportedly told police that he had consumed a bottle of red wine between 7pm and 11pm the night before the accident.
He did not attend Ryde Local Court this morning, with his lawyer telling the local magistrate his client had gone to Japan for a holiday.
The local magistrate appeared less than impressed saying that "the facts show a serious accident has occurred, whoever the accused might be I would expect the accused to be before the court".
Acting Appeal Court judge, Justice Roderick Howie, was planning to drive to the central coast at 9:30am on May 19 when he failed to give way to a B-Double truck, according to a police statement of facts tendered in Ryde Local Court this morning.
He then mounted the footpath before crossing onto the other side of the road into oncoming traffic, colliding head on with a car coming the other way and sending it into a third car travelling in the same direction.The driver of the car that Justice Howie hit head on was taken to hospital with neck pain but did not suffer serious injury.
Officers who attended the accident say the judge was "unsteady on his feet, his face was flushed and his eyes watery".
Justice Howie was charged with driving under the influence and had his licence immediately suspended.
Justice Howie reportedly told police that he had consumed a bottle of red wine between 7pm and 11pm the night before the accident.
He did not attend Ryde Local Court this morning, with his lawyer telling the local magistrate his client had gone to Japan for a holiday.
The local magistrate appeared less than impressed saying that "the facts show a serious accident has occurred, whoever the accused might be I would expect the accused to be before the court".
(Extract from Sydney Morning Herald 22/6)
醉駕是嚴重的刑事控罪，這宗是撞車引致有人受傷的案件，比一般RBT(random breath test)更嚴重，大法官以身試法，還把地位低的裁判官視為無物，完全不放在眼內。換了是標少，如果身為被告，定必羞愧難當，戰戰兢兢，那敢去外遊。刑事案由律師代表上庭認罪，恕標少見識太少，印象中從未見過。被告如屬初犯，即時判囚的機會不會太大，但是畢竟是刑事案，判囚是法例其中一個選擇，被告不能缺席。身處高位的被告矮化了法治的精神，以為自己地位凌駕法律，才會以這輕藐態度來處理。萬一上庭日期凑巧要處理其他重要事情，理應由代表律師發信給裁判官申請押後，而並非罔自尊大，自顧外遊而去。
如果標少是原審裁判官，定必考慮發出拘捕令，原因是被告外遊並非不出席的合理理由。如果缺席的不是大法官，而是小市民，你認為裁判官會發出拘捕令嗎？所有法官在宣誓就任時所讀誓章Judicial Oath內容，不就是使用了大憲章Magna Carta裏的without fear or favour這一句嗎？法治能否彰顯，除了有健全公平的制度，法律之前人人平等外，不論其中擔當甚麼角色的人，要真正心存法治，表裏如一，才能夠講得響亮，使人信服。
The clarification this afternoon from SMH shows that Howie was actually an Acting Supreme Court judge instead of Acting Appeal Judge. He retired last year and then was re-appointed to sit in the Supreme Court. It is just like a retired High Judge or Court of Appeal Judge in HK sitting as a Deputy High Judge after retirement. Deputy Judge Stuart-Moore is an example.
回覆刪除In the instant case, his appointment should be terminated following this incident. It was also reported that he has 7 speeding records and previously criticized magistrates being too lenient dealing with drink drive cases. He has now slapped his own face.
What he should have done was to apply for an adjournment to avail his presence in court instead of sending a solicitor to enter a plea on his behalf.
Dear Sir,
回覆刪除Thank you very much for your high-quality sharing and comments from which I have benefited a lot. As to your remark 刑事案由律師代表上庭認罪，恕標少見識太少，印象中從未見過。What about OWEN John Inglis v LOH Lai-kuen, Eda, HCAL 74/2004?
Grateful again for your high-quality work.
With best wishes,
Tony Chiu, a layman interested in criminal law
Dear Tony,
回覆刪除Eda Loh's case went up on appeal to Court of Appeal and was heard by Chief Judge Geoffrey Ma (as he then was)and he delivered the judgment. Eda Loh's case dealt with a summons case. Drink drive in HK is an indictable offence and can be dealt with summarily. So the rationale in Eda Loh's case does not apply. The case limits to summons case only. Eda Loh dealt with the Speeding case in Shatin. Owen originally PNG and after seeing the calibration report and after several adjournments, he reversed his plea and sent a solicitor to court on his behalf. Sorry I did not check the case again. Please search the same case and read the Court of Appeal judgment. I hope my memory does not fail me. Thank you for your feed back.
Dear Sir,
回覆刪除Thanks a lot for your speedy reply. Yes, you are right -- I have just read the CA judgment CACV341/2004, which I was not aware of before. Thanks indeed. Hope you can write more, so we could learn more from you. With best wishes.
Tony
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