ID :
67701
Thu, 06/25/2009 - 20:05
Auther :
Shortlink :
http://m.oananews.org//node/67701
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Magistrate to resign amid ticket probe
A Melbourne magistrate told officials her father was driving her speeding car
because she risked losing her licence, a report has found.
Magistrate Carmen Randazzo on Thursday announced that she would resign following the
report which said her conduct "destroyed confidence" in her ability to discharge her
duties.
The report by retired Supreme Court Justice Alex Chernov said Ms Randazzo had a
motive to name her father as the driver because she would have lost her licence if
she incurred any more demerit points.
On February 7 and 11, 2008, Ms Randazzo was caught speeding in her departmental car
when she was travelling to the Sunshine Magistrates Court in Melbourne's west.
She told justice department officials her father Nino Randazzo, a member of the
Italian senate, was driving on both occasions.
After doubts were raised by a departmental official and in the media, Victoria's
chief magistrate Ian Gray asked Mr Chernov to investigate the matter.
Mr Chernov said that while he could not be satisfied to the "requisite standard"
that Ms Randazzo had made the nominations fraudulently, he did not accept she had a
"considered belief" that her father was the driver.
"In my view, the conduct fell well short of the acceptable standard of judicial
behaviour," he wrote in the report.
"I consider that the magistrate's impugned conduct here was at least grossly
careless and was probably reckless, such as to fall below the standard that can be
properly demanded of a judicial officer."
Mr Chernov described the conduct as "morally wrong" and action should be considered
against Ms Randazzo.
"The magistrate had a motive to nominate her father in her place in any event, given
that, as at 19 March, she must have realised that she had potentially accumulated 14
demerit points," he wrote.
"She would also have known that those circumstances would give rise to the
likelihood or her being disqualified from driving for three months and, almost
certainly to practical and reputational problems to herself and the court."
A driver can lose their licence after 12 demerit points.
Announcing she would resign, Ms Randazzo's lawyer Peter Ward described his client as
a highly regarded individual and a well respected magistrate.
"Ms Randazzo has made it clear that she does not want the reputation of the court to
be undermined or tarnished in any way and therefore intends to tender her
resignation," he said.
"Ms Randazzo at no stage intentionally sought to mislead anyone in relation to this
matter."
He said his client was under a great deal of personal strain at the time.
In a statement, Mr Gray said he had been advised by the police Chief Commissioner
Simon Overland that no charges would be laid against Ms Randazzo relating to the
matter.
Ms Randazzo's resignation came as Attorney-General Rob Hulls announced a panel of
judges would investigate the matter.
because she risked losing her licence, a report has found.
Magistrate Carmen Randazzo on Thursday announced that she would resign following the
report which said her conduct "destroyed confidence" in her ability to discharge her
duties.
The report by retired Supreme Court Justice Alex Chernov said Ms Randazzo had a
motive to name her father as the driver because she would have lost her licence if
she incurred any more demerit points.
On February 7 and 11, 2008, Ms Randazzo was caught speeding in her departmental car
when she was travelling to the Sunshine Magistrates Court in Melbourne's west.
She told justice department officials her father Nino Randazzo, a member of the
Italian senate, was driving on both occasions.
After doubts were raised by a departmental official and in the media, Victoria's
chief magistrate Ian Gray asked Mr Chernov to investigate the matter.
Mr Chernov said that while he could not be satisfied to the "requisite standard"
that Ms Randazzo had made the nominations fraudulently, he did not accept she had a
"considered belief" that her father was the driver.
"In my view, the conduct fell well short of the acceptable standard of judicial
behaviour," he wrote in the report.
"I consider that the magistrate's impugned conduct here was at least grossly
careless and was probably reckless, such as to fall below the standard that can be
properly demanded of a judicial officer."
Mr Chernov described the conduct as "morally wrong" and action should be considered
against Ms Randazzo.
"The magistrate had a motive to nominate her father in her place in any event, given
that, as at 19 March, she must have realised that she had potentially accumulated 14
demerit points," he wrote.
"She would also have known that those circumstances would give rise to the
likelihood or her being disqualified from driving for three months and, almost
certainly to practical and reputational problems to herself and the court."
A driver can lose their licence after 12 demerit points.
Announcing she would resign, Ms Randazzo's lawyer Peter Ward described his client as
a highly regarded individual and a well respected magistrate.
"Ms Randazzo has made it clear that she does not want the reputation of the court to
be undermined or tarnished in any way and therefore intends to tender her
resignation," he said.
"Ms Randazzo at no stage intentionally sought to mislead anyone in relation to this
matter."
He said his client was under a great deal of personal strain at the time.
In a statement, Mr Gray said he had been advised by the police Chief Commissioner
Simon Overland that no charges would be laid against Ms Randazzo relating to the
matter.
Ms Randazzo's resignation came as Attorney-General Rob Hulls announced a panel of
judges would investigate the matter.