NSW: O'Shane adds to her list of "firsts"

AAP General News (Australia)
08-29-2008
NSW: O'Shane adds to her list of "firsts"

By Nicky Park

SYDNEY, Aug 29 AAP - High-profile NSW magistrate Pat O'Shane today added an embarrassing
"first" to her long list of achievements.

In Hornsby Local Court, Ms O'Shane was placed on a 12-month good behaviour bond after
escaping a conviction for drink driving.

She was charged with low-range drink driving on March 8 after being randomly breath
tested on Sydney's north shore.

She returned a blood alcohol concentration (BAC) of 0.08 when tested on Burns Bay Road
at Linley Point, but a later blood test at Chatswood recorded a result of 0.05 - the legal
limit.

She initially pleaded not guilty to the offence, but last month changed her plea.

Her lawyer Andrew Thorpe today said she was upset and embarrassed by her "mistake".

"She's upset, she's made a mistake, she knows she's made a mistake and she's embarrassed,"

he said outside court.

"She regrets profoundly driving whilst having a low range BAC but she is confident
that this is a one-off occurrence and will never re-occur."

Victorian Magistrate Peter Lauritsen, sitting in NSW specifically for today's matter,
took into account Ms O'Shane's "outstanding level of achievement" when he agreed not to
record a conviction against her.

"The number of firsts achieved by her is a relatively long list," Mr Lauritsen said.

The court was told Ms O'Shane was the first Aborigine to become a practising lawyer,
a magistrate, and a judicial officer in NSW.

She was also the first woman to head a government body.

Mr Lauritsen also noted the 67-year-old had received an honorary doctorate of laws
from three NSW universities.

"The number of achievements she has recorded in her life is impressive," Mr Lauritsen said.

Mr Thorpe told reporters his client had recorded many firsts in her life.

"But today she has recorded a first of a very different character, one that she's not
at all proud of - she was charged with drink driving," he said.

Ms O'Shane will remain on the bench, and Mr Thorpe said he did not expect today's matter
to affect her reputation.

"She feels that what has happened does not impact on her personal integrity and she
believes that she can continue to fulfil her role as a serving magistrate of this state
without any interference at all," he said.

Ms O'Shane's early guilty plea and near perfect driving record were also taken into
account by Mr Lauritsen.

She had only recorded two speeding fines in more than 50 years of driving, Mr Lauritsen noted.

He also considered that Ms O'Shane was only travelling a "moderate distance" to her
home in Hunters Hill, about 10 kilometres from the origin of her trip in Mosman, where
she admitted she drank three glasses of champagne.

Ms O'Shane's minimum sentence was "not a rarity", Mr Thorpe said.

She could have faced a maximum fine of $1,100 and six months without a licence.

Ms O'Shane made no comment outside court.

AAP nap/srp/mn

KEYWORD: OSHANE NIGHTLEAD (PIX AVAILABLE)

2008 AAP Information Services Pty Limited (AAP) or its Licensors.