Vic: Wayward magistrate convicted

AAP General News (Australia)
04-07-2010
Vic: Wayward magistrate convicted

By Melissa Iaria

MELBOURNE, April 7 AAP - Victorian magistrate Raffaele Barberio has been convicted
and placed on a good behaviour bond over a neighbourhood dispute over dog faeces.

Barberio, 60, appeared in the Moorabbin Magistrates' Court on Wednesday and pleaded
guilty to one count each of assault and criminal damage.

The court heard Barberio was out walking his German Shepherd dog in the Melbourne bayside
suburb of Brighton in March last year when it defecated on the nature strip and he kept
on walking.

He was confronted by the driver of a gold Range Rover who challenged Barberio over the faeces.

There was a brief scuffle during which the magistrate tried to strike the driver with his fist.

The driver was not injured and his wife called police.

Seven months later, Barberio used a key or similar object to cause over $9,000 damage
to the complainant's car.

Barberio's lawyer Robert Richter, QC, asked the magistrate not to impose a conviction.

Mr Richter said Barberio was grieving the loss of his mother when the first incident
occurred and had given a life of service to the community.

But prosecutor Greg Elms said a conviction should be in the range of options.

The court heard the vandalism incident happened just after Barberio received the prosecution
brief relating to the earlier assault.

Magistrate Paul Cloran said that on the charge of criminal damage a conviction should
be recorded because the offence was serious.

He said instinct must have told Barberio not to take part in the "payback" incident
in which he damaged the car and the fact that he was a magistrate didn't mean he should
be treated differently to any other member of the community.

On the charge of assault, Mr Cloran placed Barberio on a 12 month good behaviour bond
and on the charge of criminal damage he was placed on a two year good behaviour bond.

He was also ordered to pay $7,500 in damages to the court fund.

The magistrate said the same leniency would not be shown to Barberio if he fronted
the court again.

AAP mi/jxt/pmu/it/de

KEYWORD: BARBERIO UPDATE

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