Bob Harrap, a former SA Magistrate, stares aimlessly into the distance from the accused dock on Friday, 4 November 2020, when Judge Paul Slattery of the District Court of South Australia made his sentencing remarks.

Mr Harrap has been sentenced and will serve no less than 12 months in prison for deceptive conduct. Judge Slattery described Mr Harrap’s crimes as ‘egregious’ and ‘opportunistic’ which ‘struck at the very heart’ of the administration of justice.

“As a Magistrate, you made a solemn oath to do right to all manner of people without fear or favour, affection or ill will,” Judge Slattery said.

“On three separate occasions, you deliberately ignored your solemn oath.”

Mr Harrap appeared before the District Court following his admission to two counts of deception, one with respect to the use of his government vehicle and the other – abuse of public office.

The Magistrate endeavoured to avoid the loss of his driver’s license by lying about who was in control of the vehicle when speeding. He implicated his then-partner, a police prosecutor and his chamber (court) clerk.

The second charge relates to a court matter where he provided direction to another woman who was his former partner and a lawyer. Mr Harrap admitted to privately particularising a course that should be taken in that case. He then proceeded to ensure that he presided over the case as Magistrate. That conduct raises questions relevant to procedural fairness (natural justice) and impartiality. An ethical appreciation of those underlying principles is fundamental to the discharge of any judicial officer’s duty. The voluntary steps he took compromised due process.

Judge Slattery said in response: “The hallmark of your behaviour was your focus on your own self-interest to the exclusion of these women, [whom] you involved in this offending.”

The former Magistrate’s conduct strikes a serious and arrogant blow to the core of what is meant by the terms- the proper administration of justice. Let us not sugar coat the event. It is outright conspiracy and corruption at the highest of levels and it is akin to the Victoria Police and Nicola Gobbo debacle.

Judge Slattery accepted that Mr Harrap had destroyed his ‘career’, damaged his mental health, and runs a significant risk of being subjected to harm when in prison. That said, Judge Slattery also went on to say that the former Magistrate understood the contravening nature of his conduct given his position. He was aware of the risks associated with the offending if he was exposed.

In September 2020 the Prosecuter, Peter Longson said: “… as tragic as the circumstances are, they are not unique.  He would have known if he got caught what would happen to him. …. As a Magistrate, he was never entitled to a “get out of jail free card.”

Defence counsel David Edwardson QC said his client was sorry, however “he has to own this …”

Judge Slattery then proceeded to detail what is expected from members of the judiciary and contrasted that to Mr Harrop’s offending.

“Members of the judiciary are required to hold themselves separately from other members of society,” he said.

“You are a judicial officer who has committed criminal offences. Those acts alone are apt to give rise to public disquiet about the integrity of the judicial system.

“Your criminal conduct has struck at the very heart and foundation of that judicial function along with the importance of the role.

“On three separate occasions, you deliberately ignored your role as a judicial officer and your solemn oath.

“In each case of your criminal conduct, you dealt with persons over whom you held and exercised varying degrees of power.”

Judge Slattery correctly confirmed the community does maintain the very reasonable expectation that members of the Judiciary behave to the highest of ethical standards. They are, in substance, irrevocably empowered by statute to judge us and that consideration is where it will always end when one endeavours to objectively rationalise these judicial appointments.

A person who aspires to the privileged role of Judge or Magistrate must demonstrate that they live by the requisite standard. That understanding is demonstrated by their own day to day conduct regardless of whether they present as a Judge/ Magistrate or private individual. Regrettably some have and continue to fail on that front.

Mr Harrap’s co-accused, the former police prosecutor, was also convicted and received a 12-month good behaviour bond.

The lawyer involved in the conspiracy case, was fined $600 after admitting to the charge.

Mr Edwardson QC said it was relevant to take into account that Mr Harrap did not continue to lie when confronted by police.

“When one looks at Mr Harrap, it’s readily apparent that his reputation, his character, and his career have been utterly destroyed as a consequence of this extraordinary error of judgment,” Mr Edwardson said.

Mr Harrap was sentenced to 18 months in prison and, as mentioned, a non-parole period of 12 months was ordered.

Judge Slattery resolved after considering the circumstances that it was inappropriate that Mr Harrop serve his sentence on home detention and said: “Given your position as a judicial officer, your offending was so egregious and opportunistic, so lacking in judgment, and was so serious that good reasons do not exist to suspend your sentence.”