Vic: Wayward magistrate should not be convicted, court

AAP General News (Australia)
04-07-2010
Vic: Wayward magistrate should not be convicted, court

MELBOURNE, April 7 AAP - Victorian magistrate Raffaele Barberio should escape conviction
following a neighbourhood dispute over dog faeces, his lawyer has told the court.

Barberio, 60, appeared in the Moorabbin Magistrates' Court on Wednesday where he is
pleading guilty to one count of assault, and one of criminal damage.

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

He was pulled up by the driver of a gold Range Rover who challenged Barberio. There
was a brief scuffle during which the magistrate tried to strike the driver with his fist.

The complainant 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.

The NSW magistrate appointed to hear the matter will pass sentence at 2pm (AEST).

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KEYWORD: BARBERIO

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