Judge sticks to the spirit of the law

Adrian Lowe June 24, 2011

A JUDGE has rebuffed a Geelong witch who yesterday ''declined'' his ''offer'' of two months' jail for seriously injuring a policeman when he tried to pull her over for using her mobile phone while driving.

When Senior Constable Andrew Logan told Eilish De'Avalon last February that she could not use her mobile phone while driving, she told him that she was from ''another world'' and did not need a licence.

Furthermore, she said, she had a ''universal and spiritual'' name ''not recognised here'' - and she did not recognise ''your laws''.

De'Avalon, a former journalist but now a ''spiritualist'', told Senior Constable Logan that she did not believe he was a police officer. ''Your laws and penalties don't apply to me,'' she said. ''I'm not accepting them, I'm sorry, I must go, thank you.'' She then began to drive off.

What followed was what County Court judge Geoffrey Chettle described as ''bizarre'' behaviour. As Senior Constable Logan put his hand through her car window to turn the ignition off, De'Avalon, 41, wound up the window and drove off, with the policeman clinging on to the car for his life.

For almost 200 metres, Senior Constable Logan clung to the side of De'Avalon's car before grabbing the keys when she slowed in traffic. Last year, she was jailed for two months, a sentence that Judge Chettle reimposed on appeal.

De'Avalon, a Wiccan who also performs Celtic marriage ceremonies, pleaded guilty to five charges; one count each of recklessly causing serious injury, drive in a manner dangerous, driving while authorisation suspended, failing to stop and using a mobile while driving.

As Judge Chettle finished his sentence, De'Avalon stood steadfastly and said: ''I decline your offer, your honour.''

He replied: ''You decline my offer? Well, I'm sorry, but it's not negotiable.''

From: http://www.theage.com.au/victoria/judge-sticks-to-the-spirit-of-the-law-...