Indulgence for well-connected young drunk-driver in Australia

Being good at sport earns forgiveness for appalling behaviour

An international lawn bowler who ran a red light at 90km/h over the speed limit while drunk and hit another vehicle has walked free from court, after glowing references from a former National Crime Authority chief and a one-time director of the Immigration Department.

Nathan Kane Swincer, 21, was spared a 27-month sentence yesterday, despite seriously injuring another driver while driving at more than 150km/h, with a blood alcohol level of 0.14. Mr Swincer, then 18, was a junior Australian lawn bowls representative.

Former South Australian director of the NCA John Ganley and former diplomat and federal Immigration Department director Neil McCann acted as referees for Mr Swincer before the South Australian District Court. They had met him through the upmarket Somerton Bowling Club, in Adelaide, where Mr McCann is president. McCann and club secretary Frank Elliott spoke highly of Mr Swincer, writing: "We are convinced that Nathan Swincer has learned a truly hard lesson at a very young age in life and that he has a future as an honest and upstanding citizen."

In sentencing yesterday, judge Michael Boylan considered Mr Swincer's contribution to the community [bowling?] his supportive family and his remorse and understanding of the grief and suffering he had caused. "I have taken into account the fact, which is evident from your success at bowling and the reputation you hold, that you have a capacity for self-discipline and determination," Judge Boylan said. "I have taken into account Mr Ganley's evidence ... that you listen to and take advice."

Judge Boylan described Mr Swincer's driving on the night of the accident in October 2003 as "appalling". "You were drunk, you were driving at something like 2 1/2 times the speed limit and you drove through a red light," he said. As a P-plater, Mr Swincer committed an offence just by driving his car after consuming alcohol. The court heard that he had not driven since his accident. Judge Boylan disqualified him from driving for six years.

The judge said the driver of the van, Gregory Sutton, still suffered from injuries sustained in the accident. But Mr Sutton, who had no "deep-seated resentment" towards Mr Swincer, said he should not face jail. "His life will never be the same again," he said. "For all that, Mr Sutton has been extraordinarily kind to you."

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