Wealthy socialite loses appeal to have drink driving child home from playdate conviction dropped

Wealthy socialite Phoebe Malouf has lost her appeal to have a drink driving conviction overturned after she drove a nine-year-old home from a play date following a vodka-fuelled dinner.

The 39-year-old was blasted by the judge who rejected part of her high-profile barrister’s argument, saying she was ‘foolish’ and ‘very selfish’ to drive drunk – and that she was ‘seven times more likely to harm people in a car accident which that much alcohol in her blood’.

District Court Judge Christopher O’Brien told the charity maven and wife of Sydney pub baron James Malouf on Thursday afternoon, ‘you could have rung an Uber … there were options’.

His Honour rejected Greg James QC’s argument that Malouf was a special case, saying ‘I am of the view Mr James, despite your submissions, that a conviction should be recorded’. 

Dressed in a lightweight cream sweater, cream singlet top and matching jersey pants with a blue mask over her face and her hair in a ponytail, Malouf arrived with an entourage of five which included her father, Sydney barrister Stephen O’Ryan QC.

Malouf, who sat looking nervous in court as her barrister tendered nine documents, later fled the John Maddison Tower court complex sobbing and shielded by friends and family on the street after Judge O’Brien’s decision. 

The court heard that Malouf had jumped in her 4WD to drop a primary school friend of one of her three daughters home in April after the child became ‘distressed’ and her own parents were too drunk to drive.

Socialite and Eastern Suburbs charity queen Phoebe Malouf was caught drink driving after a vodka-fuelled dinner followed by her getting behind the wheel of her Landcruiser Sahara and dropping off a child after a play date

Dressed in lightweight cream-coloured clothing, Malouf Malouf arrived shielded by an entourage of five including her barrister father, and later fled, sobbing, after Judge O’Brien questioned why she’d drive a 9-year-old drunk instead of calling an Uber

Crown prosecutor Daryl Gunter told the court that Malouf’s recorded a mid range alcohol reading was among NSW’s drink driving statistics which also included 250 annual fatalities and serious injuries.

The death rate had dropped from 1200 a year, but he said was still ‘horrific’ and despite Greg James submission, Malouf ‘didn’t have a little  bit of alcohol … you really were quite intoxicated’.

 Mr Gunter questioned why neither Malouf not the nine-year-old’s parents – who were ‘entertaining’ couldn’t have just ‘got a cab’.

Phoebe Malouf was  arrested on April 8 this year Malouf, after drinking what police described as ‘two unknown sized tumblers of vodka, lemon and soda’ and dropping one of her children’s friends off from a sleepover.

The court heard on Thursday the young girl had become upset and Malouf, dressed in her ‘pyjamas and ugg boots’ had decided to drive th girl 2.2km home from the Malouf Vaucluse home.

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According to police facts, the Kincoppal Rose Bay private school mother drank the vodka while eating Indian food at home for three hours from 6-9pm.

She then drove her black Toyota Landcruiser Sahara 4WD with personalised plates down New South Head Road and was pulled over at 10.46pm by an Eastern Suburbs Highway Patrol RBT.

Malouf, 40, drank ‘two unknown-sized tumblers of vodka, lemon and soda’ at a three hour dinner between 6pm and 9pm, and was then busted by an RBT at 10.46pm

Malouf, the wife of hotel baron Jamie Malouf, was arrested and blew .088. After her conviction in May she went to a police station to have a mug shot taken and be fingerprinted

The Sydney Children’s Hospital Foundation committee member blew a positive roadside breath test, which later tested at .088.

When Malouf was unable to produce her licence, she was placed under arrest and taken in a police vehicle to Waverley Police Station.

At 11.31pm Malouf tested positive to mid-range drink driving, her licence was suspended, and she was charged and ordered to appear in the Downing Centre Local Court.

On May 20, Deputy Chief Magistrate Theo Tsavdaridis convicted Malouf and she thereafter attended a police station for a police mug shot and fingerprinting. 

Malouf, whose husband Jamie Malouf owns a string of hotels including Double Bay’s Royal Oak Hotel, used her charity work to try and appeal to the magistrate last month for a reduced sentence.

Malouf’s barrister Petros Macarounas told the court then she’d been instrumental in raising more than $3.5 million.  

Phoebe Malouf (right) used her multi-million dollar charity fundraising to try and reduce her sentence, then appealed in the District Court against the ‘severity’ of an $800 fine and three months disqualification

Wealthy charity maven Phoebe Malouf hid behind an entourage after fleeing a court hearing on Thursday where she was blasted by a judge for drink driving and potentially risking other’s safety

Malouf, who police facts say has a prior drink driving offence in 2013,was ordered to pay an $800 fine, had her licence disqualified for three months, with a further order to use an interlock on her steering wheel for 12 months, which will need to be fitted to her car at her own cost.

On Thursday, Malouf’s new barrister Greg James argued for dropping the conviction and the interlock order because it was embarrassing to use the device in front of  children every time she used the car.

Judge O’Brien granted the request on the interlock, giving Malouf an exemption, acknowledging she had ‘recurrent anxiety, ongoing shame and (was) burdened by guilt’.

 Mr James tendered four references, one from her hotelier husband, a letter from her doctor, a record of her medical appointments and a psychologist’s report.