It might wash for avoiding a trip to the in-laws or postponing a return to the rigours of legal practice for a few days but there are limits. This week the Sydney Morning Herald reported that New Zealand Judge Kevin Phillips told Queenstown District Court he was sick to death of the potentially deadly H1N1 virus being used as a defence.

The Kiwi judge’s outburst came during a claim by a drink driver that swine flu made her more susceptible to the effects of alcohol.

The woman, manager Deborah Karen Graham, 48, was randomly stopped in the South Island tourist town on July 4 and blew 130 micrograms above the legal 400mcg per litre of breath. Her defence counsel Nicole Murphy, explaining to Judge Phillips her client had been ill, stated:

"She had swine flu. She was just getting over it … and she thinks because she had the flu [the alcohol] may have hit her harder."

Unimpressed with this line of argument he said:

"Swine flu seems to be the ‘in’ submission for everything at the moment."

Concluding..

"I reject all that."

Before fining the drunken swine $NZ550 and giving her a 6 month ban.