2017 - Current Testimonials


Dear Aussie Speeding Fines

I am writing this email to thank you for the wonderful job you guys are doing to help stop the criminal act that is occurring on our roads with unjust fines for motorists.

You have so far saved me over $8000 in road fines, speeding fines, red light camera fines and more.

I wasn’t sure what to do but purchasing your package and CD it gave me so much information and confidence.

And the added bonus of being able to email you and you guys getting straight back to me gave me the confidence to send through the letters and I never heard from these criminals again.

I have been recommending you to every single person I can talk to about what you do and I would recommend everyone purchase the Aussie speeding fines booklet and CD, it will save you thousands!

It did me!

Thanks Again

David - Qld


Thanks Guys.

Had an appeal in the Dist Court BNE today against an order made by a MAG at Southport Court from a couple of months ago.  I won!

Now it's been ordered to retrial back at Southport with a different MAG.

Back to the attack dogs.

The Judge all bit said I was railroaded by the MAG at Southport.

I can't believe the difference between a MAG Court and a District Court. The District actually feels as though they care about the law, Commonwealth Acts and a fair trial.

The Judge today actually listened to me when I quoted the NMA and the constitution. I asked if they were relevant and he said yes.

I'm going to get the transcript from today and I'll forward you a copy as the Judge took great care in his summing up quoting, what I think, are very relevant cases that I will refer to - and probably helpful for others.

Anyway, don't like my chances back at the MAG court.

Thanks again.

Cheers

Rob - QLD


G'day Guys,             

Trust you are well.

We had a SPER charge dismissed yesterday.

Joey my son 25 and with Auditory and Visual memory neurological issues that the court would not recognize since the report was 12 years old. So proud of him for standing up and having a go.

Walked in well prepared. Plenty of folders and me as the McKenzie Friend.

Objected to the fact that our discovery was not adhered to the Magictrate says that she takes "Judicial Notice" of the Acts as valid and authorised.

Objected to the recording when they tried to play it on the grounds that it was incomplete without any caution. Tick thrown out...

Cross examined the Cop. Asked him if he remembered his oath. Couldn't recall it after 26 years. Showed him a copy and he said it was something like that but couldn't recall.

Asked him how many RBTs he had done on the night estimated 100

Asked him how many were positive . Objected to on relevancy so moved on.

Asked him how often he confiscated licences after an RBT has been complied with.

100 % of all HGV, 40% Cars and 100 % bikes.....

Why 100 % of bikes? in my experience they have the most likely licence issue.......( no probable cause apart from his bias to bikes)

When you arrested me did you advise me of my rights?

I did not arrest you...

Was I free to go?

Yes I suppose, I never arrested you.

So when you had my licence I was free to go but when you brought it back I was no longer freeto ride off.

I knew you were suspended then.

The case was estimated to take an hour by the Prosecutor. We were already an hour in.....

Prosecutor offered Sper Registrar delegation paperwork and Sper Contact sheet as evidence.

Interesting thing Magistrate read every page and authority and asked the prosecutor some questions in relation to the SPER delegation paperwork. She became confused and started hunting her laptop.

This was over the top of us and we could not follow the issues but we have recording of the summation being transcribed and will send it to you. After a few seconds silence as everyone waited for her to answer the question I started clicking my pen top.... click, click, click, click, lol my son knows I don't fidget and knew I was playing.

She couldn't take it anymore and asked for a short recess......

Next thing shes on her mobile sending out an SOS. 5 minutes later a very Senior Prosecutor appears and has a word.

Court resumes and Magistrate still not confident about the answer from the prosecution re delegation authority but she will investigate further in chambers.

Joey takes stand plains that this is all due to a single digit error in his address and he had never received anything from Police or SPER. Prosecutor confused everyone by going thru the SPER contact log since she was trying to say he must have known since he had a SPER account. He explained that this was from a previous infringement and sent to his previous address which was correct. She couldn't grasp that but gave up eventually with him reconfirming at every opportunity that this was all due to an honest mistake of fact.

Another senior prosecutor enters the court and approaches the one running the case and starts to whisper in her ear. Joey objects and the cop is told to sit down. He sits down long enough that his ego allowed his legs to slink him out of the court....

Joey makes reference to DPP V Hamilton, Regina v Banner etc. All of no apparent interest since not Qld. Magistrate did allow him to finish them tho.

Now 3 hours in and back at 2.30 for the result.

Prepped both ways win or lose.

Won due to a "technicality", asked for costs Magistrate, asked under what grounds.

We explained the costs etc however she needed grounds.

I suggested that Joey ask for an example.... lol

Well she couldn't give legal advice she read the Magistrates act.

We attempted an argument which she listened to but dismissed.

Walking out said good bye to prosecutor and she said. Good luck you crazy guys.

I said I will see you soon. She said I hope not, I assured her she will..... ( another charge for speeding in a few weeks)

Great fun. No fear.

So a couple of things

We had a load of paper and had followed the 3 steps. We objected at every opportunity, we used their time and looked relaxed.

This is a game of poker. They saw we were serious and that the retrial would be even more serious. They had already spend 9 hours in Court over numerous days and arguments.

Did they really want us backkkk.

I believe that the easy way out was to blame SPER for paperwork cock up and move us on never to darken the door step again.

We are considering having a go for wrongful arrest.

Many thanks for your help and encouragement

Kindest Regards,

John - QLD


Hi Guys,

Last week I had a success at the Magistrates court defending a parking fine. The case was delayed just under 12 months by using some the techniques outlined by the know your rights group, the Aussie speeding fine book and generally outlining to the council the error of their ways.

I attend court for the “mention” and made myself comfortable in the public gallery whilst waiting for the Magistrate. A lawyer assisting the prosecuting lawyer roamed the room asking each defendant about their case. After about 15 mins the lawyer who asked the original questions returned and approached all of the defendants apart from myself and another person indicating that their case had been struck out and they are free to go.

The lesson for everyone here is, always take your case to court, you do not know what may happen and to the surprise of many they departed without paying a fine. Who knows, the prosecuting lawyer must have wanted to go home early that day.  By the way, whilst I was in court waiting I would talk to all defendants letting them know that they can claim court costs if they win their case, everyone was unaware, therefore I suggest that if people attend court they should inform their fellow defendants that they can claim court costs which would force council to re think sending people to court.

Back to the case, whilst waiting the clerk of the courts was handing the case documents to the Magistrate and was re-affirming which cases had been struck out. To my surprise my name was mentioned whereby I stood up and asked the Magistrate to clarify if my case had been struck out as I had not been informed. The Magistrate asked me to appear at the bench and questioned the prosecuting lawyer who said that my case was struck out by mistake, however he is happy not worry about it and have it strike it out.

This was music to my ears, I then asked the Magistrate that I would like to claim costs in dealing with the council and my time at court. Once the prosecuting lawyer heard this he backtracked and told the magistrate he was reconsidering the strike out. The Magistrate then proceeded to adjourn the court and asked that the prosecuting lawyer and I discuss what we would like to do. Of course the Magistrate should not have given the lawyer the opportunity to backtrack and should have awarded me costs, just another example of a corrupt system. Lesson to all, if the prosecuting lawyer strikes out your case then ask if his decision is final, this would have stopped the prosecutor from retracting his strikeout. 

Back to my case, I had a discussion with the lawyer and decided to accept the strike without claiming costs which was a win but not the full win I was looking for.  I did this because I could not be bothered attending court again and I thought maybe there is a way to claim costs since this is a strike out from the prosecutor.

Thank you for your help along the way with this and all cases.

Regards

Nick


Hi ASF,

Just wanted to let you know of another success story due to your diligence and hard work..

My wife was fined for overstaying the allotted time (3hrs) in a Woolworths carpark.  I took the first step to objecting to the alleged penalty notice as directed by ASF, passed 28 days, so sent off the 2nd letter.  Received a response from the SDRO advising that ‘penalty notices are issued for regulatory breaches and the amount owing is in satisfaction of a statutory liability under the Fines Act and related legislation’.  ‘We will not be responding to other material of this nature’. 

This is obviously referring to the highly detailed information within your letters.  ‘As you accepted responsibility for the vehicle you will receive a penalty notice in your name and if you wish to dispute the fine further, you can request to have it decided in a court blah blah blah.  So I requested to have the penalty decided in court by way of completing the form, not signing it, and sending it through with your letter as my written request to have a matter heard in court of competent jurisdiction.

Get called up for my time in court, which was just the ‘mention’ and before anyone saying a word, I asked the Magistrate if this court conforms to Chapter III of the Commonwealth Constitution Act 1900 as confirmed by the High Court pursuant to the ‘Forge v ASIC’ determination?  Straight away you could see I had them on the back foot.

I asked if this was a criminal case.  ‘No, quasi-criminal’.  Being the first time representing myself, I was shaking in my boots as the Magistrate asked me again what I was putting forward in my defence.  I again responded with the above determination.  Magistrate believed she had no idea of this determination and wanted to take a break to research it.  I explained that there was no need as this this was only a mention, but also wanted to advise the Council Prosecutor that when we return for the court date, that they prove to the court that local councils are recognised as local government and had the authority to give penalty notices and fines.

I advised that by way of referendums in 1974 and 1988, when put to the public to recognise local councils as a tier of government, that this was ‘not carried’, therefore not enacted into the Constitution.  Again, they looked dumbfounded, went straight to their diary’s to find an acceptable date for the next hearing (mind you, without asking me if the date was OK), I was given a date and that was it.

Not once did I call the Magistrate ‘your honour’, only ma’am, as I did not consent to their jurisdiction.  If it came to that I would have first asked her one question.  ‘Are you acting under your oath of office at this time?’.  This would have put her under her Constitutional right.

One week later, I received a letter from the Council advising that this has been reviewed and will be cancelled.  ‘Please note that having regard to the circumstances, Council has decided to withdraw the above penalty notice’.

Of course they won’t give you a reason as this would open up a can of worms, but you just have to be adamant and confident in taking these leeches right through to the end.  This was only for a $108 parking fine.

Things to remember are to keep all documentation, send everything registered post, do your research and ensure you send off an affidavit to the court co-ordinator with copies of all your documentation before your hearing date.

Sorry for the long story, but wanted to give you the bigger picture.  If you need anything further from my experience, please let me know.

Kind regards,

Aaron - A Happy ASF Member


Hi ASF,

Another success since I last wrote to you. I was pulled over for speeding less than 10 over the limit, spoke as you suggest by the roadside - not saying much except for polite denials. I wrote to suggest a review but they didn't take the suggestion so I took it to court.

The police statement simply said 'the accused stated he wasn't speeding'. On mention day I heard laughter and swearing from the prosecutor’s office, then they called me in to tell me they were withdrawing because the police officer had resigned.

I am sure I've seen her attempting to extort more revenue from other drivers since though.

Thanks in advance,

Andrew


Hi Guys,

Went to the Moorabbin Court and agued with the Council ... they withdrew the No Standing charge due to poor signage (clear cut).  Never proceeded to the Magistrate.

He tied to argue that technically the sign was right but would now raise the matter with the council who will review the situation for the benefit of the public.

LOL.


Thanks Guys!

I work in IT - have done so for approx. 27 years now.

I personally think you and the other sites are doing great work!

It's amazing in this country - no one seems to question or challenge anything and when you speak up they look at you as if your weird.

Everyone has been so conditioned to just accept what is... so much apathy - we need to be much more like the French in our attitude but everyone is either asleep or it's the old "she'll be right mate" attitude.

I've always questioned and challenged but after an incident with a corporation in the last few years I have seen their "true colours" and have questioned everything a lot more. Thankfully I am seeing things for what they truly are but as individuals it is our journey and it is very difficult to make others to see things through our eyes.

Hopefully over the course of time more and more will wake up to what is truly going on. Others will try and remain blissfully ignorant.

Best Wishes,

Darryl


To the team at Aussie Speeding Fines,

I purchased your book a few years ago. It has been very helpful for myself and family over the years.

I have a very good example on how I avoided a fine and demerit points. I was doing 115kph on a 100kph Freeway. I went to court and defended myself with all my supporting evidence, initially the case was adjourned with no court appearance as the court legal rep said that I had little chance of winning.

When I returned to court to face the judge and police I pleaded guilty with mitigating circumstances. The judge dismissed the case with no charges whatsoever! The finer detail amazed my friends on how I managed to get off with no fine or demerit points.

Best regards,

Nigel - Vic


Hi Guys,

I had a win against the lawyer thugs who work for the Melbourne City Council in the Melbourne Magistrates Court on this Monday. Had to go the full fifteen rounds with their two lawyers over an obscured parking sign hidden by a tree that they pruned two days later.

There is currently a process by these bandits that beat normal people into submission by forcing them to plead guilty due to a very biased legal process. Had to fight them in the court for two hours and I had a lay down mozare before the magistrate found against them.

Things must change,

Diarmuid – Vic.


Hi All

In our local paper today, Townsville Bulletin, is recorded Fines issued to Townsville drivers in the 2015-16 financial year:    Less than 13km/h over the speed limit - 25,321 fines - then lists the other categories with higher speeds than that.

I recently noted on the television news that thousands of motorists in Queensland who received Infringement Notices for driving at less than 13km/h and who elected to be heard in Court, had their Notices withdrawn. Over $1,000,000 not going to the Government.

This enforces your advice to always elect to be heard in Court.

Regards,

John - QLD


Hi Guys,

I recently contested an alleged 114KPh speeding fine whilst overtaking a car on a straight section of 2-way road recently.  I explained to the Mag. that to overtake at the 100KPh limit, say a 93KPh vehicle would mean being on the wrong side of the road for 59 seconds approx. This would be reduced by approx. 20 seconds at 104 KPh. He saw my logic, but had to uphold the law. Saved $300 by defending myself, but lost some points.

Bernd.


Hey guys. Love your work.

Since becoming a member 18 months ago haven't paid a cent in fines. Have got 2 speed camera fines, 1 council parking fine dropped before court.

Recently had Driving with Proscribed drug in oral fluid withdrawn at the trial due to no prospect of success. They knew this from the outset but still took it to trial. At the first mention I plea not guilty and they're stunned asking me what defence could I possibly have. I asked them to prove that the sample tested was mine and I collected my sample from SA Forensics and asked them to prove that it hasn't been tampered with. Since that sample getting independently tested was my only means of proving my innocence, if it's integrity wasn't strictly guarded there was no possibility of a fair trial. I didn't even get it tested because I thought it was more valuable as an exhibit presented exactly as it was when I received it.

When I asked for chain of custody documentation they produced a bunch of affidavits written a year after the fact. Bottom line is they don't do anything to the standards required by their so called NATA accreditation. I would say anyone could use this defence provided they leave it open meaning don't answer any police questions.

I actually have 1 more hearing for that regarding what costs they are willing to hand over of the $2500 I am claiming. I cannot find any case law where a self represented defendant has been the successful party and been awarded costs. According to rule 51 of magistrates court criminal rules, I clearly do qualify for a costs order but the scale the rule refers you to does not cater for my situation. It just means section 189 of summary procedures act applies meaning a wide discretion is available and should be applied instead. They know this but they adjourned to try and find a way out I think.

Also during the same incident they searched my car and found some green vegetable matter I didn't even know was there. I had this dismissed at the second mention after submitting a motion to rule the evidence inadmissible.

Schedule 1 of the road traffic act 1961 states that returning a positive oral fluid test cannot be relied upon to exercise search powers. Since I had them on the record saying that they pulled me over with no reasonable cause to suspect anything drug related or any crime, they had nothing to support the positive OFA meaning no right to search

I also asked them to show proof that it was in fact cannabis that they found.

Anyway, minimum 3 months licence suspension, $1500 in fines plus court fees all avoided. I'm even getting them to pay for 2 night's accommodation because at the time of the offence they suspended my licence for 24 hours as well as the $400 spent on AS 5388.1, AS 5388.2 and AS ISO/IEC 17025-2005

Cheers,

Ben - S.A.


Hi There,

I'd like to report a success with two of my fines.

The Speed Camera Fine I received that had inadequate signage was dismissed and the fine overturned. I attended court in Newcastle on March 17th and the Magistrate’s response was, “I believe that you drove to the roads conditions at the time and was not driving recklessly.” I thought that was an interesting comment. I also mentioned that I wrote to the Police to request a review via the SDRO website. They said that it's not the Police that review fines, it is the RMS (previously called the RTA).

As for the fine where I elected to go to court in my Mum's name, this was dismissed also. It seems the letters I sent for both cases for the date that I could not attend court for the mention were effective.

Thanks again for your assistance.

Jon – NSW



Hi Guys,

I had my morning in court for mention, but they offered no evidence at all including the brief of evidence I was expecting to receive, so the prosecutor said they wouldn't be pursuing the matter any further, so the magistrate informed me that was the end of the matter and that I was free to go, and to have a good day.

Only thing was that in all my excitement I forgot to consult my notes at all, and in so doing I forgot to ask for my costs, as meagre as they would have been (about $200 worth if I'd included the price of the book as well).

Thanks for making the info available, it all helped to make me stand up for myself, so much so that they dropped the matter altogether. I must add that I was innocent of any crime anyway, and had been wrongfully accused, happy with the outcome and the relief that came with it.

Thanks,

Troy.



Dear Sir

After a period of about 11 months I have heard nothing further regarding the parking fine ~ it would appear they have ceased any further action.

I would like to thank your organization for all the help and advice I received from you to allow me to beat this fine.  As you quoted they sent me photos of my parked car, threatened me with further fines, advised me to seek legal aid, and threatened me with court action.  I thanked them for their information and enquired as to when the first court appearance would be:  the date and the time.  I have had no further correspondence from them.

Once again thank you for your help and feel free to post my testimonial.  Well done Aussie Speeding Fines.

Kind regards,

Graham



G’day again,

It’s been a while and I’ve been wanting to sharing a couple of mild wins with you lot. The hand of fate and the claimed law has encouraged me to make contact again.

In the last couple of months I’ve had speeding charges withdrawn and discontinued using the ASF 3 step process.

After attending the mention hearing in Nov, claiming innocence and asking for a copy of "the strong camera evidence against me” quote the magistrate. Instead of receiving the evidence I received a letter stating; "As a result of the camera operator who was in charge of this deployment resigning, WA Police is left with no alternative other for the matter to be withdrawn."

After missing a mention hearing in Dec. I was to attend a trial in Geraldton, 9 hours north of my place, in Feb. Two weeks before the trial date, I spoke with the prosecutor via phone who checked all correspondence was there and that there was indeed a critical witness employed to appear at the trial. Interestingly because they just dropped 6 charges for this reason. The week before I received an email from the same prosecutor informing me; "I have just received advice that we will be discontinuing your speeding charge on the trial date. The reason for this is one of the critical witnesses is unavailable.”

In the first case I sent copies of the Private settlement agreement to: Police Commissioner, Minister for transport, Crimes and Corruption Ombudsman, etc. Second case I just sent it to the prosecution, I feel that when they got around to reading it, it was a bit too hard. Just a speculation.

I was glad to be through that… Then on Sat 25 March at 8:50 I got accused of not wearing a seatbelt, by a couple of local cops, of course I was wearing a seatbelt. The officer didn’t like that I chose not to consent to his accusation. he said "OK if that’s how ya want to play” and pulled out the breatho and said I was required to give a sample.

He didn’t know how or want to answer my request, that he provide me with legal foundation enacting the Road Traffic Act 1974 (WA) that he was quoting. He threatened to arrest me if I didn’t blow. I said as far as I know Acts must be enacted via queens proclamation. I’m happy to consent to the breath test if you can provide me with the requested evidence.

I was standing on the road, when he grabbed me by the shoulder and started dragging me toward his car and cuffed me, I asked him why he was harming me unnecessarily? and I was put in the back seat of the cop car. I asked the young woman her name, "Constable Meyers", your first name, “I’m not required to provide it"

Back at the lock up, in a glass cell, I was eventually un-cuffed, as they went through their memorised procedure speak. I asked what if I choose not to blow in your big breath analyser? "Immediate suspension of licence". And if I consent? "Blow Zero and ya free to go". I made a vocal note for their record; that I’m consenting against my will so I can get on with my day.

I had my stuff returned to me and I was given 2 copies of the Infringement Notice ($550 and 4 points) I was escorted out of the complex and sent on my way. When I enquired as to why I wasn’t offered a ride back to my car. he said, "We’re not required to”

Later I called the Margaret River station and was diverted to Bunbury, I spoke with a helpful woman who confirmed that there was no charge against me. So I wasn't arrested. She also said that If I refused to blow in the lock up I would not have had the license suspended but I would have received a DYI record. Guilty until proven innocent...

All power to you,

David - WA


Hi Guys,

On a happy note: My fine for another event did not eventuate despite summons to court.  The case was never processed by QPS

Best endorsement that the letters worked even though QPS threatened me to court by summons.

Thanks,

Amy – QLD.


‘Morning my friends at the ASF,

My first win! I was happy to make you guys aware as they sent me a letter apologising and saying that the charges were withdrawn (3 multanova offences in as many weeks).

Best regards,

Andrew – S.A.


Happy New Year to the ASF Team!

Quick update on some things happening in SA.

SAPOL are not always issuing summons to alleged "criminals". A friend was fined $560 from the Magistrates court without receiving any summons at all! He's had a rehearing and now a pre-trial conference is set for next week.

On November 21, I was picking up my son from his work in his car. Travelling home, we had an unmarked car follow us and park across my driveway. 3 officers hopped out and started walking towards me as I got out of the car.

My first words were: "I hereby revoke the common law license permitting you to enter my property. You are now trespassing and I require you to leave the property". The officers stepped back beyond the mail box and 1 asked for my drivers license and particulars.

My response: "Can anything I say or present to you be used against me in a court of law"?

The answer: "yes"

My response: "The I reserve my right to remain silent. Now are you going to retaliate against me for exercising my rights to silence and thereby damage me either physically, emotionally or mentally"?

The response: "lets just arrest him"

I had the 3 officers press me up against the back of the car and handcuff me. I was taken to Elizabeth Police Station and charged with driving unregistered, driving uninsured, refusing to provide particulars.

At the interview I was questioned about my particulars and I quoted Hamilton v DPP, Justice Stephen Kaye's statement re common law and no requirement for a man to provide any information unless under arrest. The officer replied "well this is South Australia" so I asked if it was his claim that South Australia did not have common law. Silence.

Then they produced a warrant for a court date I had no idea about and had never received a summons for. The warrant stated I was not to be given bail so I was held overnight and given bail the next morning.

Yesterday was my pre-trial conference. The police prosecutor came out and handed me their brief of evidence. He was also holding my affidavits from last year. He asked if I was going to challenge all the charges to which I replied "absolutely".

He sat down and said "if you plead guilty to the drive while suspended I'll recommend the minimum fine". I replied I need no conviction against me as that will affect my ability to work in the banking industry. He said we could ask the magistrate.

As usual, I was the last to be heard, prosecutor told the mag about dropping the first 3 charges and only 1 charge to be heard with minimal fine and if possible no conviction. Mag questioned me and asked why no conviction so I explained about work.

Mag then made his decision: Fine $100. No court costs. No conviction. Have a nice day.

Very very happy!

Next week I'm in pre-trial conference at the court where the "warrant" was issued. I've requested to inspect the court file prior to that date and now waiting on a response.

Sorry for the long email but thought I should keep you updated. Must confess I've never seen a prosecutor drop so many charges in 1 hit without being asked to.

Cheers,

Wayne – S.A.


HI ASF,

This is an update on my testimonial (lengthy) I wrote to you some time ago regarding a speeding fine that was dismissed on the grounds that the case exceeded the limitations period.

After the magistrate dismissed the original speeding matter on the grounds of the matter exceeding the limitations period the QPS lodged an appeal to the DC in QLD. I was not told or notified of this until receipt of a letter from the QLD DC demanding I respond to the appellant’s claims which by then was 6 months past the due date. Clearly, the bureaucracy has no limits.

Having submitted my defence, I attended court on the hearing date. The magistrate and the court house had different hearing times and I was an hour late. The magistrate apologised for her mistake even though I found out they were going to issue an arrest warrant.

The prosecution claimed that my defence was not in the prescribed manner and therefore I could not present my evidence for defence in court. I told the magistrate what were the grounds of the objection. The magistrate answered on behalf of the prosecution and I pointed out to her that the objection was incorrect because I had stated very clearly in writing what my objection was and referred to the page and paragraph in my submission. Obviously, it appears that the magistrate had not carefully and dutifully read my defence and simply relied upon the reams of paperwork the prosecution was handing the magistrate in court. Again, the magistrate apologised. The system is definitely designed against defendants for traffic offences.

The magistrate then began to read the paperwork handed up by the prosecution more carefully and pointed out some discrepancies. She also noted that the matter was appealed in the DC in favour of the QPS - IE my original win was overturned. However, I asked the DC judge to refer the matter back to the magistrates court as I had not as yet presented my defence for the alleged speeding fine. The DC ruling was on a matter of law not a full hearing of the speeding case. The magistrate thought this to be really strange. I must say even though I lost the DC appeal case the judge appeared to be on my side to the extent that he gave his own personal experience with receiving a traffic fine and SPER action and understood my “frustration” with the system as it is. Please note, the judge did not ask me to reimburse the $550 the QPS paid for my costs in the original magistrate’s decision. THE DC judge warned the prosecution that not seeking reimbursement would be a good idea. They complied.

The magistrate told me how I should have proceeded with the current hearing for her to dismiss the case – interesting. However, since I did not do that she had difficulty on how to run the case since if I win she was sure the QPS would appeal again. The magistrate clearly identified the enormous cost of this case already.

The magistrate asked if I agreed to proceed with my defence on the basis of the irregularities she identified in the prosecution’s paperwork just handed up to her. I refused because I wanted to test the ASF arguments. She asked me what these were and I referred her back to my defence document on the court file as required under TORUM. She immediately said I would not win on the basis of NMA since the QLD appeals court have already made a judgement on this in Crabbe v QPS (2013) and the prosecution would be relying upon this. I said I had opposing cases from superior courts that says otherwise. The magistrate ignored this comment.

The above and other general discussion ensured until the magistrate said if I accepted to pay the court levy costs ($117 from memory) she would dismiss the case without recording a conviction. I accepted since the hearing had now gone on for 3 hours and I could see the magistrate was getting rather uncomfortable with what my arguments were going to be.

Prior to accepting the offer, I stated that I had a number of questions I wished to ask the court before proceeding with my defence since I was not a lawyer and was defending myself. The first question I asked the magistrate was whether I was entitled to a fair trial under Human Rights and Equal Opportunities Act (cth) 1986. The magistrate said she thought that would be a very interesting approach knowing that for traffic offences you are guilty until proven innocent in most States.

I said that these arguments and my questions will take considerable court time if we were to proceed. The magistrate stated that she would be prepared to sit for as long as it took if I chose to do so. Unfortunately, it was now well into the early afternoon and I had a golf game booked which was more important than this ridiculous court case

I accepted the magistrate’s offer and she immediately made her ruling and bolted before I could change my mind.

Sorry, about the length of this email however there are some important points and judge/magistrate reflections/insights that ASF members may find helpful.

This matter commenced in 2012 and finalised in late 2015 after 5 court appearances, 2 magistrates hearings and an appeal the cost of which far exceeded the original traffic offence of $133.00 as noted by the magistrate.

QLD – Ed

Categories

No categories found.
No popular articles found.