Speed Cameras, Radars & The Law - Part II

Speed Cameras, Radars

&

 The Law

PART II

Taree Local Court NSW

The first of the speeding fines on the way to the Gold Coast occurred some 40 kilometers before the Queensland border.  That matter was listed for hearing at Murwillumbah Local Court.  The client flew to the Gold Coast 2 days before the hearing.  I took the first flight from Sydney on the day of the hearing that landed at 8:45 am and was met at the Gold Coast Airport by the client.  He drove me in his rental car to the Court mere half hour drive.  After having coffee in a cafeteria next to the Court I went inside the Court and spoke to the Police Prosecutor.  In view and consideration of the fact that I had flown from Sydney the matter which was number 12 on the List of contested matters was given priority and became number 3.  The Prosecutor informed me that he was having difficulty contacting the Constable involved.  The Magistrate stood the matter in the List till after morning tea break in other words close to 12 noon.  I drove with the client to Jupiter Casino on the Gold Coast and we both had good hearty breakfast.  At 12 noon I was back in Court.  The Prosecutor was still having difficulty contacting the Constable.  The Magistrate gave the Prosecutor until 1 pm indicating that if the Constable was not located and in Court He will be mindful of hearing an application for dismissal.  By 12:50 I applied for summary dismissal the application was granted without opposition.  Three demerit points dismissed!

The hearing in Taree Local Court was coming up in three weeks.  At 5 am on the day of the hearing I drove with the client to Taree arriving just before 9 am.  A vintage experienced prosecutor had conduct of the two matters and the two Police Constables involved were ready and well rehearsed to give their evidence.  Each of the two speed cameras and their tuning fork had valid calibration certificate within the 3 months period prior to the infringement notices.  I thought of raising unique legal argument and a challenge:  Whether Australia’s conversion from the Imperial to the Metric System of measure required sanctioning by the Australian Constitution and whether the conversion was in fact legally valid!  The jaws of the Prosecutor and that of the Magistrate together with the majority, if not all of the other present in Court dropped at the same time.  Both Constables shook their heads in amazements and my client was all smiles and gave me the thumb up.  

‘You can’t be serious’ said the Magistrate. 

‘It’s ridiculous’ said the Prosecutor.  

‘The Australian Constitution adopted the British  Imperial System of Measure, ie, miles per hour instead of kilometers per hour and that section of the Constitution dealing with the Imperial System of Measure had never been formally amended’.   

‘You well know the limited jurisdiction of the Local Courts Mr Abdul-Karim.  But what I am prepared to do is to stay the three demerit points and stay the hearing of the next matter against your client’ said the Magistrate to the chagrin and objection of the Prosecutor.  

My client stood up and said:  ‘I will fund and mount the challenge from the Imperial to the Metric System’.  For a while it appeared like my jaw had dropped!  There was momentary silence in the Court till the Magistrate said:  ‘do you seek anything else Mr Abdul-Karim?’ Trying to collect my thoughts I stood up and said:  ‘no thanks you your Worship’.

The client was ecstatic and started asking question of people outside the Court trying to find the best restaurant in Taree to eat lunch!

Needless to say I did not receive any instructions to mount a challenge in the Federal Court.  On reflection such a challenge was attractive if only for the sheer intellectual argument and may have had some sympathetic ears of some Justices.  But on reflection Australia’s conversion from the Imperial to Metric System of measure may well have offended the Constitution and allowed the Full Court the opportunity to ventilate opinions of how to deal with rectification of the transition rather than striking out that transition. 

That opportunity may well be still open!