A motorist has successfully appealed a speeding fine in the Supreme Court by challenging the speed gun.
Officers alleged Kristian Zefi was traveling more than 45 kilometers per hour over the speed limit on 26 October 2022.
But late last month he won an appeal with the Supreme Court, quashing the original magistrates court decision.
Challenge to Speed Gun
Justice Malcolm Blue found police had not proven that the speed gun had been operated correctly.
An affidavit from Senior Constable Lee Greenwood stated the radar gun had shown Mr Zefi was driving his Holden Commodore at 111kph in a 60kph zone.
However, Justice Blue found this was insufficient to prove his guilt.
“It is not possible to draw an inference that Senior Constable Greenwood correctly operated the LIDAR (speed gun)…It may well be that he did so. However, it is simply speculative on the evidence adduced as to whether he did so. It follows that the evidence was incapable of proving correct operation of the LIDAR and hence of proving that Mr. Zefi’s Commodore was traveling at 111 kilometers per hour.”
He ultimately held that “(g)iven this conclusion, I have no option but to acquit Mr. Zefi of the offense.”
How to get out of a speeding ticket?
You can get a speeding ticket if police cannot prove that the speed camera was accurate through calibration certificates and that the camera had been operated properly.
Justice Blue said the magistrate made an error when they “reversed the onus of proof” and asked the defense to prove the radar gun had not been operated correctly.
“The obvious analogy is that a rifle may be perfectly made and accurate within itself, but if it is not skilfully used on a particular occasion, the target will likely be missed,” Justice Blue said.
“To pursue the rifle analogy, the certificate procedure may assist the prosecution to prove that the rifle is accurate within itself, but it says nothing as to the person using it. Appropriate use of the device on the particular occasion had to be proven by the prosecution to the normal standard of proof, beyond reasonable doubt.”
Justice Blue said it was not possible, from the evidence, to determine if Senior Constable Greenwood had been trained correctly on how to use the radar gun.
This is one of the defenses to speeding which has a higher likelihood of being successful. This is because the RADAR or LIDAR device is not being challenged. Rather, the person operating the device is being challenged.
It is important to note that prosecutors are unlikely to make the same mistake twice.
Generally, after judgments such as these are delivered, police and prosecutors distribute the details of the judgment to ensure a similar mistake won’t be repeated.
