Speed Camera News Humble pensioner George Henry Walaron's speeding fine turfed Hannah Silverman
Thanks to the National Motorists Association of Australia for the link! http://www.aussiemotorists.com/index.php?option=com_newsfeeds&task=view&feedid=11&Itemid=26
Humble pensioner George Henry Walaron's speeding fine turfed Hannah Silverman
From: The Advertiser May 05, 2011 12:00AM
George Henry Walaron leaves the magistrates court after the judge ruled in his favour.Picture: Mark Brake Source: AdelaideNow
A PENSIONER has had a speeding fine overturned in a victory experts say will encourage others to stand up.
SA Law Society president Ralph Bonig said George Henry Walaron's win represented "justice at work" and that motorists should not accept guilt if they genuinely believe they were not at fault.
The ruling has also earned praise from Independent MP Bob Such, who lost a $30,000 Full Court fight to override a speeding fine of his own.
Mr Walaron, 58, of Salisbury, was accused of driving 8km/h over the 60km/h speed limit through the intersection of Sir Donald Bradman Drive and Brooker Tce, Hilton in July last year.
In the Adelaide Magistrates Court yesterday, Mr Walaron - a former truck driver who represented himself - was adamant he did not speed during a trip to the airport.
"I checked (speed) just before I went through and it was 60km/h," he said. "There was a flash and I rechecked my speed on the speedo, and it was still 60km/h."
The current fine for travelling up to 15km/h above the speed limit is $196.
Prosecutors tendered a certificate of accuracy for the fixed speed camera and photographs of the alleged offence to support their case.
However, Chief Magistrate Liz Bolton said that, coupled with Mr Walaron's unchallenged evidence, was not enough to prove the matter beyond reasonable doubt.
"Had Mr Walaron's evidence been challenged in any way it may be that I could have found that he was mistaken," she said. "It's for the prosecution to prove, beyond reasonable doubt, the speed alleged. In this case I'm left with a doubt."
Outside court, Mr Walaron was reluctant to talk-up his win.
"I'm just a simple guy," he told The Advertiser.
"The truth came out."
Mr Bonig said motorists should "take heart" from Mr Walaron's result.
"Although at the moment the ability to challenge an expiation notice may be difficult and costly, people should not merely accept that they are guilty . . . they should stand up for their right to put the police or prosecution to proof," he said.
Dr Such said the ruling set a "benchmark". "It's reassuring that Chief Magistrate Liz Bolton has taken on board very seriously that part of our criminal sentencing is that it must be proved beyond reasonable doubt," he said.
Subscribe to this comment's feed
Articles Menu
Find Info
Latest Comments
Member Login
