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Cairns truckie's $10,000 speeding fine

Melanie Petrinec

Wednesday, September 8, 2010

© The Cairns Post

 

A FOUR-year court battle to fight a speeding ticket will end up costing a Cairns truckie more than 40 times the original $250 fine.

Steven Edward Osgood, 54, lost his final appeal against the fine in Brisbane's Supreme Court yesterday and was ordered to pay police costs, believed to be about $10,000.

A fixed radar on a police car clocked Osgood driving at 93km/h in an 80km/h zone on the Kennedy Highway near Kuranda in June, 2006. Osgood contested the charge, saying the radar's accuracy was in doubt because the police car was coming over the crest of a hill and around a bend.

A trial was held in Cairns Magistrates' Court over three days in January and February 2008, with both Osgood and police calling expert witnesses.

After hearing the evidence, a Cairns magistrate convicted him of speeding and fined him $250 as well as an additional $65 in court costs and $7209 in prosecution costs.

Last year, Osgood lost an appeal against those costs in Cairns District Court and was ordered to pay another $1800.
Representing himself in court via video link in his final appeal bid yesterday, Osgood claimed there were shortcomings in the use of police radars and there would be huge ramifications if his appeal was successful.

Osgood was concerned other courts that heard the matter might not have sufficient "expertise" to grasp the science he was seeking to demonstrate, Judge Margaret White noted.

In her written judgment, Judge White refused to grant leave to appeal and ordered Osgood to pay the respondent's costs.

"Mr Osgood has not demonstrated any flaw in the approach or failure to understand the scientific evidence adduced," she said.

"No issue of public policy about the accuracy of the devices used by police to detect breaches of the speed limits on Queensland roads is raised on the evidence which would suggest that leave to appeal ought to be granted."

It is thought Osgood now owes more than $10,000 after his latest appeal.

 



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