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Old 30-07-2012, 02:55 PM   #1
csv8
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Join Date: Dec 2004
Location: Central Q..10kms west of Rocky...
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Smile HUNDREDS of speeding tickets issued to Queensland motorists could be in doubt

HUNDREDS of speeding tickets issued to Queensland motorists could be in doubt after a Lamborghini-driving Brisbane millionaire challenged the accuracy of a police radar gun.

Police admitted in court the radar was faulty for more than eighth months, yet they still continued to use it to book drivers. My comment just shows the arrogance of the police and they have been caught out.

Property developer Scott Flynn mounted a legal challenge after being booked for allegedly driving his black Lamborghini 137km/h in an 80km/h zone on Mt Glorious Rd near Samford last year.

Mr Flynn hired Gold Coast celebrity lawyer Christ Nyst, who grilled police in Brisbane Magistrates Court about the accuracy of the radar.

During the court case this month, police admitted under questioning from Mr Nyst that the speed gun had previously failed a routine calibration test.

A police radar expert conceded the faulty calibration could affect the accuracy of all the radar gun's readings between October 6, 2010, and June 19, 2011.


Speaking outside the court, Mr Nyst accused police of trying to block information about the faulty gun, saying uncovering the evidence had been "far from an easy task".

"The courts rely on the accuracy of these machines," Mr Nyst said.

"In fact they are presumed as a matter of law to be functioning accurately, unless the contrary is proven.

"So you would hope the relevant information would be made readily available, but that wasn't our experience.

"Despite a string of requests and summonses we couldn't get the police to give us the relevant records. In fact, it wasn't until we got to court and the magistrate stepped in that they were finally handed over."

Mr Nyst said that once he finally gained access to the records, "it was pretty obvious police had been using an inadequately calibrated gun".

"But I'm left to wonder how many other such radar guns have been presumed by courts to be functioning accurately, when they weren't," he said.

The matter was adjourned to a date to be fixed for the magistrate's decision.

A Columbia University architecture school graduate, Mr Flynn, 31, heads Newstead-based Kenlynn Properties with his younger brother Anthony and their father Peter.

The Flynn siblings have been Queensland's highest fundraisers in the past two CEO Sleepouts run by the St Vincent de Paul Society.
http://www.couriermail.com.au/news/q...-1226438008469

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