QLD Speeding motorists may get free ride in wake of barrister’s legal challenge

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"QUEENSLAND motorists hit with speeding tickets from fixed cameras in coming weeks may be able to exploit an apparent legal loophole.

Tony Morris, QC, the top barrister who has launched the challenge, said many car owners who are fined when they are not behind the wheel may be eligible to “piggy back” on his case.

But only those who have received a ticket but not yet paid it, or who have not been to a court to fight it, can expect to ride on his coat tails.

Registered car owners who elect to go to court can submit to the Magistrate that they were not driving and do not wish to dob in the driver, as it is not mandatory.

Mr Morris said any similar cases to his, that go through the state’s magistrate’s courts, would almost certainly be “stayed” until after his constitutional challenge is decided.

If Mr Morris wins in the Court of Appeal, or the High Court, those motorists would also probably beat their speeding tickets.

Mr Morris’s pale blue Volvo SUV was snapped speeding at 57km/h in a 50km/h zone by a camera in St Lucia early on May 12 last year.

Rather than naming the driver and paying the $146 fine, Mr Morris invoked spousal privilege and argued it was unconstitutional for a Queensland Court to fine him when there was evidence showing he was not driving the car.

Mr Morris said if he wins the landmark case the State Government will be forced to swiftly close the loophole. But if he loses he will have to pay a hefty legal bill and other motorists in his situation will also be out of pocket for their fines.

“I will be arguing the case (myself), but not as a barrister just as a ‘litigant in person’,” Mr Morris said.

No date has been set for the Court of Appeal hearing but it is considered a priority and will be heard within weeks.'"
http://www.couriermail.com.au/news/q...-1227297730844