Driver hits 142kmh between Bundy and Gladstone

A MAN who was transporting gold bars in his car thought the tailgating vehicle behind him on the Bruce Hwy was trying to run him off the road.

The car would not overtake, so he sped up and was caught on a speed camera travelling 142kmh in a 100kmh zone near Miriam Vale, between Gladstone and Bundaberg.

David Myles McNamara sought permission from Queensland's highest court to challenge his speeding conviction.

But in a Court of Appeal judgment, Justice Robert Gotterson refused his application to appeal.

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Mr McNamara was driving from Townsville to the Gold Coast when a speed camera about 40km north of Miriam Vale caught him speeding at about 5am on May 16, 2011, Justice Gotterson said.

The driver argued that a section of the Criminal Code, which exempts a person from criminal responsibility in a sudden or extraordinary emergency, should apply to him.

Mr McNamara said the car behind him was tailgating him and that it had its headlights and spotlights on, making it difficult to see and control his vehicle.

It crossed Mr McNamara's mind that the other driver could have been trying to run him off the road because he was transporting some valuable gold bullion, which he hoped to trade for cash, the judgment said.

But Justice Gotterson said Mr McNamara could have adjusted his mirrors or body position or pulled off the road and called police.

"Even if the other driver had been attempting to run him off the road, the applicant remained criminally liable for exceeding the speed limit," Justice Gotterson said.

"The fact that one driver may attempt to force the other driver off the road does not of itself afford the first driver with a criminal immunity for speeding."

- APN NEWSDESK



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