Man's $650 speeding fine appeal rejected by Qld court
A MOTORBIKE rider convicted of speeding 24km/h over the limit and fined $650 has lost his appeal against the Commissioner of Police.
Road policing officer Senior Constable Baxter recorded Brian Francis Leahy riding at a speed of 124km/h in a 100km/h zone on the Bruce Hwy near Iveragh on September 9, 2016.
Leahy was convicted in Gladstone Magistrates Court on May 1 last year of disobeying the speed limit.
Yesterday, in the District Court of Queensland, Justice Brad Farr rejected Leahy's appeal of the conviction.
Leahy argued the speed detection device was not tested by the police officer who used it and that it provided an inaccurate reading.
He said the police officer who tests the machine in the morning must be the same officer who operates the machine during the shift.
The machine was tested before and at the end of patrol by road policing officer Senior Constable Street.
Sen Const Street gave evidence that Sen Const Baxter, who was using the device when Leahy's speed was detected, was present for the test.
They said it was standard practice for the first operator, the driver, to test the device at the start of the shift.
Justice Farr said he could not find any support for Leahy's contention, and that the word "operator" meant the person using the device at the time - whether it be at the time of testing or at the time of operation.
"The term merely refers to a person authorised to operate such a device... there is no challenge in this matter to either officer being so authorised," he said.
Leahy also argued the ballinger digital speedometer affected the accuracy of the radar detection device, but he did not have any supporting evidence.
Justice Farr dismissed this claim because both devices had the police vehicle travelling at 95km/h at about the time it passed Leahy. "It strains credulity to suggest that both devices were operating inaccurately to exactly the same degree," he said.