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 Top OZschwitz barrister appeals speeding fine, find out why

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Top OZschwitz barrister appeals speeding fine, find out why Vide
PostSubject: Top OZschwitz barrister appeals speeding fine, find out why   Top OZschwitz barrister appeals speeding fine, find out why Icon_minitimeThu Jun 04, 2015 3:41 am
Prominent Queensland barrister Tony Morris says his legal challenge to a speeding ticket isn't about money, but about taking a stand against unfair speed camera laws.

Top OZschwitz barrister appeals speeding fine, find out why 1433306405102

The Queen's Counsel, who headed a state inquiry into former surgeon Jayant Patel, challenged the $146 ticket in Queensland's Court of Appeal on Wednesday on the basis that he was not the driver of the car involved.

The Volvo is registered to him but Mr Morris won't reveal who was driving when the car was snapped travelling 7km/h over the 50km/h speed limit in Brisbane last year.

Outside court, he said the appeal wasn't about the fine, which he proposed to pay anyway, but about car owners being liable for offences they didn't commit.

"The legislation effectively says, `if you're the registered owner of the vehicle, then whenever that vehicle is used to commit an offence, you are personally liable for that offence.

"Now in terms of social goals, I think that's a sledgehammer to crack a walnut."

Mr Morris said he would understand a law that compels people to dob in the real driver.

"But when you have legislation that makes every Queenslander who's the registered owner of a vehicle liable if that vehicle is used to commit an offence, I think that's going too far."

Mr Morris, who became the country's youngest Queen's Counsel when he was appointed at the age of 32, spent more than 90 minutes trying to convince the Court of Appeal why he shouldn't be liable for the offence.

He argued the law was unconstitutional and an affront to the appearance of judicial independence.

Representing the attorney-general and Queensland Police, Solicitor-General Peter Dunning QC pointed out that people wrongly charged with speeding can provide a statutory declaration naming the driver.

Justices Catherine Holmes, Robert Gotterson and Philip Morrison reserved their decision.

http://www.brisbanetimes.com.au/queensland/queensland-barrister-tony-morris-appeals-speeding-fine-20150603-ghfs2i.html
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