Margate Biker conviction set aside

[LazyLion]

A Margate motorcyclist's conviction for speeding at 190km/h and his R12,000 fine were set aside on appeal in the Pietermaritzburg High Court on Tuesday.

Dirk Johannes Putter, 36, was convicted in the Scottburgh Magistrate's Court in December. He was fined, with an alternative of a 12-month sentence.

Putter alleged that the court had erred in its judgment as the State had failed to prove beyond reasonable doubt that the speed timing apparatus accurately determined his speed.

He alleged that the State had failed to call an expert witness to prove that a traffic officer had operated the apparatus correctly and that the reading was accurate.

Judges Johan Ploos van Amstel and Daya Pillay set aside the conviction and sentence.


Source : Sapa /str/fg/tk/jje/lp
Date : 24 Jun 2014 14:48

 

[ScottulusMaximus]

Should've convicted the lot of them, kept me awake for 4 nights straight during that damn bike fest #firstworldproblems

 

[Rocket Raccoon]

Ah technicalities.

 

[MrGray]

Ah technicalities.

Yeah, like actually having some proof that the measured speed was correct.

The prosecution didn't do their job properly, so, fair enough, throw the case out. It cuts both ways, the technicalities are there to make sure that offenders are fairly dealt with.

 

[McGuywer]

I wonder how many of the measurement equipment is in fact legal.

 

[deweyzeph]

I wonder how many people get unfairly fined for speeding with malfunctioning equipment. Not everyone has the resources to challenge a speeding fine in court and especially take it all the way to the appeals court.

 

[hsmnel]

Stupid a**hole wasting our tax money, But keep on speeding, next we might read about you killed while speeding.

 

[McSack]

I wonder how many people get unfairly fined for speeding with malfunctioning equipment. Not everyone has the resources to challenge a speeding fine in court and especially take it all the way to the appeals court.

I reckon the majority. Every fine I have ever queried has been dropped right there and then when I asked for details regarding calibration and operator certification

I'm all for enforcing the law ... just do it legally

 

[deweyzeph]

Stupid a**hole wasting our tax money, But keep on speeding, next we might read about you killed while speeding.

According to the court there is no proof that this guy was speeding, so that's purely speculation.

 

[McSack]

According to the court there is no proof that this guy was speeding, so that's purely speculation.

100% ... innocent until proven guilty. Unfortunately our law enforcement agencies are so inept that the smallest of technicalities trips them up. You have the very same schidt happening with drunk driving convictions.
[but by god ... heaven forbid you don't pay sars every cent they say you owe them ]

 

[Sean008]

Stoopid prosecutor needs to have a months pay docked at least for his/her's obvious indiscretions ! One would imagine that the validity of the charge would have reigned paramount before this biker was actually charged. Offcourse, if the biker was indeed speeding, then he/ she remains a cu%t of the highest order.

 

[Polish]

Judges Johan Ploos van Amstel and Daya Pillay set aside the conviction and sentence.

What does that mean 'set aside' ?

As in permanently, or to finish later, or as in strike from register ?

 

[deweyzeph]

What does that mean 'set aside' ?

As in permanently, or to finish later, or as in strike from register ?

As in it never happened.

 

[deweyzeph]

Stoopid prosecutor needs to have a months pay docked at least for his/her's obvious indiscretions ! One would imagine that the validity of the charge would have reigned paramount before this biker was actually charged. Offcourse, if the biker was indeed speeding, then he/ she remains a cu%t of the highest order.

The court has ruled that the biker was not speeding so there's no if.