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Police loses appeal over speeding ticket: What a waste of our money

BrisbaneTimes.com.au

Queensland police have lost an appeal against a judge's decision to acquit a woman of a speeding charge.

Police launched a review of traffic charge trials after Bilyana LeKich successfully appealed a speeding ticket.

On September 4, 2008, a magistrate found Mrs LeKich guilty of speeding and fined her $200.

Police alleged she was driving at 114km/h in a 100km/h zone on the Bruce Highway.

Their only evidence was a photograph taken by a fixed speed camera.

Mrs LeKich did not dispute she was driving the car or that the speed camera took a photo, but argued she had not been speeding.

She appealed to the District Court, which found the photograph was inadmissible because police failed to provide proper certification.

Since the photo was the only police evidence, the appeal was allowed and the conviction set aside.

"If the deficiency reflects the ordinary practice adopted in these prosecutions by the traffic camera office, it seems to me that the practice requires review," Judge John McGill said at the time.

Police appealed Judge McGill's decision to the Court of Appeal which in an unanimous judgment on Friday refused it.

In his written judgment, Supreme Court Justice Hugh Fraser rejected the police argument that the speed camera photo should be accepted as admissible evidence because such photos were presented routinely to court.

Police had argued that in 2008 and 2009 briefs were prepared for potential hearings in 475 matters and 406 matters respectively, and they had a "prosecutions pending" list of 1,556 and 1,719 speeding offences respectively in the same periods.

But Justice Fraser noted that since the District Court decision police prosecutors had been following the relevant Act.

Who are the clowns running the Australian Electoral Commission: GetUp! wins again in online vote case

BrisbaneTimes.com.au

Australians will be able to enrol online after the Federal Court ruled in favour of activist group GetUp! in its action against the Australian Electoral Commission.

The group took the commission to court after concern was expressed about an online voting enrolment site it created in July.

But today Federal Court Justice Nye Perram ruled the test case of 19-year-old Sophie Trevitt, who enrolled on the GetUp! website OzEnrol, was legal.

'Historic' win ... GetUp! national director Simon Sheikh.

'Historic' win ... GetUp! national director Simon Sheikh.


GetUp! national director Simon Sheikh called the win "historic".

"Today's decision vindicates the process of online enrolment," Mr Sheikh told reporters.

"We know that we pay our taxes online, that we do our banking online and we should be able to enrol to vote online."

He said GetUp! would be campaigning to allow online enrolments in all future elections, starting with Victoria's state election in November.

"The AEC's next moves are up to them. We'll be pushing the case for online voting vigorously so that it can be in place in time for the Victorian state election."

It is the second win the group has had in court in two weeks – last Friday the High Court ruled Howard government laws that closed electoral rolls on the day writs for an election were issued were invalid.

In a majority judgment, the full court struck out the laws brought in by the Coalition government in 2006 that cut the deadline from seven days to one for enrolment and three days for a change of details.

Queensland Politics: Police won't budge on pay offer

Is Ian Leavers President of the QPU doing the right thing by his Police Union members?

Rank and file police union members must be disappointed at their union's rejection of a pay offer which would have given them significantly more annual salary than their counterparts in NSW and Victoria.

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Joint Statement: Premier and Minister for the Arts

The Honourable Anna Bligh

Minister for Police, Corrective Services and Emergency Services

The Honourable Neil Roberts

13/08/2010

Qld Government offers immediate police pay rise

Premier Anna Bligh said today she was disappointed the police unions had rejected an immediate, increased pay offer which would see Queensland police getting thousands more than their counterparts in NSW and Victoria each year.

"What we put on the table today was an offer of an immediate three per cent increase backdated to July 1, 2010," Ms Bligh said.

"Today's interim offer would have delivered an immediate pay rise while the three-year enterprise bargaining agreement went to the independent umpire - the Queensland Industrial Relations Commission - for final determination."

The Government's offer was subject to an agreement that: public servants other than police operate speed camera vans, and all other outstanding issues - including the final amount of the pay rise over the next three years - be resolved with the assistance of the Qld Industrial Relations Commission.

"The Government wants to see this money getting into the pockets of police because we recognise and respect the vital role they play in keeping Queensland communities safe," Ms Bligh said.

"I am disappointed the police unions have today rejected our offer because it would have meant each and every week around an extra $38 for a constable, $47 for a senior constable and $57 for a sergeant."

The Government has now filed an application in the Queensland Industrial Relations Commission seeking the assistance of the independent umpire in settling the dispute.

"I want this dispute settled as soon as possible so our police can get a wage rise," Ms Bligh said.

"Given that discussions have reached a stalemate, the best way forward is through the QIRC."

Ms Bligh said the increase (including base salary, superannuation and shift allowances) would also mean:

·A constable gets $3,451 more each year than their counterpart in NSW and $7,393 each year more than their counterpart in Victoria;

·A senior constable gets more than $4,522 more than their counterpart in NSW and $10,859 more than their counterpart in Victoria; and

·A sergeant gets more than $7,274 more than their counterpart in NSW and $9,629 more than their counterpart in Victoria.

Police Minister Neil Roberts said today the Government had a strong record of supporting the police service - delivering a record budget this financial year and more police officers to the frontline.

"We've now got more than 10,300 serving police officers helping to keep our communities safe," Mr Roberts said.

"And this year we delivered a record $1.8 billion Budget investment in our police service - an investment which also includes delivering better crime fighting equipment and upgrading and improving police stations."

"Today's offer - particularly in the context of a tight budget - is fair and reasonable and I'm disappointed the Queensland Police Union didn't come to the party and ensure this pay rise got to our hardworking officers who deserve it."

Snob Hill comes to Brisbane while chefs stew as unknowns poach awards

BrisbaneTimes.com.au

Industry insiders were shocked when Aria wasn't named best new  restaurant.

Industry insiders were shocked when
Aria wasn't named best new restaurant.

Brisbane restaurateurs have fried Monday night's industry awards after several shock winners.

Some of the city's leading chefs have criticised the Savour Australia Restaurant & Catering Awards for Excellence for making what they argued were many wrong decisions and questioned whether the public would take them seriously.

They were most surprised by a little known modern Australian cafe - Drift Cafe, which occupies the old Oxley's site on the river at Milton - beating famed chef Matt Moran's riverside Aria to be named best new restaurant.

Drift owner David Moore said he was surprised and "shocked" to beat Mr Moran, but believed his team was worthy of the accolade.

"I think a lot of people expect that a well-known restaurateur or a celebrity chef will win but it comes down to how good does he run the business?" Mr Moore said.

"Just because I haven't got the celebrity status or the [reputation] throughout Australia doesn't mean that I can't provide any more than Matt Moran can provide.

"[The award] is judged on a number of criteria and that goes down through everything from answering the phone to paying the bill to the service quality."

Mr Moore has previously won two Restaurant and Catering awards.

"I may not have the profile that Matt Moran does but I certainly have the runs on the board, a lot of people don't know that," he said.

Chefs and restaurant owners interviewed by brisbanetimes.com.au were also surprised by Bravo Bar B Que in Fortitude Valley taking out best steak restaurant ahead of John Kilroy's Cha Cha Char Wine Bar and Grill; Viale Canova at Clayfield being named Best Italian Restaurant; and Brisbane's Customs House taking home Best Contemporary Australian Restaurant – Informal (50 - 100 Seats).

E'cco owner and chef Phil Johnson threatened to boycott next year's awards.

Mr Johnson, an internationally acclaimed chef, was beaten by Customs House but said it was not "sour grapes" that had him sizzling over the winners.

Numerous winners were undeserving, he said, and it was "unfathomable" that Aria was beaten by a cafe unheard of in the industry.

"[Aria] is a professional, well run restaurant; it's pretty staggering," Mr Johnson said.

"The awards have probably left me cold and I very much doubt I'll enter again.

"It's not about winning but if the awards can't throw up the right winner I just have to question how it's being done.

"I don't think the awards ever really reflect what's happening in the industry. They run hot and cold.

"And for that I can't every believe how the public would take it seriously."

Highly regarded new Fortitude Valley tapas bar Ortiga also did not appear in the awards on Monday night.

But owner Simon Hill said he had chosen not to self-nominate because the judging criteria went against what he was trying to achieve at the restaurant.

"The way the Restaurant and Caterers Awards are judged causes them to sometimes throw out results that are completely opposed to market perception," Mr Hill said.

"The judging criteria favours restaurants that are not idiosyncratic, specialised or different and as odd as it sounds this is exactly what we are trying to achieve.

"Criteria such as scope of menu, range of items on menu, menu explanations, value for money and so on can skew the results to favour the restaurant that is, say, cheap, has lots of varying menu items and easy-to-read menu terminology.

"And while you could mount a pretty good argument in favour of those criteria, the fact remains that the rest of the food writing/critic industry and in my opinion the general public are after quite the opposite."

Last month, Ortiga and Aria were two of six Queensland nominations for the prestigious Gourmet Traveller Restaurant Awards, the most of any state. 

At the Restaurant & Catering Awards on Monday, Restaurant Two received the top gong as restaurant of the year.

Chef and owner David Pugh said he was "over the moon", but admitted if the judges had visited before he employed a new manager earlier in the year his restaurant would not have won.

The award would help fill more tables but, he said, at the end of the day customers would judge for themselves.

"It's all subjective," Mr Pugh said.

"It's been said before, on any given day the judges come in and make an appraisal of a restaurant and if ... they come on a bad night or day it's goodbye.

"You can't afford to rest on your laurels."

Mr Pugh said he was surprised by Aria and Cha Cha Char's results, but said it was not uncommon for smaller, suburban establishments to create memorable experiences.

It took only a few small glitches, such as spilling wine or a grim waiter, to disappoint the judges.

"When you come in with a reputation like Aria ... everything goes under the microscope," Mr Pugh said.

"[But] even though Aria didn't win best new restaurant last night, it's still one of the best places to go to.

"The fact there's another good new restaurant out there [Drift Cafe] should be supported."

In the case of 11-year-old Cha Cha Char, the judges may have viewed Bravo as being "fresher", Mr Pugh said.

"You can't expect to win awards year in, year out if you're going to offer the same thing," he said.

Mr Pugh said he applied that theory to himself and would not expect to again win next year.

Restaurant and Catering Industry Association chief executive officer John Hart defended the awards.

He said the marking system had been created by a mathematician and was "squeaky clean".

"I trust these results implicitly," Mr Hart said.

"It's absolutely as clean and objective as you can possibly make it.

"And if it says that there's a new restaurant that got a great score and that beat Aria then so be it."

Mr Hart said the system was used to review more than 2500 restaurants nationally each year.

Establishments were judged anonymously against 55 or 66 criteria and the results were posted to the association.

Brisbane Airport worker Tyler Cheung Wong on the wong side of the law: Drunk chef caught with loaded gun in his underpants 'in wong place at wong time'

YES, it really was a pistol in his pocket ... or rather, his underpants ... and police were not pleased to see him.

Brisbane Airport chef Tyler Cheung Wong was in the wrong place at the wrong time with the wrong item when officers pulled him and a mate over on the Gold Coast early today.

There had just a terrifying armed hold-up at the Parkwood Tavern, where staff were tied up and robbed by balaclava-clad gunmen, and police were on the hunt for the culprits who were in a stolen getaway car.

They noticed the late model Mercedes in which Wong was a passenger driving erratically on the M1 and intercepted it.

When officers patted Wong down, they found a loaded .22 calibre revolver concealed in his underpants.

Wong, 28, pleaded guilty in Southport Magistrates Court to unlawful possession off a weapon and ammunition.

Duty solicitor Vered Turner told the court Wong had been very drunk and had only come into possession of the gun a few hours earlier.

She did not explain how he got the gun but said he had told it was 'a very stupid thing to do'.

Magistrate John Costanzo said it was 'an appalling lack of judgement (and) ... grossly reckless behaviour'.

`'In this country, we do not tolerate people carrying loaded concealable firearms under any circumstances,'' he said.

Wong was given a two-year jail sentence, wholly suspended for two years.

His co-accused was given a notive to appear in court later this month charged with drink-driving.

CourierMail.com.au

Blackberry Torch Teardown Shows Slider Guts, Antenna

Blackberry Torch Teardown Shows Slider Guts, Antenna

Channel 10 earmarks 2½ hours of news and current affairs


Channel 10 has stolen a march on its rivals with plans detailed in today's Sunday Telegraph to run  2½ hours of news and current affairs each week night.

Local one-hour 5pm bulletins will be followed by a national news bulletin at 6pm then at 6.30pm the highly-credible Jennifer Byrne will head a current affairs program to rival A Current Affair on Channel 9 and Today Tonight on 7.

Ten will maintain its 7PM Project, giving Australian viewers an unrivalled two and a half hours of news and current affairs, 5 days a week.


The changes are expected to take effect in January 2011.