found there was a real chance the radar operator had recorded another
vehicle.
It was at least the sixth successful appeal by a Queensland motorist
against a speeding conviction involving the operation of radar devices
in the past 12 months.
In the Magistrates Court at Sandgate last year, John Frederick Toomer
was convicted of doing 81kmph in a 60kmph zone at Brighton, in
Brisbane's northeast, on May 1, 2009.
At a District Court hearing, Mr Toomer appealed his conviction on
eight grounds ranging from the magistrate did not give sufficient
weight to his evidence to the fact the policeman wore glasses and was
aged in his sixties.
In a written judgment, which became available today, Judge Nick Samios
upheld the appeal set aside the conviction and found Mr Toomer not
guilty.
Judge Samios found the substantial distance between Mr Toomer's
vehicle and the policeman operating the radar, combined with the
presence of other vehicles, made it possible there had been a mistake.
He said in those circumstances the magistrate should have had a
reasonable doubt that Mr Toomer was exceeding 60kmph.
Judge Samios added that in some other successful appeals against
conviction police had failed to provide proper certification to
operate radar.
He said, however, in this case he was satisfied the police officer was
properly accredited to operate the device.
