Motorbike rider clocked at 175kmh
A BIKER caught doing 175kmh in a 100kmh zone on the Cunningham Highway at Maryvale has lost a Brisbane District Court appeal against his conviction.
Shane Terry Smith of Brisbane was booked for speeding on Rodeo weekend 2008 by Yangan-based police officer Senior Constable Ray Hutchinson.
When asked his reason for exceeding the speed limit Smith, who on Sunday, October 26, 2008 was on a charity bike ride to Toowoomba with 100 other riders, told Snr Const Hutchinson: “It's a beautiful piece of road.”
But Smith later pleaded not guilty, claiming the officer, who was using a mobile radar device, had pointed it at the bike behind him.
When his summary trial was heard in the Warwick Magistrates Court in December last year the court was told that when he was pulled over, Smith said he thought he was only doing 120kmh.
At the conclusion of the case, Smith was found guilty of speeding.
But Smith appealed to the District Court, arguing his conviction was “unsatisfactory” because the magistrate had made an error in finding it had been Smith who had been speeding, not the bike following him.
In a judgment published by the District Court yesterday, Judge Marshall Irwin refused the appeal, saying he was satisfied Snr Const Hutchinson's evidence about which bike he trained the radar on was “not only honest but accurate”.
“There is no reason for me to depart from the acting magistrate's conclusion ... therefore he is guilty of the offence,” the judge said.
He noted Snr Const Hutchinson had nearly 30 years experience as an officer and was driving east along a straight stretch of the highway which ended in a dip.
In the original Magistrates Court hearing, Snr Const Hutchinson testified that just after 11am on the day in question he had seen “the blur of a motorcycle” travelling in the westbound lane towards him before it went into the dip.
He said he could see “very, very clearly” that the motorcycle was travelling at a “very high speed”, well in excess of the 100kmh legal limit.
As a result, he activated his speed radar and pulled over the rider.
Snr Const Hutchinson gave evidence in court that he had “locked” the radar on to Smith and his bike and was not in a position to record the speed of the approaching second rider.
The original penalty handed down to Smith was a fine of $900 and a four-month driving disqualification.
He was also ordered to pay $68.60 in Magistrates Court costs.