As the States, in particular, Queensland, evolve further and further into a mindless police state, more and more motorists are defending their inherent common law right to traverse the King’s highways, unfettered by the Crown.(Qld has its own version)
Indeed two recent interstate court rulings actually enforced this centuries-old right-of-travel, determining police had no right to stop motorists unless they had committed an offence.
The SunshineState however, since former Labor Party Premier Peter Beattie fiddled with the State Constitution in 2001, is now somehow different. The Queensland Police Service is actually a private corporation, and lawfully exists only to earn revenue.
In April one hapless owner left his car in the charge of an acquaintance in Cairns, then left on a plane to a destination 1000 kilometres away. In his absence, according to hearsay, a person connected with the property where he parked his vehicle drove it in Cairns and scored a camera speeding fine.
The owner returned some days after, unaware of such an event, only to find a month or more later an ‘infringement notice’ arriving in the mail demanding payment, allegedly for driving at 10 kilometres an hour over the limit.
The owner, being so far away and not in contact with the vehicle’s temporary custodians at the material time, had no idea who was driving the vehicle at the time of the alleged ‘offence’.
In consultation with the local State Member of Parliament the owner signed a common law affidavit stating he was not present and could not swear as to who was driving the car and gave it to the camera office.
“This is no good,” said the OIC of the camera office. “You must state on the Statutory Declaration who was driving at the time of the alleged ‘offence.’ ”
This form, which has no provision for supporting information, is found on the reverse side of the notice. The proforma declaration in itself is in direct contravention of Section 193 of the Criminal Code Act 1899.
The OIC by attempting to force the owner to swear an oath, knowing it to be false or based on hearsay, makes the signatory liable to seven years goal under Section 193 of the Criminal Code Act 1899.
It also opens up an opportunity for the owner to institute a private prosecution against the OIC for entrapment, by threats of licence disqualification and monetary penalty, to compel a citizen to knowingly make a false statement.
Fascism is rife in The State of Queensland, and the ruling Liberal National Party appointed a policeman as its Police Minister to reinvigorate it after it became stale and sour during the last term of Labor government.
Arrested land owner opponents of the devastating coal seam gas industry will justify this now commonly held opinion.
The Minister seems not too bad a bloke but as history attests, his similarly appointed Ministerial predecessors in previous governments remain
an important cog in the ‘brotherhood’ wheel.
Because he was in the ‘job’ it is impossible for him to remain at arm’s length from the daily machinations of the police corporation. Once a policeman, always a policeman as the saying goes… “and remember that time I covered for you?”
Once in this position, the favours are called in.
This is why a former or serving policeman should never be appointed as a Police Minister. Appeals for common sense in the traffic fine scam fall on deaf ears.
The best earner the boys in blue have is traffic fine revenue, a great money spinner fleecing more than two million dollars a week in Queensland from hard done by motorists forced to endure endless random breath testing, roadside vehicle mechanical inspections, road blocks, log books, hidden cameras, unmarked vehicles with camera surveillance equipment, weigh-in-motion sites and now, according to several state governments, drones in the sky spying on you every hour of the day.
It goes without saying these ploys have NOTHING to do with road safety or saving lives.
From online comments received, coupled with endless anecdotal evidence from harassed motorists, most people have had enough.
Voting for either the Labor or Liberal parties will not make one iota of difference. Police say their monitoring of motorists will get much worse.
In regional Queensland where a large proportion of inhabitants have not been brainwashed by 24 hour television, people can still think and these good citizens say they are supporting Bob Katter’s party.
He has federal candidates in every state and territory. from Robert J Lee in Cairns