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| Moobi Road, Scone |
So to recount, on Thursday my February and April matters were heard in the Scone Local Court.
As per last time (Adelaide) I ran with the Medical Device argument (you know the drill!), and essentially the prosecution just sat back and let the magistrate do all the work proving that I was guilty beyond reasonable doubt.
Handed down two convictions, costs and fines, and a reminder that I could appeal his decision within 28 days if I wanted to (very tempted), I was summarily despatched and sent on my merry way.
And then we came to Friday.
Back in town for the usual hoo-ha that we have to go to town for, I was pulled over twice by Upper Hunter police in two separate police vehicles in a matter of 20 minutes - lights, sirens, action!
I have to say that after eight years of this caper, roadside conversations with the police seem to be getting sillier, and being asked yesterday was I not concerned that by 'not' wearing a helmet I might be 'tempting fate' left me momentarily speechless. After a brief pause I said that I did not dabble in such nonsense and that I was surprised by the question given that I thought the police only dealt with facts and evidence ... sigh.
But it was the second lot who were truly shitty with me and raised the spectre of punishing me for 'continuation-of-the-offence' offence - yes, how would I like to be arrested, and to be put in the back of the paddy wagon and taken to the station with bail conditions applied?
I wouldn't.
Ordered off my bicycle, I was told to walk it notwithstanding that I was 6km from home
And so I pushed my bike to within 2km when luck would have it that my knight in a not very shining mazda drove past and collected me, bike, baskets and all.
Bugger hey - it's back to the nanna trolley and walking ...
Australia is so very infantile ... how much longer do we have to put up with this redundant state of affairs?
Not surprised the medical device argument didn't get up. It was trying too hard and had almost zero legal merit. You risked being seen as abusing the legal process rather than trying to work within it.
ReplyDeleteMy view is that you would be better admitting the law is what it is, but proceed on the basis of being a conscientious objector to a very bad law, using evidence and expert witnesses to demonstrate the terrible consequences it is having on community health through inactivity.
I would suggest reaching out to Professor Chris Rissell for contacts, and seeing if you can get a good cyclist traffic lawyer to act pro bono so that you are not going into the lion's den with noone to back you.
If you continue to try to fight this battle alone, it will get worse not better.
I'm happy to make a small contribution financially but I want to see a strategy that has some chance of success. The battle is political more than it is legal.
how about just wear a helmet its not that hard
ReplyDeleteHow about just read the rest of this blog. It's not that hard.
DeleteAs per Australian governments own statistics, wearing a helmet puts you at best at no advantage over none wearers for safety, at worst it makes you even more likely to suffer an injury of any sort. Added into which why do you and others not wear helemts for walking or when in a motorvehicle, the first is riskier re head injuries and the latter (in a motor) is the activity which provides most head injuries and deaths by head injuries despite airbags et al? So, if you don't wear a helmet for those two activities then you're a hypocrite.
DeleteThat's not even mentioning the breach in human rights that Australian gov seem to be comfortable with and also a breach of the constitution.
Just saying.
Very sorry to hear it's got that bad, Sue. Down here on my nearly daily helmetless shopping trips the police pass me all the time and leave me alone. I am seeing more other utility cyclists without helmets as well.
ReplyDeleteVery sorry to hear it's got that bad, Sue. Down here on my nearly daily helmetless shopping trips the police pass me all the time and leave me alone. I am seeing more other utility cyclists without helmets as well.
ReplyDeleteI hope you got the names of those bullies Sue. Maybe they could get a taste of their own medicine?
ReplyDelete