New Zealand Police - 9 February 2018 - 80 Dollar Ticket - Part 18 - Update after Hearing
Posted 30 minutes ago, 9 Views, 3 Likes, 1 dislike, gotta love the hater, must be an employee of ADC or NZP, air hugs!
As this matter is still not completed, we are now at the stage of submissions and motions before HH Judge Mathers makes her findings.
On 9 February, a hearing lasting for over 3 hrs throughout 6.5 hr at Court, Police Prosecutions had 1 witness stating he was there that day.
No evidence of a temporary 80 kmh Sign was presented, nor any Gazette showing such.
1 Photograph was presented, showing FAN394 on the N/Western Motorway, without any identity of the driver being visible.
The Witness was unable to verify any tracking history was performed and could not verify the Defendant was there or the Driver.
No evidence showing the defendant was the alleged offender was produced.
The plaintiff rests that section 133 of the Land Transport Act 1998, presumes the registered owner(s) to be liable for the alleged offence absent proof to the contrary, however the defendant has the presumption of innocence. and did not testify or make any declaration and knows the burden of proof lies with the plaintiff.
As 'Liable' means Liable upon conviction, until conviction, the defendant retains the presumption of innocent.
As a not guilty plea was entered, the presumption of the defendant being the driver is rebutted.
Next hearing is scheduled for 26 April 2018 at ADC, i'm guessing in courtroom 11 again with Judge Mathers at 9:30am.
Thanks for keeping an interest everyone.
To contact me, feel free on 0275314470.
As this matter is still not completed, we are now at the stage of submissions and motions before HH Judge Mathers makes her findings.
On 9 February, a hearing lasting for over 3 hrs throughout 6.5 hr at Court, Police Prosecutions had 1 witness stating he was there that day.
No evidence of a temporary 80 kmh Sign was presented, nor any Gazette showing such.
1 Photograph was presented, showing FAN394 on the N/Western Motorway, without any identity of the driver being visible.
The Witness was unable to verify any tracking history was performed and could not verify the Defendant was there or the Driver.
No evidence showing the defendant was the alleged offender was produced.
The plaintiff rests that section 133 of the Land Transport Act 1998, presumes the registered owner(s) to be liable for the alleged offence absent proof to the contrary, however the defendant has the presumption of innocence. and did not testify or make any declaration and knows the burden of proof lies with the plaintiff.
As 'Liable' means Liable upon conviction, until conviction, the defendant retains the presumption of innocent.
As a not guilty plea was entered, the presumption of the defendant being the driver is rebutted.
Next hearing is scheduled for 26 April 2018 at ADC, i'm guessing in courtroom 11 again with Judge Mathers at 9:30am.
Thanks for keeping an interest everyone.
To contact me, feel free on 0275314470.
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