My remarks I would like to make to the court in light of the prosecution dropping its case entirely now that I am here to defend myself.

Note this was given after the criminal case against me where I was convicted in my absence because the prosecutor failed to notify me of the proceeding, then I found out when I received the fine, I appealed, on appeal the case was re – opened. Once re – opened the prosecutors dropped all the charges because I was there to defend myself. They arrived an hour prior to the hearing to announce it and disappear before I even turned up. Then the court refused to hear my case, until I insisted to be heard because of the prior shenanigans at that same building.

This was before I lodged a civil claim against Transurban for wasting all this time and maliciously prosecuting myself and thousands of others. A claim thrown out because I was in the wrong court as directed by court staff.

Your honour: I’ll keep it as brief as possible. Thanks..

This all started over $6 in tolls in early 2014. My credit card had been stolen and I had cancelled it, was waiting on a new one in the mail. I incurred $6 in tolls during this period. I received a letter from motorways Corp to say I owed $6 and I should pay $100 as my account had been suspended with no valid card payment. As soon as I received the new card I phoned the go Via people, gave them the new number, agreed that the $6 and all future tolls should be debited from new card. A card which is still in use to this day. Total time elapsed only a few days.

A month later I received a penalty notice from GO VIA stating I had to pay $100 + in fees because the $6 hadn’t been paid, again I called them and told them the story. This time I refused to pay the late fees, as I had made every reasonable attempt to pay on time, and was met simply with, if you don’t pay it just keeps going up, your license gets suspended and it gets referred to SPER. Again I said, and put in writing that they should debit the $6 from my new card and they are not entitled to any penalty payments at all.

That’s why we are here today. I’ll skip to the present.. The prosecutors here last month failed to notify me of a hearing, and rushed through this matter and secured a conviction and order for me to pay in excess of $1000. Only luckily did I find out during the valid appeal period and lodged an appeal to get a hearing.

At the appeal, the judge removed the decision and allowed for a hearing date. Now that the hearing date has been set, the prosecutors decide there’s no evidence to proceed…. If there never was any evidence, then why did they see fit to prosecute in the first place?

If they could only secure a conviction in my absence, then it’s not really a fair hearing. Now that I am here to tell my side, and present supporting evidence they simply give up?

What I am asking for is some sort of deterrant to be put to Queensland motorways corporation, and maybe the department of transport regarding prosecuting such trivial matters. I understand that tolls must be paid and rules followed, but I acted in good faith in this matter right from the start, and have had to take 2 days off work unpaid to defend this matter, I made numerous long telephone calls to QLD Motorways and have written letters. I’ve wasted far too many hours on a lousy $6

If they had of accepted my $6 payment at the start and accepted that my credit card was stolen and cancelled. Then huge amounts of court time, prosecutor time clerk time, my time could have been saved.

I believe that QLD motorways is abusing the system it has where it uses state government collection services to collect private debts. I only ever objected to paying their unwarrented late fees, never the original debt.

If I treated my customers like that I’d very quickly have none.

If the prosecution had a legitimate claim on me they would have presented it today.

I would seek at this point to be reimbursed for my costs associated with this matter. 2 days off work and around 2 hours on phone calls and writing letters.

My rate is $100 per hour as a specialist electrician, and I can verify these figures.

I understand if this court cannot award costs, and if so, can I pursue a civil action against motorways corporation for this monumental waste of everybody’s time?

Thanks

Simon Hickey

NOTES :

The following courses of Action may be necessary

  • If Unsuccessful : At this point depending on the reaction from judge a LUPEZ Escape maybe necessary. Use all available haste. Wear sneakers to facilitate speedy transition from courthouse to waiting vehicle
  • If successful : Present big bag with $$ sign on it to be filled with cash by guilty prosecutor.
  • Take large $ bag to closest nudie bar.