Prominent Perth businessman John Kizon has launched a legal challenge against a traffic fine, claiming the police officer was not authorised to use the speed gun which allegedly detected him speeding.
Mr Kizon went on trial in the Perth Magistrate's Court to defend a charge of exceeding the speed limit in a 50km/h zone.
He is accused of driving at 63km/h along Railway Parade in West Leederville in January last year.
Today Mr Kizon's lawyer Shane Brennan argued that the traffic officer, Sen. Const. Malcolm Lee, who pulled him over, was not authorised to use the laser speed gun which allegedly detected Mr Kizon speeding.
He told the court Sen. Const. Lee had completed a certificate of competency in 1992 but the particular model of speed gun which he used last year was not approved for use by the State Government until 2008.
Police prosecutor Michael Ryan told the court Sen. Const. Lee was a member of the police force and was able to use the equipment.
Under cross-examination, Sen. Const. Lee said the first type of speed gun he recalled being trained to use as part of his course in 1992 was the same type as the one which allegedly detected Mr Kizon speeding.
Outside court, Mr Kizon said he had not accrued any demerit points on his driver's licence and he took the matter to court out of principle.
"I believe I'm fighting for the little guy on the street like myself and it's simple - I can't drive a truck with a C-class licence," he said.
"We believe the officer wasn't certified to use that gun. I'm not going to just lay down and be a sheep - it's a principle matter and if we have to, we'll go to the Supreme Court. JK is fighting for the little guy, always."
Mr Brennan said the crux of his argument was that Sen. Const Lee was not an authorised person to give evidence of a speed measuring device.
He said if Magistrate Elizabeth Woods ruled in Mr Kizon's favour when she handed down her decision next month, it could have huge ramifications for WA Police.Magistrate Woods reserved her decision until November 1.
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