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Wrongly Convicted Database Record
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Charge: |
Vehicle Offenses |
Sentence: |
"$1,744 fine and 6 month suspended driver’s license" |
Years Imprisoned: |
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Year Crime: |
2010 |
Year Convicted: |
2011 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
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City of Crime: |
Sydney |
Result: |
Judicially Exonerated |
Summary of Case: |
"John Busuttil was convicted in June 2011 of riding his Suzuki motorcycle at 93 mph (149kmh) in a 37 mph (60kmh) speed zone in the Royal National Park in May 2010. The park is 18 miles south of Sydney, Australia. Protesting his innocence, the 29-year-old Busuttil was fined $1,744 and his driver’s license was suspended for six-months. Busuttil appealed and the Sydney District Court quashed his conviction and sentence on October 26, 2011. His conviction was based on highway patrol officer’s use of a hand-held radar gun, and the court ruled the use of the radar gun was “radically wrong.” For his appeal Busuttil subpoenaed the police records and video of the incident. During his appeal hearing the video was played that showed the radar speed detector mounted inside the patrol car clocked him going 47 mph (76 kmh). Busuttil also presented the expert evidence of an internationally accredited radar expert, Roy Zegers, that a hand-held radar gun has to be locked onto an object moving in a straight line for a minimum of three seconds before it can register an accurate speed. Busuttil then presented expert evidence by a surveyor who testified that where Busuttil’s motorcycle was clocked the straight stretch of road was 100 meters shorter than an officer had testified during his trial. The actual length of straight road wasn’t enough to allow the officer 3 seconds to take a reading. In quashing Busuttil’s conviction the appeals court ruled the errors in his case were “extraordinary and fundamental.” The judge also ruled that although there was no evidence the police officer acted with malice, reimbursement of Busuttil legal costs in his defense was warranted. Busuttil estimates that he spent more than $60,000 in legal and expert witness fees, and other expenses such as filing fees and court costs. After his conviction was overturned Busuttil told reporters, “It’s cost a lot but it’s worth it in the end.” Busuttil’s investigation also discovered that on the same day he was given a ticket 22 other drivers were charged with speeding on the same stretch of road based on hand-held radar speed readings, and 10 of them had their driver’s license suspended. So his case could be used as the basis for the other drivers to challenge the legality of their convictions. Note: All dollar amounts are in Australian dollars, and on October 26, 2011 the exchange rate between the AUS$ and the US$ was exactly even at AUS$1.00 equal to US$1.00." |
Conviction Caused By: |
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Innocence Proved By: |
"Busuttil's conviction and sentence were quashed by the Sydney District Court on October 26, 2011." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"“Was it 149km/h or 76km/h? Biker's barrister father wins $60,000 battle to beat speed charge,” By Louise Hall (staff), October 26, 2011" |
Information Location 1: |
http://www.smh.com.au/nsw/was-it-149kmh-or-76kmh-bikers-barrister-father-wins-60000-battle-to--beat-speed-charge-20111026-1mjce.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org