Ali v Commissioner of Police

[2009] QDC 406

[2009] QDC 406

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE SAMIOS

No 2123 of 2009

TARIA FARAZ ALI	Appellant
and
COMMISSIONER OF POLICE	Respondent
BRISBANE ..DATE 07/12/2009
ORDER

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HIS HONOUR: This is an appeal against a decision of the

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learned Magistrate at Gatton who on the 7th of July 2009
convicted the appellant ex parte for disobeying the speed
limit pursuant to section 20 of the Transport Operations Road

Use Management Road Rules Regulation 1999.

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The appellant in his outline says that on the 7th of July 2009
he was to appear at the Magistrates Court of Queensland at
Gatton. Unfortunately he had work and personal commitments
which had made it very difficult to appear on the day. He had

all intentions beforehand to appear on the date of hearing but	20
unforseen circumstances had prohibited him from doing so.
He has appeared before me today and says that on the 4th of
July 2009, the Saturday, it was his sister's wedding. There
were a lot of relatives and friends from overseas attending	30
and on the 7th of July 2009, the Tuesday, he was committed to taking people backwards and forwards to the airport.
These reasons, in my opinion, are insufficient to justify
allowing the appeal. He elected, knowing the Court date, to	40
attend to personal business rather than attend the Court as he should have.
In those circumstances I am satisfied the learned Magistrate
did not err by proceeding ex parte. In addition the appellant	50

had the right to seek a rehearing before the Magistrate. He
has not availed himself of that opportunity.
Therefore in these circumstances I dismiss the appeal. 1-2 ORDER 60

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1-3 ORDER 60