How Angry does this make you!?

[Fox]

Accused drink-driver can remain on road
Katie Lapthorne
October 26, 2004

A WOMAN accused of killing a motorcyclist at the weekend while drink-driving can remain on the road.

A magistrate yesterday gave Melanie Louise Edwards, 27, permission to drive her car to and from work.

Ms Edwards was allegedly driving on the wrong side of the road when she hit the motorcyclist at Wallan on Saturday and arrived home in a car splattered with blood and pieces of flesh, Melbourne Magistrates Court was told.

The court heard Ms Edwards was driving on the Northern Highway about 7pm when her car crossed double lines, on to the wrong side of the road and collided with the motorbike, killing its 41-year-old rider.

Senior Constable Trevor Collins told the court Ms Edwards had admitted spending the day drinking with a friend before getting in the car to drive home.

The court heard Ms Edwards told police she had shared two bottles of wine, and drunk two full-strength beers and another half glass of wine during the afternoon.

Sen-Constable Collins said Ms Edwards said during a record of interview her friend had gone to bed because she was tired and drunk, and she had decided to head home.

The court heard Ms Edwards told police she had no recollection of seeing any vehicle before or after the collision.

Sen-Constable Collins said Ms Edwards told police she stopped after the accident and checked her car before driving off. He said Ms Edwards' car eventually stopped because a front tyre was shredded.

Sen-Constable Trevor Collins said when he inspected the car he saw "blood and large pieces of flesh" on the vehicle.

A line of blood, which Ms Edwards said she thought was red paint, was found on the left side of the car.

Ms Edwards, of Mill Park, faces charges of culpable driving causing death, driving under the influence and failing to render assistance.

The court heard Ms Edwards was a sales assistant and needed her car two days a week for work purposes.

Police initially made it a condition of Ms Edwards' bail that she not drive, but magistrate Ian Gray varied the order, allowing her to drive to and from work. Ms Edwards was ordered to appear in court again in January.

Herald Sun


This report appears on NEWS.com.au.

[RinOz]

says a lot for our judges

[OZSLR]

A bit like the lady in QLD earlier this year, who got away with a $500 fine and kept her licence, for turning in front of a motorcycle she "didn't see" resulting in the death of a father of 2 with another baby due in weeks. Apparently the judge remarked that she had "suffered enough" and the punishment was befitting.

I don't like to dwell on these outcomes too much, I just get pissed off, frustrated and then feel helpless.

A few of us on another forum wrote to the ministers responsible asking for an explanation but have not got any further than "thank you for your letter, we will look into it accordingly".

[Fox]

Seriously scary stuff ..... makes you really wondeer about the society we live in ... oh well I'll put the loud pipes back on ....

[Exdukenut]

George Bush just got back in.....now that's something for society to think/worry about! Not that I'm political mind you..........:rambo:

Anyways....back to the topic, yep that sux big time, in my book! She should be off the road for 5 years minimum!

[OZSLR]

Ahhhhhh, It just dawned on me !

In both these cases, neither were speeding which is the real killer on our roads and by way of penalty the most serious of road offences. They were also only driving while drunk and failing to look and indicate while doing a U-Turn. They also demonstrated compassion to their fellow man by running standard exhausts, not those horrible menace to society aftermarket systems, As such leniency was the just outcome.

[OZSLR]

OK, here is the reply received in regards to the enquiries placed by members of ther other forum. Several persued a response and all got exactly the same letter.......................

Thank you for your email of 18 August 2004, a copy of which was forwarded to me from the office of the Attorney-General and Minister for Justice, concerning the results of two court cases against drivers involved in fatal traffic incidents in the Bundaberg area.

I requested information on these cases from the Queensland Police Service and am advised that the two incidents were investigated by qualified police accident investigators and that charges were preferred against the respective drivers.

In relation to the first incident, I am advised a motorcyclist was killed after a vehicle approaching from the opposite direction turned right into the path of the motorcyclist. Based on the available evidence, the offending driver was charged with 'Driving without Due Care and Attention'. The offender appeared before the Bundaberg Magistrates Court on 30 July 2004 and was fined $500.00. The prosecution sought a court order disqualifying the offender from driving, but the presiding magistrate declined to make such an order. Police did not pursue an appeal as it was considered the sentence was not manifestly inadequate having regard to all the circumstances of the case. The District Officer, Bundaberg Police District has reviewed the investigation and is satisfied that the relevant charge and the decision to not pursue an appeal were appropriate.

Regarding the second incident, I am advised police investigations resulted in a person being charged with 'Dangerous Driving Causing Death'. Following a trial in the Bundaberg District Court, on 11 May 2004 a jury found the accused ‘not guilty’.



/2

- 2 -

I can assure you that this Government and the police regard the death of any person on our roads as a tragic loss and a very serious matter. However, judicial independence is a fundamental principle of our system of government and the courts have a duty to decide each case according to law without external interference. Neither the Government nor the police have any authority to dictate how the law is to be applied by the courts in any particular case.

I trust this information is of assistance.

Yours sincerely






Judy Spence MP
Minister for Police and Corrective Services


..........So get nabbed doing more than 30K's over the limit and you lose your licence. Turn in front of an oncoming motorcycle, resulting in their death, and it's a $500 fine and to retain your right to drive !!!!!

[RSVspike]

Hi Ozzie Riders,
We have the same weak wristed wankers incharge of our justice system.
Murderers/rapists/kiddiefiddlers/drunk drivers walk while Bikers that speed with small number plates, race cans, black visors go down.
Hopefully the pendulum will start to swing back the other way soon.
Cheers
Spike
Ps i should'nt say Wankers as it rubbish's my favorite hobby:eek:

[Fox]

Gee I inadvertantly ran over and killed the Judge's 11 year old son while popping a wheelie on the Mille, hope I don't cop that 'Driving without Due Care and Attention' fine. It's $300 more than the 'riding with a loud pipe' fine!

Oh, I was absolutely shit-faced at the time, but that shouldn't make any difference, I'm sure I'll at least be allowed to Mt White twice a week.

[OZSLR]

Why not get a law degree and become a supreme court judge. Apparently your blood samples taken as a result of traffic incidents somehow just go missing :-)

[char_lang_wazza]

what is the point of complaining and slandering each side ?

Both sides have to bend riders , politicans and give and take our mothers taught it to us

pity we just believe our side is right and they are wrong

real resloution through humility, communication seems dead if we ever had it in the first place


and this is my first post

don't actually own an aprilla (aim to one day) but am a fan

[Exdukenut]

Sorry, who mentioned HATE?

We were just commenting on the poor sense of justice that say comes from pinging a biker $200 for a non std, and allegedly noisy pipe, as opposed to some twit, who kills a m/cyclist, through sheer negligence, and still gets to drive her car afterwards. And cops a $500 fine.

Yet you can cop a $1200 fine for doing 30Kph over the speedlimit, and instant loss of licence, no second chances, no work permit for riding.

You do the maths!!!! :shooter:

Grudges........I don't think so! We are just bringing to the forum, a certain discussion, which one day may affect us directly! (I hope not!)

[char_lang_wazza]

sorry if I over stepped the mark
I'm new be gentle

plus jealous of all you Aprilla owners

[Exdukenut]

Sorry.....welcome aboard. But I don't think I was that harsh was I?

:cool:

PS There was also a recent case in the US where a Senator got off lightly, if not completely, for killing a rider, whilst pissed, (alledgedly).

Anyways....I personally believe the justice system, and what they are meeting out, for what some people do, as well as what politicians are trying to force on law abiding citizens, in the way of fines etc, (revenue raising), is appaling quite frankly.

All in the name of political correctness. :rolleyes:

(I'm off my box now!)

:cool:

[OZSLR]

Maybe I can give some insight into my post.

Several months ago, a rider in QLD, who was also a father of 2 with 1 due shortly, was killed as a driver excecuted a right hand turn in front of him. He had no blood alchohol reading nor was it deemed he was speeding.

The offender claimed that she did not see him. The prosecution pushed for licence suspension on top of the $500 fine handed out, but the judge ruled that the driver had "suffered enough" and the person allowed to keep their licence.

My post of this situation was prompted by a similar incident and the start of this thread by Fox. In fact his post represented an even worse situation in my view as the driver demonstrated no self control and drove while drunk, so drunk in fact that they apparently had no recollection of hitting anything. This person also continues to drive albeit 2 days a week.

The point of the letters sent by myself and others which prompted the response I posted, was to gain an understanding of how this ruling came about, relative to the severity of other fines and suspensions particularly targetting motorcyclist, one of which had lost his life. Depending on the reply, we would consider more lobbying and questioning. A democratic approach. No buildings burnt or persons intimidated drievn by the hate refered to. Just a bunch of riders getting a little tired of the way the pendulum has been swinging.

I hope that more are encouraged to do the same. This is not an issue driven by hate, but by the very attempt as put above, to seek action through humility and communication. Also, the continued injustice as Exdukenut raises, fuels frustration and prompts discussion and debate as well as steam that needs to be vented and a public forum is an ideal vehicle for this.

My comments about Supreme court judges also referenced a inqury currently under way in Australia.

Everyone is entitled to their opinon, I am the first to stand for that, I just don't like being lectured to that I should not be objective on an issue where an apparent injustice had taken place and used a forum relative to this to vent some frustration.

If more individuals got off their backsides and attempted to do similar to above, by putting some pressure on those that administer our laws and judgements, and raising the injustices to others with a common interest, we would be a little further down the track. Instead most sit back and just have an opinion !

I did my research before posting and based it on fact !!! Oh yeah and I had a bit of a whinge too !

Sorry, I'll get off my soap box now and have a little lie down.

[prillakilla]

G`day guys, Can any one remember any previous cases of governments " leaning" on the legal system to maybe get a sentence/ruling changed? And they say they can`t interfere. What a crock of shit. I hope the families & friends of those poor souls lobby the hell out of their local mp`s and get these murderers locked up. IMHO of course. Cheers Ross.

[OZSLR]

We had a hard enough time just getting a beaurocrat to respond with an explanation (3 months of letters from about 6 of us). It is always "out of their hands" and "will be taken into consideration".

[Fox]

Originally posted by OZSLR
We had a hard enough time just getting a beaurocrat to respond with an explanation (3 months of letters from about 6 of us). It is always "out of their hands" and "will be taken into consideration".

I applaud you for getting of your butt and making some noise Trevor - well done to you and the other guys. For my part I called / emailed all the current affairs programs. Didn't hear anything back though.

I see the the Melbourne story is in the current AMC so maybe it will inspre some others.

As the new Smart car TV ad says: "The Status Quo can only be changed by those who challenge it" which I'm sure was orgianlly a quote by Aprilia ;)

[OZSLR]

Good on you Fox !! It takes more of this to change the status quo as you say, and it can be changed. There have been far smaller lobby groups influence government, it's just relative to how much pain and potential embarrasment they feel. But motorcyclists for the most part are a pretty laid back lot, and that is a good thing, but it also makes for an easy and soft target.

Lets hope we can all at some point not too far away, gain some balance, but we do need more than a handful having a go, and that is the problem. We can gather in the 000's to ride to the GP, but no one can coordinate a mass to effect reasonable change and policy on our behalf.

:)

[Fox]

Yes that's a very good point Trevor. If everyone who turned up at the gp lobbied the Government it would definitely put a rocket up them! 45,000 + letters are hard to ignore! :)