Fined driver wants $94k
A WOMAN has launched an unconventional appeal against a speeding fine, claiming the Queensland Police Service was an intangible and "dead entity" that hasn't yet proved it had the right to fine her.
If the appeal by Sarah Ann Wales is successful, she wants the police to pay damages of $94,605.
"The bill has been issued to the Queensland Police Service and the Commissioner because I don't work for free," she said.
Ms Wales, of an unknown address, questioned widely accepted legal processes, saying it was unclear who, or what party, was actually bringing the traffic charges against her.
"Was there any bona fide claim, a complaint, or charges? Was there anything given that I would plead guilty on behalf of the defendant?"
The "defendant" she referred to was herself.
"I am here as Sarah Wales as special appearance, not as a general appearance."
Ms Wales is fighting a speeding fine received in a 60kmh zone on Bli Bli Rd, on December 11, 2011.
She suggested that the issue could instead be resolved "by agreement" between her and the two officers on duty that day - Shane Rinaldi and Rodney Weir.
"Who is bringing this charge? There is a submission with no signature; Rodney James Weir said he wasn't pressing charges," Ms Wales, referring to transcript of an earlier Magistrates Court hearing, said.
She was advised the charges were brought by the Queensland Police Service.
"How can a dead entity charge anyone?" Ms Wales asked.
In an intriguing hearing in the Maroochydore District Court, Ms Wales also questioned the role of public prosecutor Alex Stark, who she suggested did not have direct involvement in the original matter and therefore any comments he made should be regarded only as hearsay.
Judge Garry Long clarified that Mr Stark was in fact the legal representative of the QPS, adding that it was also the legal employer of the officers and "stood behind" their actions, and therefore was the correct entity to respond to her claims.
He repeated that it was up to Ms Wales to provide evidence as to why her conviction for the speeding offence should be overturned.
Ms Wales submitted 15 documents as evidence, including four envelopes marked "private and confidential" which she said were for the eyes of the judge only.
Mr Stark suggested Ms Wales' views reflected those of the Freeman on the Land, a movement that believed people could "opt out" of current governance and that "laws" were merely contracts that were valid only for those who consented to them. Ms Wales rejected that suggestion.
"There is no document to reference the Freeman of the Land; there is no document that I am aware of," she said.
Judge Long reserved his decision and will soon hand down a written judgment.