BrisbaneTimes.com.au
Queensland police have lost an appeal against a judge's decision to acquit a woman of a speeding charge.
Police launched a review of traffic charge trials after Bilyana LeKich successfully appealed a speeding ticket.
On September 4, 2008, a magistrate found Mrs LeKich guilty of speeding and fined her $200.
Police alleged she was driving at 114km/h in a 100km/h zone on the Bruce Highway.
Their only evidence was a photograph taken by a fixed speed camera.
Mrs LeKich did not dispute she was driving the car or that the speed camera took a photo, but argued she had not been speeding.
She appealed to the District Court, which found the photograph was inadmissible because police failed to provide proper certification.
Since the photo was the only police evidence, the appeal was allowed and the conviction set aside.
"If the deficiency reflects the ordinary practice adopted in these prosecutions by the traffic camera office, it seems to me that the practice requires review," Judge John McGill said at the time.
Police appealed Judge McGill's decision to the Court of Appeal which in an unanimous judgment on Friday refused it.
In his written judgment, Supreme Court Justice Hugh Fraser rejected the police argument that the speed camera photo should be accepted as admissible evidence because such photos were presented routinely to court.
Police had argued that in 2008 and 2009 briefs were prepared for potential hearings in 475 matters and 406 matters respectively, and they had a "prosecutions pending" list of 1,556 and 1,719 speeding offences respectively in the same periods.
But Justice Fraser noted that since the District Court decision police prosecutors had been following the relevant Act.