WA corrupt magistrates

[petercl14]

Hi, I can prove that a magistrate is corrupt in W.A. I now suspect that they all are corrupt and will always go with the police if you challenge a traffic matter before a magistrate. The traffic matter is this;
Returning from Perth to Kalgoorlie I came to a corner where the traffic was being held up in the opposite direction by a slow moving truck. Directly behind the truck was a RTA patrol. Behind them was a long line of traffic. After passing the line of traffic the RTA vehicle had pulled out and stopped me. They claimed I was speeding when I know I wasn't. I knew that they could not use their radar because of the truck in front of them.
I challenged the penalty by appearing in the Merradin court without a lawyer. Of course the police lied about being behind a truck in a long line of traffic. On the stand they claimed that they were trained to judge speed just by looking at the car. The inference being that they had not used their radar.
Regardless of this the magistrate found me guilty. How do you get rid of corrupt magistrates?

 

[Tim W]

If all you've got for evidence of your speed is a "belief",
then you have nothing at all.

 

[petercl14]

Hi, I can prove that a magistrate is corrupt in W.A. I now suspect that they all are corrupt and will always go with the police if you challenge a traffic matter before a magistrate. The traffic matter is this;
Returning from Perth to Kalgoorlie I came to a corner where the traffic was being held up in the opposite direction by a slow moving truck. Directly behind the truck was a RTA patrol. Behind them was a long line of traffic. After passing the line of traffic the RTA vehicle had pulled out and stopped me. They claimed I was speeding when I know I wasn't. I knew that they could not use their radar because of the truck in front of them.
I challenged the penalty by appearing in the Merradin court without a lawyer. Of course the police lied about being behind a truck in a long line of traffic. On the stand they claimed that they were trained to judge speed just by looking at the car. The inference being that they had not used their radar.
Regardless of this the magistrate found me guilty. How do you get rid of corrupt magistrates?

I never said I 'believed' I was not speeding Tim. I said I know I was not speeding backed also by my cruise control. I guess my big mistake was not asking for their radar log if they keep one? Even one of the police came on my side at the time to say there was a truck in front of the RTA proving that the RTA officer had just lied. Don't know how he knew this. Hope he didn't get into trouble over it.
I now have a dash cam to counter RTA lies. You have not answered my question on how to get rid of corrupt magistrates. Many years after this incident I was again falsely charged(not "speeding"). I didn't challenge it because I then knew just how corrupt magistrates are. I now have 6 demerit points hanging over my head which shouldn't be there. Strange that I never got demerit points on the "speeding" incident.
I can explain the later incident if anyone is interested on this forum. I have been driving for over 60 years and have never had a traffic accident, demerit points or fines before this.

 

[Tim W]

I never said I 'believed' I was not speeding Tim. I said I know I was not speeding backed also by my cruise control.

Unlike radar, which is presumed (albeit rebuttably) at law to be accurate, an unsupported statement
about what you had your cruise control set on
is not often given much weight by the court.
Even the makers of cruise control technology disclaim it's reliability as evidence.
Anything you claim to "know", without anything objective to support it, is no more than belief.
No matter how sure you personally might be be about it.

You have not answered my question on how to get rid of corrupt magistrates.

That's because, as an officer of the court (as all lawyers are), I do not accept your premise that Magistrates are corrupt.

 

[petercl14]

Unlike radar, which is presumed (albeit rebuttably) at law to be accurate, an unsupported statement
about what you had your cruise control set on
is not often given much weight by the court.
Even the makers of cruise control technology disclaim it's reliability as evidence.
Anything you claim to "know", without anything objective to support it, is no more than belief.
No matter how sure you personally might be be about it.That's because, as an officer of the court (as all lawyers are), I do not accept your premise that Magistrates are corrupt.

Wait until you have a false RTA charge against you Tim. Then challenge it in court before a magistrate. You will soon change your tune. Not many people have the same opinion as you.
Here is an article I found on an American website. I quote;
" The sad reality is that judges almost never second-guess police testimony. They give police more than just the benefit of the doubt-they practically give them a free pass.
The cozy relationship between judges and police is so taken for granted that most people don't even see it as bias. In fact, it is the worst kind of bias-a bias in favor of police as a group, which takes the place of an individual judgement in each case. It's a violation of the judicial duty to decide cases without fear or favor."
Can you give me just one example of where a magistrate has overturned a RTA penalty Tim?

 

[Tim W]

Can you give me just one example of where a magistrate has overturned a RTA penalty Tim?

I've had numerous clients whose court-elected infringements have been dismissed.
But there is no prospect whatever of my giving out any details.
So, you will just have to continue to not believe.

 

[HyperVectra]

Tim W: My advice... How to get rid of corrupt magistrates? Honestly? Is to engage a proper lawyer and put money into the case. Sad but true. Remember we work in an Adversarial system. If someone raises something and it is not challenged, the magistrate must believe that to be the case and rule accordingly, regardless of their 'gut feeling' In the same vain if something isn't raised the judge can't rule on that information. The most they can do is in the obiter dictum (non legal comments) is raise things that may or may not have made a difference. Generally only done in higher courts. Remember, magistrates are the lowest in the system. You are essentially talking to the cashier chick who says 'nup' and you haven't asked to speak to a manager. You have the district court, the court of criminal appeals, the supreme court, supreme court appeals etc etc if you got the time yes you can do it yourself, its a small fee that can even be waived by the registrar.

Having said all that, have a look at List of Australian judges whose security of tenure was challenged - Wikipedia and realize this is a club that protects their own. We have a bastardised type of goverment, a not-real-seperation-of-power-psudo-westminster system. A system of law that can remove access to the Privy council in our constitution but without a referendum. A system that the interpretation of words is not the common known definition, nor the legal definition version, but ultimately one that 'best serves the purpose of the act' LOL

You can't win.