WA putting yourself on the stand as a witness

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petercl14

Active Member
17 July 2022
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Hi all, Over the years I have had 2 false charges for traffic law breaches. After the last I purchased a dashcam so I would have proof of what actually happened next time I face a false charge.
In the earlier false charge I appeared in court before a magistrate and without a lawyer because you all know how much they cost.
Anyway I had these 2 officers on the stand and I was allowed to question them. They were lying. I made one big mistake which was I didn't ask for their radar log of the incident which was speeding. I wasn't speeding. I knew they couldn't have used their radar because they were stuck behind a slow moving truck. They of course lied about this. They claimed to be able to judge speed by just observation. I wonder why then they bother to use radar at all? I would have looked fast to the officer because he was going so slow.
Anyway all the time I was dying to tell my story. The traffic officers were allowed to tell their side. So my question is could I have put myself on the stand to tell my side? I had a previous case not related to traffic when the other person lied. As soon as I told the truth this person immediately retracted his evidence. I believe this would have happened in the traffic case as the officers would not like the possibility of being charged with perjury. The magistrate ruled against me apparently believing that the officers could accurately determine speed just by observation.
 

Tim W

Lawyer
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28 April 2014
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They get lessons in estimating speed.
What evidence do you have other than emphatic belief?
 

petercl14

Active Member
17 July 2022
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31
They get lessons in estimating speed.
What evidence do you have other than emphatic belief?
ok Tim if they can estimate your speed why bother with radar in their patrol cars? Why go to all the expense of installing radars and then having to test them periodically if they can estimate your speed? Even a radar has to make certain calculations to work properly. It has to know for instance the speed of the patrol car and deduct this speed from the radar recording.
It is beyond belief that the officer can do all this in his head. But if you think he can do this ok but I would say 99% of people would think its impossible.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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820
2,894
Sydney
ok Tim if they can estimate your speed why bother with radar in their patrol cars? Why go to all the expense of installing radars and then having to test them periodically if they can estimate your speed? Even a radar has to make certain calculations to work properly. It has to know for instance the speed of the patrol car and deduct this speed from the radar recording.
It is beyond belief that the officer can do all this in his head. But if you think he can do this ok but I would say 99% of people would think its impossible.
Me too. Until this.
 

petercl14

Active Member
17 July 2022
8
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31
can anyone please answer my main question. How can you put yourself on the stand as a witness if you are handling your own traffic case defense? This preferably before you get the traffic officers testimony as they are then less likely to lie when they know you are telling the truth. Do you need to make this request to the magistrate at the start of the proceedings?
Much obliged if anyone can answer this. Might be better if a non lawyer answers this as they will only try to charge you for their advice. You can understand why ordinary people go broke employing lawyers.
I saw a televised account of a QC handling a case in which the parents were paying to defend their son. The QC was asking for more money. You could tell the poor parents were having trouble paying. They had to sell their house for a start to cover his fees. It is disgusting what lawyers charge.
 

yoyada

Member
7 July 2023
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0
1
I had same in Perth as first time they adjourned so they could have xyz represent.
When I arrived I saw all these cops sitting outside court and remarked that I should have set up Coffee & Donuts and asked what was the big occasion.

Well f**k me a Cop with pommy accent oh you must ne X as we here for you.
The judge put me on the stand and I said I give up as obviously have zero chance as it was all decided beforehand.
Even when you win case you actually never win overall.
The court system is not about justice it is favour for favour
 

DJM

Member
3 January 2024
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0
1
You will usually be asked if you want to call any witnesses when the prosecution have “closed their case”. At that point tell the Magistrate of your intention to give evidence.

Alternatively, see the Duty Lawyer from Legal Aid on the day and they will probably help you out (likely at no cost you will be glad to hear).
 

Ozwarlock67

Well-Known Member
16 April 2015
167
19
459
Duty lawyers are usually people who have struggled to pass the Bar exam.
Don't get on the stand unless you are sure of your innocencevand REALLY know what you're doing.
Under oath, cops will do what they do best; lie.