Please read the following statement (below) to get an overview…
Please read the following statement...
Please read the following statement (below) to get an overview of the case
I intend to send this statement into the CJC and I am considering going to court;
although I am not financially well positioned..
I strongly suspect this was a set up from start to finish .
I had a near miss with a station wagon at a intersection some kilometers back just before this incident .
Further enquiries have revealed this person was a female police officer.
Who I strongly suspect was off duty and contacted a mobile unit to apprehend my vehicle
And from that point on everything else developed
I was not speeding, I definitely did not go through a red light, and the other minor infringment was just pure vicious harassment and payback.
Is there anyway I can improve this letter and my position from a legal standpoint.
I would like to report an incident that took place on Thursday December 16th at about 2.30pm at Forest Lake Boulevard.
While travelling down Forest Lake Boulevard I was stopped by a police radar unit, staffed by three police officers.
One policeman stated that I was doing 71kph and another stated I was doing 72 kph.
One of them said to me: "Oh well, it doesn't matter to you does it?"
I accepted this incident with good grace and apologized to the police officer, and was given a traffic infringement ticket. Instead of being allowed to proceed, I was told to wait, and to remain inside my vehicle. After an abnormally long period of approximately 20 minutes, I was then informed by these officers that it had been reported that I had gone through a red light.
I was not informed at this time by the officers, at what intersection the incident was alleged to have taken place, but I assume it may have been Joseph Banks Ave and Forest Lake Boulevard.
I informed the officer that I definitely did not go through a red light but that the traffic lights at the intersection in question may have had a fault. When I passed through this intersection, after pausing because the lights were out, I then noticed that the side lights at the intersection were still operational, though not synchronised .
However all three top central lights were turned off at this stage. I was perplexed and concerned by the failure of the top central lights, as anyone would have been, and proceeded very cautiously to cross the intersection once I could see it was safe to do so, in the absence of any light signals.
I was then asked by the police to make a recording and I was asked certain questions.
I answered these questions as honestly and truthfully as I could at that time, on the basis of my belief that the incident had occurred at the intersection of Joseph Banks Ave and Forest Lake Boulevard.
After I got home I endeavoured to read the traffic ticket.
I may be incorrect because the writing is nearly illegible but it appears the incident is alleged to have occurred at Forest Lake Boulevard and Woogaroo Street.
As the officer did not inform me verbally at the time of the incident, of the exact location of the alleged red light infringement, all of the information I gave in that recording concerning this incident, would not possibly be correct.
Had I been aware that the officer was referring to an alleged red light infringement at Forest Lake Boulevarde and Woogaroo Street, I would have strenuously denied it.
The way it was put to me, I believed it was Forest Lake Boulevard and Joseph Banks Ave intersection they were referring to, as I still vividly recalled the unlit green light at that intersection, and I believe the officers would have been aware that this was what I was agreeing to in that recording, not the Woogaroo Street intersection as recorded on the traffic infringement notice.
At the time this event occurred, I requested (to one of the younger officers) if he would go back up the road to take a look at the intersection , to confirm for themselves that I was being truthful about the unlit green light fault. He said he would if he had the time.
I then asked him if he would mind if I personally went back to the traffic lights at Joseph Banks intersection, to confirm that I had noticed correctly the unlit green light. He seemed to be quite agreeable to that proposal. I might add that at all times my verbal exchanges with the police were polite and cordial.
I started my car, anticipating travelling towards the direction of that intersection, whereupon the officers immediately entered their vehicle and started to follow me. I thought this was odd because they now had instantly disengaged from the important task of monitoring speeding violations, after stating they may not have had the time to check the lights at that intersection themselves.
However I assumed that they had changed their minds and would check the
lights with me. This subsequently turned out to be an extremely naïve assumption on my part.
At this stage I was somewhat apprehensive ( having now received two infringement notices) and was driving extremely slowly and carefully. After travelling about 500 metres , I was again stopped by these police. It was stated to me that I had performed a further (this time) minor infringement, and given another fine. On this basis it was now deemed by these officers, that I was a dangerous driver.
I believe that one officer had in fact made up his mind to engage in personal harassment tactics against me in order to intimidate me, and prevent my investigating any inconsistencies in this matter. And I must say he has nearly succeeded in that endeavour.
I was frightened that if I stood my ground against these allegations, which had by now turned into several fines, from one alleged speeding infringement, then I would have been stripped of my licence on the spot. The officers stating I was deemed a dangerous driver had terrified and humiliated me into submission.
I am saddened by the behaviour of this officer.
This should not happen to any individual, for simply attempting to determine if there were any mitigating circumstances. So on that basis I am proceeding further down this painful and disagreeable path. This will undoubtedly be to the detriment of my health, but I feel I must speak up.
What happened to me is not right.
In order to demonstrate that I was being truthful in relating this incident to the police officers, I have included some photographs of the malfunctioning lights at the intersection which I believed the police officers were referring to, but which the infringement notice does not mention.
It appears I was recorded agreeing to an incident at a different set of traffic lights (Woogaroo Street) but I strongly deny I disregarded a red light signal at that intersection.
It is simply not the case.
My photographs show, as I believed, that the main front central traffic lights were indeed faulty, turning off and spontaneously shutting down completely, with no synchronisation with the green lights to the side.
I took this evidence to the Inala Police station and informed the Duty Officer of this incident; that the lights were indeed faulty and erratic and could they please send out somebody to check these lights as the intersection was dangerous.
The Duty Officer informed me that it was not their responsibility.
In order to have a completely independent witness I then asked another lady to go out to these lights and she has witnessed exactly the same fault. The main central upper lights turned off when the lights were green, but the red lights worked in perfect synchronization with the other lights.
This was precisely how I had attempted to describe the incident to the officer on the recording. The malfunction is quite obvious from the photographic evidence. When the central top lights are black or malfunctioning, the other supporting lights are always green, therefore you have the right of way, and indeed an obligation to proceed in order to prevent traffic obstruction.
Conversely when the lights are red or orange they are completely synchronous with the other supporting lights and quite obviously you do not have the right of way.
In other words I could not have passed though a red light even at this intersection. And I also absolutely and categorically deny that I passed through any red lights on Forest Lake Boulevard, either at Joseph Banks Ave or Woogaroo Street.
Quite by chance a day after the incident, I met a gentleman who resides just around the corner from the aforementioned traffic lights and he informed me these lights had been defective "for about 3 days." I have included his statement.
He also stated the police who patrolled this area were well aware of the problem.
I think the evidence and independent statements will demonstrate unequivocally that I believed the officer was referring to the lights at Joseph Banks Ave and Forest Lake Boulevard, when I made the recorded statement the police requested.
I have taken photographs of the lights (appended) and also a video which I can supply if required.
I would now be extremely grateful if you could please investigate this matter and supply me with the following information; in order for me to try to make some rational sense of this regrettable incident. Because as previously stated the information on the ticket is barely legible. And some of the stated events appear to be contradictory, and do not reflect the truth of what has happened.
1. Could you please inform me at what intersection the red light incident is alleged to have taken place
2. Could you please inform me the name and the exact location of the officer who reported the alleged red light offence ( was this another officer on duty that day at that scene; or an off duty officer) and at what time this information was transmitted to the officers who were stationed at the police vehicle.
3. Could you please inform me why I was not immediately informed of the far more serious alleged red light violation in conjunction with the speeding violation and why it took approximately 20 minutes to inform me of this alleged infringement after the event..
The red light infringement has been alleged to have actually occurred five minutes before the speeding violation..
4. Could you please inform me why approximately 20 minutes after the event I was asked to make a recorded statement and was not given essential details of exactly where the alleged incident has occurred; but was instead asked questions such as: "Did you look right and left when travelling through an (unnamed) intersection?"
5. Could you please inform me whether or not I need to make another official statement (recording) regarding this incident, as the first recorded statement is obviously based on incorrect information.
6. Could you please inform me if any photographic evidence of this alleged event was taken by any officer
In conclusion I would like to add that I was was employed with the QLD Fire Brigade for 30 years. I retired after a serious work-related accident that ended my career in 1994.
I now live on a disability pension.
I have been to and witnessed many hundreds of horrendous traffic accidents and because of that fact regard myself as an exceptionally careful driver.
I do not have a criminal record and have never had a traffic accident that I was responsible for or a drink-driving offence in my 40 years driving history, both privately and with the Fire Brigade.
I have not had a traffic offence for many years and so regard three such offences in 25 minutes as an extraordinary occurrence.
I would be more than happy to provide further details of this incident at your convenience if necessary.