Police Commissioner denies mass withdrawal of South-Eastern freeway fines

SA’s top cop says there will be no mass withdrawal of South-Eastern Freeway speeding fines – contradicting what police previously said.

Fines issued to motorists caught speeding on the South Eastern Freeway downtrack will not be withdrawn en masse, South Australia’s top cop says.

Police Commissioner Grant Stevens on Wednesday said about 40 cases would be dealt with in their own manner and were likely to proceed.

His comments come a day after a test case was withdrawn and police stated that “matters will be withdrawn”.

The new fines, when imposed in 2019 for the down slope between Crafers and the toll gate, caused mass confusion in the trucking industry by creating harsher penalties only for speeding heavy vehicles.

The laws, backed by cameras, were to counteract a number of truck-related road deaths at the bottom of the freeway over the previous five years.

A fixed speed camera at the bottom of the freeway. Picture: Mike Burton

After a community backlash, the penalties were reduced only seven months after they were introduced, because many truck drivers were losing their livelihoods.

Mr Stevens said one matter had been withdrawn.

“The process that we have in place for testing the cameras, which requires particular information to be recorded on – forms that are then certified – that information was not recorded,” Mr Stevens said.

“There was a failure to retain a video of the testing process and because of those two failures – a failure of our obligations – it was appropriate that we withdrew that particular matter.

“This does not mean other matters will be withdrawn and there is a suggestion that hundreds of matters have been withdrawn and that is simply not the case.”

Mr Stevens said each of the other matters would be treated on its own merits.

“Anyone who has heard these matters are being withdrawn I suggest contacts their solicitor or makes contact with our the prosecution unit to find out the circumstances as they relate to their particular case,” he said.

“There are no blanket withdrawals of mass numbers of matters. In all likelihood they will still proceed but individuals concerned should make direct contact to find out what their circumstances are.”

Mr Stevens said police continually reviewed their systems and provided training to staff.

SA best MLC Frank Pangallo told parliament on Tuesday the test case was withdrawn.

“Police prosecutors have begun contacting lawyers representing these motorists advising them they are discontinuing the charges and that SAPOL will pay their legal costs,” he told The Advertiser.

Traffic banked up on the South-Eastern Freeway after a truck fire. Picture: Tait Schmaal

“The State Government and SAPOL have saved themselves from a major embarrassment after SAPOL decided to drop charges against hundreds of motorists caught by speed cameras on the South Eastern Freeway.”

Police had handed out 728 fines, but the changes were never made retrospective, and drivers with a total of 119 fines took their grievances to court, fighting fines of up to $25,000 and licence disqualification for 12 months.

But as traffic lawyer Karen Stanley prepared for a test case involving one of her 30 clients next week, police prosecutors told her the case would not be going ahead, and nor would any for her other clients.

Mr Pangallo criticised the former Labor government’s laws for creating the problem.

“This bad piece of legislation has had enormous and devastating consequences,’’ he said.

“Hundreds of unsuspecting drivers of small trucks and commuter buses over 4.5 tonnes that were never intended by the Coroner to be covered by this harsh law were caught by speed detection cameras and hit with huge fines and automatic licence suspensions of 6 months, or face 12 months if they chose to be prosecuted in court.”

Mr Pangallo told parliament a class action to recoup lost income was possible because many truck drivers had lost their jobs as a result of one speeding fine.

“Mr President, this is an embarrassing and costly backdown for SAPOL and the Government which could have easily been avoided two years ago when I first raised the problem,’’ he said.

“A class action cannot be dismissed.”

Ms Stanley said she felt very sorry for the drivers who had already paid 377 fines and lost their licences and livelihoods.

A SAPOL spokeswoman said: “The matters will be withdrawn after SAPOL identified a failure to comply with our own internal processes in relation to these particular matters. As a result, the prosecution was discontinued because it was our assessment there was no reasonable prospect of conviction”.

“The technical accuracy of the South Eastern Freeway speed detection installation was not in doubt or challenged in the course of this prosecution.”

But Ms Stanley said police had not said why they were abandoning their court challenge.

“This is a really really big win for all of those people who have been penalised under and really unfair law,’’ she said.

“The signs were ambiguous, there was no caution system, the laws were suddenly changed and people were losing their driving jobs for offences they didn’t even no they were committing.

“I feel very very sorry for all those people who have already paid their fines and cannot be helped.”

The abandonment may relate to Ms Stanley’s case, Woolmer v Police, in October 2020, in which the Supreme Court found that SAPOL’s testing of red light cameras did not meet the legal requirements for testing and accuracy.

The police action may also be because there had been great confusion about the definition of a heavy vehicle, even down to the number of seats on some buses.

In one case the driver of a US style pick-up “truck” was fined despite it not being classed as a truck.

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