Eseki Tukana Kaitani in court for unlicensed driving
A magistrate engaged in a theological debate with a man who claimed divine authority for driving without a licence.
Bundaberg
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A man told police that he did not need a drivers licence because “Jesus allowed him to drive”, Bundaberg Magistrates Court heard on Friday.
Representing himself while speaking through a Fijian interpreter, Eseki Tukana Kaitani admitted to never having held a driver’s licence, and to have driven without a licence four times between April 2022 and March 2023.
Police prosecutor Carl Spargo told the court that on one of those occasions Kaitani “told police he did not need a licence as Jesus allowed him to drive”.
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On another occasion, after appearing in Bundaberg Magistrates Court in relation to unlicensed driving offences, Kaitani walked past a police prosecutor standing outside the courthouse and approached a white Ford Falcon parked nearby.
The court heard that Kaitani then waved at the prosecutor, got into the driver’s seat and drove away.
Sergeant Spargo told the court Kaitani’s repeated offences were “highly contemptuous”, in particular the offence involving waving at the police prosecutor before he drove off from the courthouse.
Prior to admitting to the offences, Kaitani told magistrate John McInnes that the outcome of the hearing was his decision.
“It’s your decision … I don’t believe in other words, I only believe in Jesus,” Kaitani said.
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Mr McInnes saw cause for mitigation in Kaitani’s religions beliefs, saying of Kaitani that “his contempt is softened somewhat by the fact that he thinks he’s answering to a higher authority”.
While accepting Kaitani’s religious beliefs, Mr McInnes told the defendant he and Queensland Police were bound to apply the law of Queensland.
“I accept that you have a religious belief that you are entitled to drive, (but) I can only apply the law of Queensland,” Mr McInnes said.
Mr McInnes invoked Christian theology in reminding Kaitani that he is subject to Queensland law.
“To the best of my recollection, one of the things Jesus said was that his followers should respect domestic law – to give unto Caesar what is due unto Caesar,”he said.
“I have a different view, I don’t believe that,” Kaitani replied.
As penalty for four counts of driving unlicensed, Mr McInnes gave Kaitani the option of 12 months probation or a $1000 fine.
Kaitani chose to pay the fine.
Kaitani is disqualified from driving for three months for each of the four unlicensed driving charges.
Queensland Transport is to provide clarification on whether the disqualifications are concurrent or cumulative.
In the former case, Kaitani will be disqualified from driving for three months, in the latter for 12 months.
The convictions was recorded.