Peter David Richardson charged with driving while SPER suspended
A pensioner and his supporters have caused a scene in a regional Qld court, interjecting and talking over the magistrate, insisting he recuse himself and more.
Police & Courts
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A pensioner cross examined two police officers who discovered his licence was SPER suspended during a roadside breath test, with one officer telling a Maryborough court the driver said to him, “I have a bullet with your name on it” after he was issued with a notice to appear.
Peter David Richardson faced trial on Thursday after pleading not guilty to driving while his licence was SPER suspended at Dallarnil in the North Burnett.
During the bizarre proceedings, Magistrate John Milburn had to repeatedly ask Richardson not to talk over the top of him, while one person who was in court supporting Richardson was almost arrested when he interjected during proceedings, with police prosecutor Sergeant Sonia Edwards at one point asking for the man’s name so she would know who she was arresting.
“Are they in contempt?” she asked the magistrate.
“No, not yet,” Mr Milburn responded, with no arrest being made.
Another supporter was warned by Sgt Edwards when he failed to stand when the magistrate entered the courtroom and ended up leaving the room.
Richardson told the court he was not a “citizen or a person,” but a “living man”.
He would not say “driving” or “vehicle”, instead telling the court he had been “travelling in his private conveyance” on the day in question.
At one point he applied for an adjournment to the matter, saying his legal adviser was not available as he had suffered a stroke, but Mr Milburn ruled that the hearing would go ahead.
During an opening statement, the court heard Richardson had been stopped by officers for a roadside breath test on June 5, 2024, on Main St in Dallarnil.
The court heard he had been driving a white Holden when he was stopped.
The first officer who testified said he had been performing random breath tests when he stopped Richardson’s vehicle.
A breath test was performed before Richardson was asked to do a drug test at the scene.
Both tests came back negative, the court heard.
But a licence and registration check revealed Richardson’s licence had been suspended by SPER.
Richardson said he had been asked if he had been drinking that morning and he had replied no and that he did not drink.
He claimed one of the officers said “I don’t like your attitude” before carrying out the drug test.
Richardson asked if police were supposed to provide a “safety data sheet” in case of an adverse reaction to the drug test.
The officer replied that offering such a sheet had not been part of his training.
Richardson said he could have “had an adverse reaction” to the drug test.
The second officer testified that he had helped conduct the random drug test.
He said he had run a check on the licence and registration, which revealed the suspension.
He said Richardson had told him he had not received a letter in the mail.
The officer said Richardson swapped seats with the passenger as he was no longer allowed to drive.
Richardson then made comments to the effect of “I’ve got a bullet with your name on it” and “I hope you’ve got bullets in your magazine”, he said.
During cross examination, Richardson said he had been talking about World War Three when he made those comments.
He said he’d asked the officers if they were ready for World War Three, accusing the officer of “cherry picking” the words he used to make it seem like he was threatening him.
Richardson said he’d asked the officers if they were ready for what’s coming because they were frontline officers, adding that the officers had guns, “so I felt threatened”.
He said the reference was “we’re about to go to war and I hope you’re ready for it”.
During proceedings, Richardson said he split his time between Pacific Haven and the North Burnett and did not always receive his mail regularly.
He also said attempts had been made to set up a payment plan with SPER and he had been unaware his licence had been suspended.
Richardson also testified during the proceedings that it had been an “unlawful traffic stop”.
“They didn’t do their job, they didn’t do any investigation into whether that alleged debt had been settled,” he said, adding that the matter was “in dispute”.
He accused Mr Milburn of “judicial bias” and told the magistrate he would have to recuse himself.
“I choose not to recuse myself. I won’t recuse myself,” Mr Milburn responded.
He repeatedly invited Richardson to say “anything relevant to the facts” of the matter, rather than making submissions regarding the law.
Richardson said if he had been unaware of his suspension “how can I be guilty?”
Ultimately Mr Milburn found Richardson guilty of the offence.
Richardson was suspended from driving for three months and fined $850.
A conviction was recorded.