Husband’s bad driving leads to wife’s car being forfeited and likely crushed
The conversation at a Mornington Peninsula couple’s dinner table could be tense for a while after a husband’s illegal activity had serious consequences for his wife — and a magistrate had little sympathy.
South East
Don't miss out on the headlines from South East . Followed categories will be added to My News.
A wife’s car will likely be crushed after her dodgy-driving husband – who hasn’t held a licence since 1992 – was again caught behind the wheel.
And a magistrate reckons he should make it up to her by buying her another vehicle.
Wayne Welsh’s wife Lesley Jean Welsh appeared in Dromana Magistrates’ Court last week to respond to a police application to have her 2004 Ford Falcon forfeited.
Her hubby had been nabbed by police driving her car, and because of his bad record, the vehicle was impounded.
He pleaded guilty to a range of driving offences at court in October and was given a ban and a community corrections order.
As part of that case police applied to have the car he was driving forfeited, but that application was adjourned until last Thursday to give the wife time to prepare a case.
The court heard the husband had been driving without a licence since 1992 and had run up a rap-sheet of traffic offences, including drink-driving and driving unlicensed in 2016.
Under anti-hoon laws if a driver commits an impoundment offence for a third time within a six-year period, which Welsh did, they can have the vehicle permanently confiscated.
Ms Welsh told the court “she wasn’t home when he took the car” and therefore wanted to keep it to use for her job.
“I normally use the car as a work vehicle,” she said.
“My husband normally goes to work with someone else, or I take him.
“If I can’t use that vehicle I can’t do certain jobs and I will lose money.”
The police prosecutor said as she was married to the defendant it was highly implausible that she didn’t know he had no licence.
Magistrate Gerard Lethbridge said Ms Welsh would have to prove exceptional hardship, or swear on oath or affirm in the witness box that she did not know he was unlicensed.
But when advised if she lied to the court she could be prosecuted for perjury, she declined to testify.
MORE COURT NEWS
NEVER-LICENSED DRIVER CAUGHT 14 TIMES
ICED-UP THIEF HIT CAR OWNER WITH MACCAS CUP
FATHER BASHED MAN IN COP CAR PARK OVER SON THREAT
Mr Lethbridge said Ms Welsh had a high bar to hurdle if he was going to refuse the police’s application to have the car surrendered.
“Loss of money is not an exceptional circumstance,” Mr Lethbridge said.
“In the absence of evidence to prove you did not know he was driving, the car will be forfeited to the Crown to be disposed of.
“Perhaps he should make good to you for the loss of your vehicle.”
The car will be taken to the police impound yard in Preston and either crushed, sold or otherwise disposed of.