Fine dispute racks up thousands in court costs as man fights driving while using mobile phone charge

AN ALLEGED “minor traffic infringement” could end up costing Territory taxpayers thousands of dollars

Rodney Coverdale is contesting a traffic infringement in the Darwin Local Court. Picture: Che Chorley

AN ALLEGED “minor traffic infringement” could end up costing Territory taxpayers thousands of dollars after a Darwin man challenged a fine for using his phone while driving.

Rodney James Coverdale, 58, faced the Darwin Local Court on Monday charged with driving while using a hand held mobile phone after police allegedly spotted him behind the wheel with his phone in his hand in June last year.

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Prosecutor Lajita Allan-Agnew told the court two police officers who had been due to give evidence at the hearing had been called away to man the NT’s borders due to coronavirus restrictions but video links had already been organised for them at a cost of $1000 each.

Ms Allan-Agnew said if the prosecution was successful, she would be seeking a costs order against Coverdale to recoup the funds.

“Your honour, we question why this hearing is running,” she said.

“At the directions hearing on the last occasion, the defendant agrees that he answered his phone and gave it to his wife … but it is a self-rep matter at the end of the day as well.”

But Coverdale said he too was unsure why the matter was being pursued rather than the charges being dropped.

“I’ve never admitted to answering the phone like the lady just said, I passed the phone to my wife and she answered it,” he said.

“I ask that it be dismissed, the police officer made a mistake, it happens, let’s just move on.”

Coverdale said it was the fifth time he’d been forced to turn up to court since contesting the fine, with each appearance costing him money as a small business owner.

“If I had of done this I would have just simply paid the fine but because I didn’t do it I sent it into here thinking it’d be a simple process,” he said.

“I don’t see this as a major incident, it’s a minor traffic infringement, I haven’t had one in over 15 years, I really don’t see why I’m being pursued (for) this.”

In granting the adjournment, judge Greg Macdonald said while the previous delays were nobody’s fault, he was concerned that the officers weren’t summonsed to front court on Monday.

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“I will mark the file clearly that if the prosecution’s not in a position to proceed on the next occasion the charges will need to be read and dealt with,” he said.

“Command’s going to need to co-operate because otherwise they can just simply put up with the consequences of not proceeding to hearing.”

The case returns to court on October 26.

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