Property mogul Rosario Pelligra exposes a legal loophole as he wins appeal to overturn speeding fine, conviction

A property mogul who owns numerous Aussie sports teams has won a massive legal battle and exposed a major loophole which could open the floodgates for thousands of other drivers to appeal.

Ross Pelligra was clocked speeding at 143km/h in a 100km/h zone on the Western Highway. Picture: Peter Ristevski

A property mogul caught driving at a blistering speed on a country highway has had his conviction overturned after a lengthy court battle that has now blocked some motorists from appealing their fines.

The Mercedes Benz driving Rosario Pelligra – who owns numerous Australian sports teams including the Perth Glory, bought the former Holden factory in Adelaide, and is developing a$480m Ritz-Carlton hotel at Main Beach on the Gold Coast – scored a win over Victoria Police after a four year fight which went all the way to the Supreme Court.

And in the process of challenging the designation of his fine – that his car was “other than a heavy vehicle” – a loophole was closed that could have let thousands of drivers challenge their speeding tickets.

Ross Pelligra argued that his car was ‘other than a heavy vehicle’. Picture: Matt Turner

On December 8, 2020, Mr Pelligra was clocked speeding at 143km/h in a 100km/h zone on the Western Highway at Green Lake near Horsham, Victoria.

The Melbourne businessman would have been fined $817 and lost his licence for six months, but instead chose to fight.

He was found guilty in the Magistrates’ Court, then appealed to the Supreme Court and lost, before taking his case to the Court of Appeal.

His challenge to his conviction was that police had not proved the gross vehicle mass of his Mercedes GLE AMG.

The loophole Mr Pelligra challenged was that highway patrolman Sen Constable Hamish Forbes had stated on the fine that Mr Pelligra’s car was “other than a heavy vehicle”.

And he was right.

But the penalty did not state how much the fast Merc weighed and this was the point made in court.

And even though a heavy vehicle is categorised as 4.5 tonne or more, far exceeding the weight of an average Mercedes GLE AMG, the Court of Appeal quashed Mr Pelligra’s conviction and the charge was dismissed.

Mr Pelligra drove a Mercedes-Benz GLE 63 AMG Coupe.

Mr Pelligra who owns Perth Glory won the legal battle after four years. Picture: Getty Images

Victoria Police closed the legal loophole after the alleged offence in 2020 so that there is a singular offence that applies to drivers whether or not they are driving a heavy vehicle.

But the force continued to fight the case despite being told it should withdraw the penalty.

An eminent barrister, who spoke on the condition of anonymity, told News Corp the decision stopped challenges to fines issued after 2021, when the loophole was closed.

Fines issued beforehand, though, could still be disputed.

“There will be some people out there yet to be prosecuted over old speeding matters who will challenge it,” he said.

“It’s likely those prosecutions will be abandoned. And some convicted persons may appeal.’’

It’s not the first time a rich rev head has gone down this road.

Ross Pelligra bought the former Holden factory in Adelaide. Picture: Matt Turner

In June, a Porsche driver attempted to argue it was “not common knowledge” that his SUV did not classify as a heavy vehicle.

Matthew Fox tried to quash his conviction after being charged as being “the driver of a vehicle, other than a heavy vehicle” that was clocked going 90km/h in a 60km zone near Tynong in 2020.

Like Mr Pelligra, he did not dispute the speed police clocked him travelling.

But a judge rejected his claim that it was not “common knowledge” a Porsche Cayenne was not a heavy vehicle.

Mr Pelligra declined to comment.

Originally published as Property mogul Rosario Pelligra exposes a legal loophole as he wins appeal to overturn speeding fine, conviction