Andrew Joseph Kiss demands speeding charge be dropped in Toowoomba Magistrates Court

A Crows Nest man made explosive allegations in court while claiming a speeding fine was fraudulent and unconstitutional. Here’s how the matter played out.

A Crows News man fronted Toowoomba court after a speed camera on Ruthven St allegedly clocked him travelling 10km/h over the speed limit at Harlaxton in February.

However the brief mention of the matter took a turn when Andrew Joseph Kiss, 50, would not confirm his name and later demanded the one charge of disobeying a speed limit be dropped.

“I’m here to speak to that matter your honour,” he said instead.

Magistrate Louise Shephard reiterated her question and told the man she needed to confirm that he was indeed Mr Kiss.

“Upon prejudicial… beyond personal satisfaction that presumes trustee to that,” he said.

However when Ms Shephard told Mr Kiss to take a seat so they could call the name over the loudspeaker, he said he was at court “in the capacity of the chief administrator of that person”.

“I rebut the presumption that I am the incumbent of that office (name)”.

He was asked what name was on his driver’s licence which finally cleared up that the man was Andrew Joseph Kiss.

Mr Kiss said he attended court to ensure his matter did not progress without him as there had been a “mistake”.

Ms Shephard said given the limited amount of time available during arrest court sittings, he had three options; to get legal advice, plead guilty, or later contest the matter.

“I’m guessing you are contesting your charge?” she asked.

Mr Kiss refused to answer stating he made a request to prosecutions for pre-disclosure documents and received no response.

Police prosecutor Senior Constable Alister Windsor said all relevant material had been sent to Mr Kiss.

Mr Kiss said he emailed a permanent request to stop (stay) his matter from progressing forward, however the magistrate reiterated there was no time for an argument to be heard.

“I have serious concerns about the prejudice during court, I emailed a permanent stay on all details around this… and my concerns around fraud actually,” Mr Kiss said.

“I know this act is not binding on me and I’m bringing to the prosecution to provide evidence that the act is binding.”

Ms Shephard then asked Mr Kiss to formally enter a plea, to which he strongly objected.

“What act does that rely upon,” he interrupted Ms Shephard when she entered a not guilty plea on his behalf.

“This is unconscionable,” he said.

“I am stunned you are not supporting the evidence on how this act is binding.”

Ms Shephard told Mr Kiss that his objection was noted on the file, and ordered a full brief of evidence to be given to Mr Kiss before March 9.

“No one is bulldozing you, no one is denying you procedural fairness - it is quite the opposite,” she said.

“When there is going to be a contest, whether it’s a jurisdictional argument… legislation not applying to you, the proper forum for you, is for me to give it a proper listing where a magistrate can fit it in and give it the time it deserves.”

Ms Shephard said she would make a note on the case file to let the following magistrate know that Mr Kiss intended to present an argument pertaining to jurisdiction and whether or not the speeding fine was unconstitutional.

The case was listed for a trial on April 24.