Opposition Leader questions whether the Member for Ballajura was charged with driving without a licence. The response indicates insufficient evidence for prosecution and a low likelihood of conviction.

AnsweredQoN 258Legislative Council
Asked
9 May 2006
Portfolio
Police and Emergency Services

QuestionView source ↗

MEMBER FOR BALLAJURA - DRIVER’S LICENCE SUSPENSION
(1) Has the former Minister for Disability Services, the member for Ballajura, been charged by the police for driving without a licence? (2) If not, why not? Hon KIM CHANCE

AnswerView source ↗

I thank the Leader of the Opposition for providing notice of the question. On behalf of the Minister for Local Government and Regional Development, I provide the following answer - (1) No. (2) Western Australia Police does not possess sufficient evidence to ascertain whether the minister has committed an offence. Police would normally require evidence - observation - of a suspended driver before prosecuting the person with an offence. Given the explanation of the former minister - the lack of evidence to prove his knowledge of suspension - experience indicates that courts are reluctant to convict; therefore, a prosecution under these circumstances is not deemed to be in the public interest.
(2) If not, why not? Hon KIM CHANCE replied: I thank the Leader of the Opposition for providing notice of the question. On behalf of the Minister for Local Government and Regional Development, I provide the following answer - (1) No. (2) Western Australia Police does not possess sufficient evidence to ascertain whether the minister has committed an offence. Police would normally require evidence - observation - of a suspended driver before prosecuting the person with an offence. Given the explanation of the former minister - the lack of evidence to prove his knowledge of suspension - experience indicates that courts are reluctant to convict; therefore, a prosecution under these circumstances is not deemed to be in the public interest.
Hon KIM CHANCE replied: I thank the Leader of the Opposition for providing notice of the question. On behalf of the Minister for Local Government and Regional Development, I provide the following answer - (1) No. (2) Western Australia Police does not possess sufficient evidence to ascertain whether the minister has committed an offence. Police would normally require evidence - observation - of a suspended driver before prosecuting the person with an offence. Given the explanation of the former minister - the lack of evidence to prove his knowledge of suspension - experience indicates that courts are reluctant to convict; therefore, a prosecution under these circumstances is not deemed to be in the public interest.
I thank the Leader of the Opposition for providing notice of the question. On behalf of the Minister for Local Government and Regional Development, I provide the following answer - (1) No. (2) Western Australia Police does not possess sufficient evidence to ascertain whether the minister has committed an offence. Police would normally require evidence - observation - of a suspended driver before prosecuting the person with an offence. Given the explanation of the former minister - the lack of evidence to prove his knowledge of suspension - experience indicates that courts are reluctant to convict; therefore, a prosecution under these circumstances is not deemed to be in the public interest.
(1) No. (2) Western Australia Police does not possess sufficient evidence to ascertain whether the minister has committed an offence. Police would normally require evidence - observation - of a suspended driver before prosecuting the person with an offence. Given the explanation of the former minister - the lack of evidence to prove his knowledge of suspension - experience indicates that courts are reluctant to convict; therefore, a prosecution under these circumstances is not deemed to be in the public interest.
(2) Western Australia Police does not possess sufficient evidence to ascertain whether the minister has committed an offence. Police would normally require evidence - observation - of a suspended driver before prosecuting the person with an offence. Given the explanation of the former minister - the lack of evidence to prove his knowledge of suspension - experience indicates that courts are reluctant to convict; therefore, a prosecution under these circumstances is not deemed to be in the public interest.

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