http://www.winnipegsun.com/2012/01/18/wise-up-court-challenge-fails

Wise Up court challenge fails (COURT refused to let retired police officer testify AGAINST SCAMERAS).  More Court Challenges PLANNED!

By James Turner ,Winnipeg Sun
First posted: Wednesday, January 18, 2012 02:03 PM CST | Updated: Wednesday, January 18, 2012 07:33 PM CST
 

But the real court fight still looms in the weeks ahead, the group’s founder says.

Todd Dube was in court Wednesday hoping to put claims of shady practices by the city in dinging drivers on the court record.

But the group’s expert witness — a retired police radar specialist — wasn’t permitted to testify without proper notice being given to the Crown, and Dube’s own efforts to put Wise Up’s arguments on the court record fell outside the bounds of court procedure.

Ultimately, Ilan Havel’s Oct. 13, 2011 photo radar ticket was upheld and Judicial Justice of the Peace Judeta Cohn ordered him to pay a fine of $191.25 after carving off court costs from the original $241.25 fine. Havel was photographed doing 65 km/h in the 50 km/h zone.

Dube was permitted to address the court as a friend of Havel’s but not as an expert witness.

Havel didn’t testify, leaving Wise Up without anyone to testify on its behalf.

Despite Dube’s efforts to put his arguments on the record, Cohn refused to hear them because they weren’t presented as sworn evidence.

Wise Up maintains because the photo radar car is operated from a service road just north of Grant it creates a possibility of inaccurate radar results. The group also claims obstructions — such as light standards — interfere with radar operation.

A photo of Havel’s infraction shows a light standard smack dab in the centre of the radar camera’s view.

The radar car operator who issued the ticket, Sonny Ayson, testified for the Crown that stationary objects in the path of the radar beam wouldn’t have any effect on its results.

“The radar unit will measure the velocity of a moving object, but not a stationary object,” Ayson testified. “It would have no effect on the reading.”

Outside court, Dube charged the operator wasn’t qualified to make remarks regarding technical findings. An appeal of Havel’s conviction is being considered.

Another court challenge is slated for February. Lawyer Kerry Unruh will appear to handle the legal end of things, Dube said.

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