Another downside of summary justice
I’ve blogged a few times on how Australian police forces have the power to impose summary justice on drivers at the side of the road in the form of impounding vehicles, and that my concern isn’t so much that I think it’s being abused as that it’s fundamentally a recipe for injustice due to its inflexibility. If vehicle is seen doing, or in practice is merely believed to have been doing, X, Y or Z then it’s impounded for N days no matter what, even if the person whose car it is and who’s therefore being punished was not actually the driver. Hence we have the Perth doctor who lost the use of his Lambo for a month after police stopped and impounded it for speeding despite not even being in the car at the time, never mind driving it, and despite the driver later being found not guilty of the offence; we have the Mercedes dealership who lost one of their loan vehicles to Victoria police for a couple of days after they took it away from Lewis Hamilton for being a tyre smoking dickhead outside the Albert Park Grand Prix circuit two years ago, again without anyone representing the car’s owner being present let alone in control of it; and we have the Perth Mum whose car was impounded for a month after her son was caught driving it, yet again without her even being in the car let alone at the wheel.
This is sort of more of the same, but with a couple of important differences. First is that in this case Tom O’Sullivan, the person driving at the time the car was impounded, was the owner, which means that at least they weren’t punishing someone who wasn’t even there again. Sure, it’s still an over the top punishment to lose your car for all that time for “undue and excessive noise” (Seriously? Not even speeding, just “noise”? What’s wrong with a defect notice?) and there’s that thing missing from the process… oh, what’s it called again, now? It’s on the tip of my tongue…Kang Oh yes, a fucking trial. Anyhow, that’s by the by. The point is that in this case the person who was driving is the one on the receiving end, disproportionate or not.
But then there’s the second big difference, which is that in all likelihood Tom O’Sullivan will never see his car again because it was stolen from the impound yard. And to add insult to injury it took them a fortnight to tell him.
Police waited two weeks to tell the owner of an expensive high-performance car impounded under anti-hoon laws that his vehicle had been stolen from a towing yard.
Embarrassed police told PerthNow there had been a “communication breakdown” between themselves and AAAC, the private company it contracts to tow and store seized vehicles.
It was not until February 29 that Mr O’Sullivan received a call from East Cannington Police Station to say his car had been stolen from an impound yard at Kewdale on February 17.
How much communication is even needed here? Ring ring, hello officer, one of the cars we tow away and store for you has been stolen, please tell the owner … ring ring, I’ve very sorry sir, but there’s been a break in at the impound yard and your car was stolen. Two phone calls. Two! Okay, that’s a bare minimum but it’s hard to believe that it could take two bloody weeks to have broken the bad news to this poor guy.
“The keys to every car are in the impound shed are kept on the car…..they simply jumped the fence, walked in played with the electric gate and drove my clubby out the door.”
Or maybe not so hard to believe.
Police said it was the first time such an incident had occurred.
If the keys have been in the cars all this time that sounds like you’ve got luck to thank for that.
“This is a one off and very sophisticated operation possibly done by professional people,” Inspector Bill Munnee said.
Yes, jumping a fence, starting a car with its regular ignition key, opening the gate and driving away sounds like the level of sophistication that would have given even Danny Ocean a migraine.
Needless to say Tom O’Sullivan is less than ecstatic and wants compensation from WA Police. And fair enough – he’s insured but why should he have to eat the increased excess given it was in someone else’s care at the time? For that matter his insurance company could be forgiven for wondering why the police and/or the towing company shouldn’t pay all the costs if it’s true about leaving the keys with the vehicles.
But I think Tom O’Sullivan is missing a trick here. I think he should also be asking for the undue or excessive noise charge to be dropped and any fine he paid to be returned along with any compensation. Because I think it’s possible the police haven’t just lost his impounded vehicle, you see. They may also have lost their evidence that there was a reason to impound the car in the first place.