Fine trial for traffic ticket
A BLACK River pensioner who refused to pay a $ 378 traffic ticket – claiming he never veered into the path of a motorcyclist and caused a crash – has taken the case all the way to trial and lost.
Fransiscus Johannes Clemenkowff, 81, who represented himself, was found guilty in Townsville Magistrates Court yesterday of failing to give way to an oncoming vehicle after a nearly two- hour trial that included the cross- examination of the crash victim, a samaritan, and two police officers.
It was ruled that Clemenkowff had turned right on Black River Rd about 3pm on February 16, failing to give way to a motorcyclist travelling in the opposite direction.
Crash victim Peter Escriva told the court he was riding along a straight stretch of the road going about 90km/ h of the allowed 100km/ h when he spotted Clemenkowff stop and slowly turn into his lane.
To avoid crashing into the gold Nissan Patrol, Mr Escriva “put on all the brakes” and was thrown from his bike, skidding across the bitumen.
“The first thing that the man did when he got out was, ( say) ‘ you hit my car’,” he said.
Kellie Ann Turner, who had been travelling behind Clemenkowff, also witnessed what Mr Escriva described. She described Mr Escriva as being “extremely belted up” from the crash.
Clemenkowff told the court this was false and accused all four witnesses of lying. He said he had been in his neighbour’s driveway “minding his own business” when he heard someone skid across the road.
In bizarre scenes, Magistrate Viviana Keegan was forced to steer Clemenkowff through the trial, interrupting and instructing him to listen to her directions on the rules of court as he attempted to question witnesses himself.
Ms Keegan convicted Clemenkowff for the offence and fined him $ 800 of the maximum $ 2500.
She said it was a “serious case” of failing to give way.
“Potentially you could have killed someone on that day,” Ms Keegan said.
“No one says you are a liar, but that does not mean you are not mistaken and there was a motorcycle there and you did not see it.
“You should consider that at 81, if you are alert enough to drive a motor vehicle. It’s not just about you, it’s about everyone else on the road.”
Clemenkowff, a retired engineer and war veteran, told the court he survives on his pension, about $ 420 a fortnight. He said he did not have a penny to his name and was assisted by charity from the Salvation Army.