Great68 | 09-09-2013 08:18 AM | Crown denied civil forfeiture of Speeder's motorcycle "A B.C. Supreme Court justice has turned down an application by the government to seize the motorcycle of a man clocked at more than three times the speed limit.
The decision is being lauded by the man’s lawyer, who said it could have been used as a precedent for the government to seize property for the simple act of speeding.
Jason Alan Dery was clocked driving his Ducati motorcycle at more than 200 kilometres an hour in a 60 km/h zone on July 2, 2011, while on Willis Point Road.
The director of civil forfeiture took Dery to court in an attempt to seize the bike, valued by the government at between $7,400 and $12,200.
B.C. Supreme Court Justice Gregory Bowden said in a ruling posted online Friday that he was unaware of any other reported decisions of a court in B.C. or another province that considered seizing such property for a motor-vehicle offence.
The majority of the cases cited by counsel were against property used for the cultivation of marijuana, he noted.
Bowden said while he does not condone Dery’s behaviour, the government didn’t prove the defendant’s actions amounted to dangerous driving under the Criminal Code or did it prove the bike was an “instrument of unlawful activity” under the Civil Forfeiture Act.
Barclay Johnson, Dery’s lawyer, called the proceedings a “test case,” and said a victory for the government would have set an important precedent for the Crown. “This would have been the first case in British Columbia that would have given a green light to civil forfeiture proceedings for simple speeding,” he said, adding the Crown rolled the dice and lost.
Johnson questioned using civil forfeiture laws to go after speeders when a mechanism exists through ICBC to deal with the issue. He said the focus should remain on the driver and not his property.
He said if somebody breaks a speeding law, the person should have to pay a fine, and if the offence is bad enough, their licence should be taken away, and in the most severe cases a driver should face a lifetime ban.
“There’s a pretty severe system of penalties already in existence that deal with road offences,” he said.
The Ministry of Justice declined to comment because there’s a 30-day appeal period, adding in an email that a final decision on an appeal will be made in the coming weeks.
Bowden said the defendant’s “uncontradicted” evidence for the July 2, 2011, event was that the road was long and straight, the weather was sunny and clear with good visibility, its surface was dry and there were no other vehicles on the road or in sight.
He said there were no pedestrians on the road or in sight, and the Ducati was in perfect working condition and its brakes and tires had recently been replaced.
Dery has committed 39 motor-vehicle offences and received five 24-hour driving prohibitions since 1990 and paid fines, victim-surcharge levies and driver-penalty points totalling $3,600, Bowden said.
Sgt. Steve Eassie of the Saanich Police Department said the director of civil forfeitures didn’t provide enough information for a decision to be rendered in the prosecution’s favour.
He said Willis Point Road attracts people who like to “test out their vehicles,” because it is long and straight, but the speed limit is 60 km/h.” Police will continue to enforce that limit."
So happy the civil forfeiture pigfuckers lost this, would have been a dangerous precedent. Three cheers for Justice Bowden! |