NEWS DESK
Stolen car used by burglars GoPro helmet fine thrown out on appeal len from Langwarrin, in the street. He yelled at the men in the cars to leave and went into the driveway where he was run down by the reversing white utility, luckily ending up in the tray and not being injured. The man jumped out and the ute drove off, damaging a neighbour’s wooden fence. The victim then grappled with the driver of the Nissan Patrol as he was trying to flee the scene. The car was turned around at the end of the court and driven straight at the man, who managed to jump out of the way. The four-wheel-drive then drove off in an unknown direction. It is believed motor bikes previously stored at the address may have been the targets of the thieves. One is described as Caucasian, 25-28, 173cm tall, with a stocky build and dark brown hair short on the sides and longer on top. He was wearing a grey singlet.
AGGRAVATED burglaries in Langwarrin and Dingley Village last week are being investigated by police. In one of the incidents, a burglar drove a stolen four-wheel-drive at a man trying to prevent his escape. He was unhurt. In the first instance a man drove a white utility to a business on Martlesham Drive, Langwarrin, 12.40am, Tuesday 2 February. About five minutes later the man went to the front of the business where he stole a white Nissan Patrol. Detectives believe that he and a man in the white ute drove to a house in Harrier Ct, Dingley Village, where a 52-year-old man was woken at 2.30am by a loud noise in his driveway. Looking out of the window he saw the white utility backed up to his garage with the tailgate down. He also saw the white Nissan Patrol, which detectives believe to be the one sto-
Plea for bike’s return FRANKSTON police are calling for help in finding a stolen motorcycle that has “significant sentimental value” for the owner. The deaf and mute man bought it following the death of his father. It was stolen from Tyrone St, Seaford, on 15 December. Detective Acting Sergeant Ryan Collins, of Frankston CIU, is appealing for witnesses or anyone with information about the motorcycle to call him on 9784 5590 or Crimestoppers 1800 333 000. Seen it?: The stolen motorbike.
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Facial composite: An image of the man police wish to interview over the incidents.
Police are appealing for help in finding the men. Anyone with information should contact Crime Stoppers on 1800 333 000 or make a confidential report at crimestoppersvic. com.au
THE case against a Victorian motorcyclist fined for having cameras attached to his helmet has been thrown out by a County Court judge on appeal. Max Lichtenbaum was fined $289 and lost three demerit points after being pulled over by police in Frankston in March 2014 for wearing a helmet with cameras affixed. Mr Lichtenbaum was found guilty in the Frankston Magistrates Court last year of not wearing an approved motorcycle helmet (‘No go for GoPro cams on helmets’, The Times 28/9/15). Lawyers Maurice Blackburn appealed the magistrate’s decision, arguing successfully that the Australian Standard governing motorcycle helmets was not made freely accessible to the public by VicRoads, therefore, riders could not be found guilty of breaching a standard that was not publically available. In handing down his decision in the County Court on Friday (12 February), Judge John Jordan said: “I am not satisfied with the magistrate’s order and dismiss the charge”. Maurice Blackburn also argued during the appeal hearing that motorcycle helmets in Victoria needed to meet the relevant standard at the date of manufacture and supply. It was submitted that this meant helmets could not be considered non-compliant at a later date, such as if a camera was attached. But because the first argument was accepted by Judge Jordan, he did not need to rule on the latter argument. Maurice Blackburn principal Malcolm Cumming said the firm would continue
lobbying for legislative change in relation to this aspect of the case. “We need to get clarity and confirmation for motorcycle riders in Victoria that approval of the relevant standard applies at the date of manufacture and supply, and not beyond,” Mr Cumming said. “That will bring Victoria in line with the explicit position in Queensland, South Australia and, as of December last year, the ACT.” He described the today’s appeal result as “a long time coming”. “Since the matter was first brought to us by the Victorian Motorcycle Council, and preceded through various incarnations at the Frankston Magistrates Court where there was ultimately an unsuccessful outcome, then to appeal that outcome in the County Court and get a favourable result today, is fantastic and we’re all very pleased.” Mr Lichtenbaum described the case as “very stressful,” but added: “I’m pleased that after two years it’s now over. I’m very safety conscious and put these cameras on my helmet at the time mainly for safety reasons. I feel safer knowing that if I have an accident I’ve got proof of what happened.” Peter Baulch, from the Victorian Motorcycle Council, said the appeal was “a win for common sense”. “This puts pressure now on VicRoads and regulatory authorities to recognise what they call at the national level as regulatory harmonisation. We poor motorcyclists simply call it uniform road rules right around Australia and that’s what’s needed,” he said.
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PH 9785 1887 Frankston Times 15 February 2016
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