www.mp3.com.au/djdivot

Appeal win for flash car lover
By RACHELLE CHAPMAN
03 March 2006

IT could be considered a small victory for the those who get around in hotted-up wheels.

The son of Thuringowa councillor #$%^&* #$%$ has won a long-running appeal against his conviction and fine for not following police directions.

DJDIVOT, 24, was fined $450 in the Townsville Magistrates Court in November last year when he was found guilty of contravening a police direction.

The court decided DJDIVOT had refused to comply with Senior Constable Mark Irving's direction to take his Nissan R32 Skyline from The Strand to nearby Mitchell St in the early hours of April 30, 2005.

Judge Bob Pack, sitting in the Court of Appeal yesterday, upheld DJDIVOT appeal because police action did not comply with the Police Powers and Responsibilities Act.

The appeals court heard in November that DJDIVOT agreed to drive his car as directed and entered it, starting the engine.

But before moving off he made a phone call, telling police he was calling his lawyer.

In his published findings released yesterday, Judge Pack stated, "At no time did police officer tell the appellant that it was an offence to fail to comply with a direction unless he had a reasonable excuse. At no time did the police officer tell the appellant that if he failed to comply he would be arrested for the offence."

DJDIVOT said he knew he had a solid case from the outset.

"I thought my solicitor brought up good arguments that gave me the confidence to go through with (the appeal)," he said.

"I could have given up after the magistrate and copped the fine and a criminal conviction," he said.

"But I didn't because I thought they were wrong and it turned out they were."

Since he was charged last year, DJDIVOT said he has lived a quiet life, spending more time at home in his recording studio.

DJDIVOT, who last year publicly criticised police for what he believed was harassment, said he still thought police were tougher on people who drove flash cars.

"I had to sell my car - now that I've gotten rid of it I haven't been pulled over once," he said.

"I left my personal plates off my new car and I haven't had a problem."

Councillor #$%# said the decision was a weight off her mind.

'I'm happy that it's over, it's been a big worry for the family,' she said.