How one man proved an Ipswich magistrate wrong

A MAN who is adamant he did not hit a car while trying to park at an Ipswich shopping centre has successfully proved a magistrate made an error in conviction.

A woman claims she heard a crunch and saw a blue ute, belonging to Steven Malezer, trying to park beside a vehicle at Riverlink shopping centre at about 3pm on a day in October 2014.

She says she saw the driver of the ute, who was wearing shorts and a t-shirt, check the damage and drive off. She took down the ute's registration and left it on the damaged car's windscreen.

Mr Malezer, who represented himself in court, pleaded not guilty to failing to remain at the scene of a crash but was convicted after an Ipswich Magistrates Court hearing in April. He was fined $250.

He said on the day of the alleged collision, he quit his job at a business in the centre at 1pm, went to the doctor and left the centre by 1.45pm.

Mr Malezer said he parked his car at the back dock of the shopping centre and not in the car park where the crash happened. He said he was wearing his work uniform.

Mr Malezer's partner gave evidence that the couple bought their groceries at the centre later in the same afternoon but she said there was no collision.

At appeal in Ipswich District Court, Judge Alexander Horneman-Wren said Mr Malezer had demonstrated error on part of the magistrate and allowed the appeal.

"It seems to me that one can only be left in a state of reasonable doubt as to what the true position was. In those circumstances, directing myself in accordance with authority, the verdict which ought to be returned is one of not guilty," he said.

The charge was dismissed.



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