A PERTH doctor will have to go without his prized $200,000 Lamborghini for four weeks after it was seized by police who say they caught his mechanic driving it 70 km/h over the limit.
The mechanic was allegedly clocked driving the luxury sports car at more than 160 km/h in a 90 km/h zone in Perth’s east on Wednesday.
Dr Patrick Nugawela had left his car in the care of the garage where the mechanic worked.
Under Western Australia’s anti-hoon laws, police can impound a car breaking the speed limit by more than 60 km/h, even if it is not the property of the driver.
The 2006 yellow Lamborghini Gallardo will be impounded for 28 days.
Dr Nugawela has hit out at the rejection of his application to have his car released, saying he had been persecuted for an alleged offence in which he played no part.
Hardly seems fair. I see a flaw in these ‘anti-hoon’ laws. For those uninitiated into the mysteries of Aussie patois, a ‘hoon’ is a reckless speeding driver.
It’s only fair. After all, he selected the mechanic, and should have known what the guy would eventually be thinking and acting out. After all, he IS a doctor.
Yes, its “unfair” for the car owner to lose his car for 30 days. It is also unfair for anyone to be killed by the car the car owner gave over to the mechanic. “SO”–with car owners knowing the law, they should all be more careful and demanding about who they give their cars to.
Just another layer of protection to the even more innocent public.
Reminds me there are two types of people in the world: those that take responsibility, and those who avoid it. Glad to see the law enforcing the former. All you latter types should grow up.
Ah, the alf just had a backroom waltz with the blue heels. He won’t be dead for quids soon.
[You what? - h.]
So, Bobbo – if a thief tried to rob your bank, you’d be okay with the authorities impounding your bank account for a month? In either case, it’s punishing you for someone else’s crime. If you take your car in for a tune-up, you have no reasonable expectation the mechanic will use your vehicle to commit a crime. If the mechanic, during his joyride, had hit and killed someone, would you see the doctor up on manslaughter charges? You don’t like doctors, do you?
Due process used to include a trial.
What these cops failed to understand is the mechanic was just doing his job.
You see, to properly determine if your repairs were done correctly, you simply HAVE to drive the car at it’s limits down a long straight length of highway.
You HAVE to! Anything else would be criminal.
Ok,
So you hire a bricklayer to pave your driveway. He goes nuts and throws a brick at a passing car and kills someone. Are you responsible?
WTF are you guys thinking?
How can the car owner be responsible?
DrT
No aggro mate. Just talkin’ strine!
#2 Bobbo,
Say your accountant used some of your money to break the law (money laundry or something). Would it be ok to seize your bank accounts fo 30 days? This seems like over reaching to me. You should be responsible for your own actions but not the actions of others that you put your trust in that you had no idea would betray that trust.
#9, Steve,
If that was the case then the police WOULD seize the account. If you are innocent then it would be up to you to prove that your account was stolen or at least used without your permission.
Guess what else, if someone is killed inside your house it becomes a crime scene until the police complete their investigation. That can take over a month.
In this case the Lamborghini was used in the commission of a crime. I don’t know the Western Australia Criminal Code, it just may consider driving over 70 KPH over the limit a very serious crime.
#10 Fusion
Nah, not a serious crime. The impounding of a vehicle not owned by the speeding driver is clearly there to stop exploitation of the law.
Serious crimes in Western Australia include being a member of the Fremantle Dockers, referring to Alan Bond as a criminal, and being found Aboriginal and in possession of stolen chocolate.
Well, I’ve gone back and forth here. As usual, Fusion makes a better argument than I do, but he uses facts that I did not include and which when included become iron clad? So, I’ll stick with the harder case advanced by Animby and Steve.
Lets see: there is a law that if you drive your car more than 60 miles per hour over the limit, the car can be impounded/forfeited or whatever. TO GET AROUND THIS LAW, hooligans, evidently known as “hoons” in OZ simply exchange legal ownership of their cars and then drive like crazy. Under this scenario, the outcome here is only good common sense.
Now, Animby==HOW MANY TIMES have I posted that I LOVE THE DOCS!!!!! Its only that high emotional standard that positions so many mere MD’s to fall short in common occurrence, the Luv is still there though. Afterall, who else can you call when you need some legal drugs??? Who else controls that market place by government enforced monopoly power? Yea, Verily, it is our good docs. But on to your hypo: Yea, just like Fusion said: If there was some kind of major financial chicanery going on at the bank, I would think there would and should be a problem with “everyone” getting their money out? Money is “fungible” unlike lambo’s unless you include kit cars.
Steve: how come you crafted a hypo so close to Animby? Do you luv the docs as much as I do??
How about this: you loan a guy your gun and he shoots someone. Not your crime? You loan the gun to him while in the car you drove him to the bank in “but didn’t know what he was going to do?” etc.
Yep, two types of people in this world.
Fascists state idiocy!
Nice Job
I’m sure the mechanic has probably lost his job, and the owner of the workshop is probably supplying a loner, a decent one, and giving the good doctor free services for ever. He would also be trying to avoid getting the name of his workshop in the public domain, I would think it will be bad for business if it gets out.
Ok. Bobbo. IM me your address and I’ll send you a couple of blank, signed prescriptions. Meanwhile, I’m going to go watch the Ross Sisters again.
Maybe the doc can rent a Daewoo till he can get his Lamborghini out of the impound yard…
The mechanics shop could probably be taken to court if they don’t make it right.
You should not be responsible for a crime someone chooses to commit with your property. If someone steals my kitchen knives and commits murder, he is liable. Criminal justice is about prosecuting those who cause harm to others, not attempting to prevent anyone from having access to anything dangerous.
#18, Benny,
Quite correct. Only the damages would be quite minimal. You may only recoup your losses. Unless he earned money from the Lamborghini he isn’t out anything. If the car is damaged from the impound then he may recoup his damages.
But he can’t gain undue rewards simply because he can’t use the car.