Race-based driving infringement appeal attempt fails

After accusing Queenstown police of racism, an Auckland businessman took his dispute over a $150 driving infringement to the High Court - and failed at the first hurdle.

In the Queenstown District Court in June, Shen Tsyan challenged the ticket, which he received for running an amber light.

At the hearing, he claimed he had been targeted ''because I'm Chinese - there's just one reason''.

However, two justices of the peace found the charge proved and he was ordered to pay the fine, along with court costs of $30.

But Tsyan continued the fight, appealing the outcome before Judge Nevin Dawson in the district court in August.

That, too, was unsuccessful.

Last week, the businessman took his gripe further, to the High Court at Invercargill.

Justice Gerald Nation, though, nipped it in the bud, declining Tsyan leave to appeal.

The incident, which was the subject of the protracted legal battle, took place on October 7 last year.

Tsyan was driving down Stanley St in Queenstown to make a left turn into Ballarat St at traffic lights.

He was seen by an officer turning left on an amber signal and pulled over.

Tsyan said he did not have time to stop safely.

The JPs at the original hearing accepted the constable's evidence and opinion that there would have been time for the defendant to stop.

The officer said he did not know the driver's nationality until he approached the door of the van and the issue of racial discrimination was rejected by the court.

Tsyan admitted that, if he did not have passengers, he would have stopped and it was noted he thought it was permissible to drive through an amber light slowly.

He argued in front of the High Court that a miscarriage of justice had occurred because the district court had failed to address the JPs' findings on issues of credibility.

Justice Nation said there was no risk of a miscarriage of justice and refused the defendant leave to appeal.

''The record indicates there was a reasonable basis on which the justices of the peace could reach the decision they did. Having heard the evidence, they were in the best position to make findings as to credibility,'' he said.

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