Traffic Infringement Notices

The Hon. F. PANGALLO (15:05): I seek leave to make a brief explanation before asking the Attorney-General, representing the Minister for Police in the other place, a question about traffic infringement notices issued by police.

Leave granted.

The Hon. F. PANGALLO: I have been contacted by a very distressed constituent, Mr Allan Kelson, who was shocked to receive a $500 fine from police after being involved in an alleged hit-and-run incident in the city on 7 February involving a senior police officer, Detective Brevet Sergeant Darrell Mundy, who at the time was deputy president of the Police Association and campaigning, with elections taking place a few days later.

It's alleged the large utility with distinctive numberplates driven by Mr Mundy collided with the rear of Mr Kelson's stationary car in the right-hand lane of Morphett Street near Whitmore Square, and that Mr Mundy failed to stop and provide details to Mr Kelson and/or report the matter to police. Mr Kelson reported the incident to Netley police the same day. He showed photographs of the damage and supporting dash cam footage with audio. The police officer allegedly told Mr Kelson he did nothing wrong. The footage—which I have seen—doesn't lie. An enraged Mr Mundy pulls up in the left lane alongside Mr Kelson's still stationary car, loudly abusing a stunned Mr Kelson and his wife, Heather Smith, before driving off.

The Netley police officer who searched the numberplate immediately would have known the identity of the owner, but it would be another four weeks before police looked at the matter, telling Mr Kelson the other driver was known to police and his aggressive behaviour was out of character. It would take several more weeks before Mr Kelson learned the actual identity of the driver. On 7 March, a Sergeant David Williams from Netley called a flabbergasted Mr Kelson, allegedly telling him he had viewed the footage, knew the road laws, had come to the conclusion that both he and Mr Mundy were at fault and, astonishingly, proceeded to inform Mr Kelson he would be issued with a fine for breaching section 148s of the Australian Road Rules for failing to give way.

After I viewed the footage several times, read this section of the Road Rules and sought an opinion from an experienced road traffic lawyer, not only does Mr Kelson have a rock-solid defence, but Sergeant Williams appears to have made an error of judgement. I am uneasy with how this has been handled by SAPOL, particularly as the tables are now turned on the victim of an alleged crime. Mr Kelson has refused to pay the fine. My questions to the police minister are:

1. Can he now write as a matter of urgency to the Commissioner of Police and request that a full independent review of this matter is conducted to rule out any suggestion of police bias and whether or not there was any connection to the controversial Police Association elections?

2. Has Detective Sergeant Mundy been issued with a similar 'fail to give way' fine?

3. Has Detective Sergeant Mundy taken stress leave related to this incident?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:09): I thank the honourable member for his questions, and I will pass them on to the minister concerned in another place and seek to bring back a reply.