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DPChallenge Forums >> Photography Discussion >> Good Result on My Legal Case
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11/30/2005 06:47:19 AM · #1
For the reference, last December, I had been charged for go/be on railway land. It was an unreasonable prosecution when I was taking photos in the railway property which has the most unclear 'NO ENTRY' sign, facing AU$400 fine. Here is the thread.

I refused to pay the fine and wrote a dispute letter to the Infringement Process Bureau. The Railcorps of New South Wales still pursued the fine, despite the strong reasons I have. I went to the local court to pleaded not guilty and would probably pay the maximum of AU$1100-5500 if I lost the case in court hearing.

I have prepared to represent myself at the hearing this morning. At the court, it turned out that the Railcorps has withdrawn the case. I did not even have to put myself in the witness box. No reasons of withdrawal are given but my guess is after all they really reviewed my evidence I sent with the first letter the photographs of the entrance railyarddip0401_01-thumb.jpg , the prosecution realised that no honourable magistrate would turn against me and put me guilty.

I felt being bullied by the NSW Railway with this issue while their transport service is far behind other developed countries. (All Sydneysiders know this reputation for the fact but that's another issue.) Not that I fought not to pay the fine but it is about how the laws and regulations to be enforced.

This incident put me in stress for the past 12 months and it is a learning curve for me. I was really ready for the final fight but they backed off first. Although I am relieved that the whole thing went in the good result, the questions I had for the witness officer will not be answered. To them this turned out that it never happened but the doubts are still with me.

Message edited by author 2005-11-30 08:07:08.
11/30/2005 07:43:00 AM · #2
glad to see that this is behind you.
11/30/2005 07:46:05 AM · #3
Can't seem to find the image you are referring to. Sorry you had to go through all that trouble. I guess you'll think twice about going into industrial areas like railyards from now on.

Take care.
11/30/2005 07:47:42 AM · #4
Im glad you put up a fight, city rail has to clean up its act before expecting people to pay their fines
11/30/2005 08:14:53 AM · #5
Originally posted by Beagleboy:

Can't seem to find the image you are referring to. Sorry you had to go through all that trouble. I guess you'll think twice about going into industrial areas like railyards from now on.

Take care.


Oops! I've fixed the link. And yes I know much more about how the legal system works and the rights of photogrphers in Australia. I'm glad that what I stand for pays of. Thx a lot.
11/30/2005 08:37:25 AM · #6
Congrats on the outcome! Another victory for the photographer! So glad this turned out this way.
11/30/2005 10:20:32 AM · #7
COngrats on 'winning', by any means.

I am a rail fan and model railroader and while i am not a die hard train photographer (limited time) I have friends for whom this is their main passion. Conrail was pretty easy going, as was CSX. NS is rather germanic in their enforcement, and since 9/11 all the railroads have become somewhat paranoid over photography.

Since railfans are somewhat common, the concensus is to carryy some train magazines in your car and attempt to educate the arresting individual as to your real purpose and that seems to work most of the time. But since people do get run over by trains, the rail police are only trying to protect you in most cases.
11/30/2005 10:23:52 AM · #8
Originally posted by Alienyst:

Congrats on the outcome! Another victory for the photographer! So glad this turned out this way.


I'm sure you went through a lot on stress. You were really standing up for the rights of all photographers everywhere, including me. Thank you very much.
11/30/2005 10:40:05 AM · #9
Thanks for standing up to them and congratulations on the positive outcome. Sorry you didn't get some of the answers you were seeking and that you had to experience 12 months of stress and heartache over it, but hopefully you can put it behind you now. As someone who has gone through a protracted court battle as well (although on a different matter), I know that it takes a lot out of you.

Congratulations again!

Message edited by author 2005-11-30 10:40:26.
11/30/2005 11:27:26 AM · #10
Originally posted by Alienyst:

Congrats on the outcome! Another victory for the photographer! So glad this turned out this way.


I don't think it is because it was basically dropped :-((

Originally posted by henry_buckle:


Im glad you put up a fight, city rail has to clean up its act before expecting people to pay their fines


Agree; Cityrail need to figure out how to run a basic (forget about wodl class rubbish) train system instead of all the distractions - I lived that disaster for far too long.
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