Miss guided passion - Cattle on Roads- maybe not

[Opelblues2]

I have recently been involved in one thread "Cattle on Roads" I will have to say at the start of this thread, I got carried away to say the least. now as some have read I do have a back ground in cattle not a big property, what you would class as a hobby farm 645A, bordered on 3 sides by private farms and a horse stud, one fence/boundary was a state forestry reserve.

a bit more back ground, over twenty years ago, I was a very lucky man, I hit a cow on a open road, a state controlled road. while riding a motorbike, ye that what I said a Suzuki GS 1000. the out come I was able to walk away, two broken arms, had to have all my top teeth removed due to internal cracks, broke bottom jaw in two places, rear left foot peg went through calf. one disks lower back Ruptured and one in my neck. tore the tendons that cross the on both knee caps, stuffed a full face helmet. what up set me the most I wrecked my bike.

As I said I was lucky big bike it took most of the impact. my mate was lucky, he was behind me on a GPZ750, a lot lighter bike and was able to swerve. if I was the other way around it ay not ended as good.

In the same week a man was killed after hitting a horse out side Gladstone, property and horse owner had 3 warnings in regard to the horse and fence line, his comment to the media at the time was "not his problem it was a main road so it was the Main Roads Departments Fault for not maintaining the fence line"

my mate 6 months later after my crash, hit a roo on the beef Road, this is the road between Dingo and Nebo central Queensland he sent 10 weeks in hospital, skin grafts, ankle and shoulder reconstruction, as well he had too learn how to do thing with one hand. so in regards my crash I was very lucky.

Now I have hit Roo's, Goats, pigs and one Wombat over the years thankfully no cows, I have gone to a few funerals of old school friends. but it was the last one 7 years ago that really got me fired up, a hobby farmer believed it was his right to graze his cattle on the easement with only a electric fence stopping them from escaping, no signage, no approval from council or man roads, 2 warnings, infringement notice and a notice of impound of stock. they were removed but two weeks later, he put them back, that night a my friend was killed, she was six months pregnant. he was charged and convicted, In lay mans terms of gross negligence. he contested it and won. on the grounds of "Cattle - Right of Way"

[Enfield Guy]

As someone who has had their fair share of near misses with livestock and fauna on the roads, in cars, and on bikes big and small. All i can say is that in my experience, the law is an ass.

Just because you are technically, or morally right, does not mean you win.

The result is usually determined by the price and skill of your barrister. And the depth of your pockets.

Justice in civil cases does not really exist.

[Opelblues2]

Correct on many grounds, it was the police and the regional council that took the famer to court, not the family. I have No idea what the court costs were either way, as they were made private. I do believe the subject of livestock on roads in Queensland has been hot potato's for many years. I do wish that there is a out come one that ill be good for all parties. "let us hope"

[rustynail]

If the defendant won, then it would be plaintiff to bear costs. Wrongful arrest may also be a line the accused may wish to go down in such a situation. It just gets messier and messier.
I have a friend who is being sued at the moment. the DPP decided to drop the charges. When he sought costs he was told that as no jury had been appointed by the time the DPP acted there was no case. Therefore he was not entitled to costs. The amount he is directly out of pocket is in excess of thirty thousand dollars. Not to mention lost wages, travel expenses and accommodation.
He has no option other than to sue the police for wrongful arrest. Which he has now filed for.
How complicated life becomes when you cast yourself upon the mercy of the legal system.