Judge orders Porsche speedster to be prosecuted from scratch

2012-07-12 00:00

THE admission of guilt and the R1 500 fine paid by a young speedster in a Porsche are to be set aside and he will be prosecuted from scratch.

Chief magistrate Desmond Nair ordered this yesterday after examining the documentation relating to the case of Adam Hack (20).

The circumstances in which the fine was imposed also needed to be investigated, said Nair.

Hack paid the fine on Monday after he was caught driving at 188 km/h in a 120 km/h zone on the N1 in Centurion on Sunday.

His father, David (55), appeared in court yesterday. He was allegedly caught driving at 234 km/h, also in a white Porsche GT3. His case was postponed to next month.

The two men allegedly told traffic officers that Adam Hack was an Olympic swimmer “whose future has now been ruined”.

According to both the National Road Traffic Act and the director of public prosecutions, someone who exceeds the speed limit by more than 30 km/h in a built-up area, or by more than 40 km/h outside a built-up area, does not have the option of an admission-of-guilt fine.

The alleged offender has to be tried in court and his driver’s licence might  be suspended for at least six months.

Adam Hack paid the R1 500 admission of guilt fine on a charge of negligent or reckless driving.

However, documentation relating to his fine was submitted to Nair after it appeared that the “law was incorrectly applied”, according to sources.

Hack will now be refunded the money and must be “prosecuted according to the normal course of the law”, Nair ordered.

One of the reasons Nair ordered the investigation was possible tampering with the control document.

This document is completed on carbon paper. Although the original indicates the prescribed speed limit and Hack’s speed, these did not appear on the copy submitted to the court.

It was also not clear where and by whom the admission of guilt fine was set.

Following the court’s intervention Hack will be recharged and will have to appear in court on the same charge at a later date.

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