By Hannah Barry
A Perth man has taken a fine for jaywalking in the Perth CBD all the way to the WA Supreme Court.
In 2017, Michael Nassib Said was convicted in the Perth Magistrates Court for jaywalking on Wellington Street in the Perth CBD.
He argued it wasn't clear if the light was red when he started to cross the road.Credit: James Alcock
Police officers had been patrolling on push bikes near the intersection of Wellington and William when they saw Mr Said enter the carriageway when the red light was showing solid red.
One of the officers yelled to Mr Said and another pedestrian to stop and go back off the carriageway.
Both officers rode out into the intersection to stop them from continuing to cross, but Mr Said refused to stop and kept walking.
He was subsequently handed a $50 traffic fine, but appealed the fine in Perth Magistrates Court.
Mr Said later appealed his case on a number of grounds, including the basis the magistrate who had heard his case had "interfered with the trial."
"The appellant made a submission that when he was cross‑examining [the officer] the magistrate interrupted and then took over the cross‑examination and led the witness away from the areas of questioning that he [Mr Said] wished to raise," the judgment said.
"In doing so, the appellant contends that false answers were given by [the officer].
"In particular, the appellant wished to put to [the officer] questions which would go to whether the Commissioner or any other person employed by the Commissioner had interfered with the pedestrian lights at the intersection."
His case has since been heard by Justices Robert Mazza, Michael Buss, Robert Mitchell and Janine Pritchard in the WA Supreme Court.
In evidence heard by the court earlier this month, Mr Said previous court dates were referenced.
According to the judgment referring to earlier trial dates, Mr Said said two weeks before the incident he had written a letter and sent it by post to the Commissioner of Police seeking to meet with him about a "vendetta" against him.
During a court appearance he also questioned an officer who appeared at the trial at length and accused one of shouting "obscenities" at him when they had tried to stop him from crossing.
He also said both police officers had lied, and later said the transcripts from the court had been deliberately altered to remove his evidence.
Mr Said filed a number of appeals with the WA Supreme Court after his conviction, and consistently asked for extensions in order to obtain copies of documents he believed were important to the appeal.
Ultimately, the WA Supreme Court dismissed his appeal application on May 8.
"For the reasons given, there is no merit in any of the appellant's proposed grounds of appeal. Given the lack of merit in any of the grounds, an extension of time to institute an appeal should be refused and leave to appeal on all grounds should be refused and the appeal be dismissed," the judgment said.
An earlier version of the story was published with the incorrect name for the appellant.