Article: Ticket dodger loses payout

[ozbob]

Article from the Herald Sun click here!

Ticket dodger loses payout

Ticket dodger loses payout
Article from: Herald Sun

Norrie Ross

December 19, 2008 12:00am

A COMMUTER who fell and broke his wrist while running from ticket inspectors has lost his $571,000 payout.

The Court of Appeal yesterday ordered a retrial in the compensation claim of Joseph Chetcuti after finding the judge at his trial made legal and factual errors.

The three appeal judges overturned the award which carried a legal costs bill to Connex of over $300,000.

The appeal court said ticket inspectors saw Mr Chetcuti illegally cross the tracks twice and climb over a mesh wire fence at Macleod railway station in April 2003.

The inspectors caught the panel beater, who struggled and spat in the face of one inspector before running off.

As they chased him Mr Chetcuti fell and broke his wrist on a ramp.

Judge Susan Cohen found the ticket inspectors acted unlawfully in their attempts to detain him.

It was Mr Chetcuti's case that he ran as fast as he could because, having spat in an inspector's face, he thought that the situation might become violent and the Connex officers might bash him.

Appeal judge Justice Kim Hargrave said it was claimed by Connex that Judge Cohen made a critical finding of fact that was inconsistent and illogical.

Connex also complained the County Court judge misunderstood aspects of the law and failed to give adequate reasons for her decision.

Justice Hargrave said Judge Cohen failed to adjudicate Mr Chetcuti's claim of assault and other issues before her, and a retrial before a different judge was the only just decision.

"It is especially unfortunate in light of the fact the trial occupied 11 sitting days and the decision was reserved for close to nine months before judgment," Justice Hargrave said.

[ButFli]

So the ticket dodger hasn't lost his pay out at all. He'll get to keep it for sure.