Friday 12 September 2008

Judge clips driver's wings

A woman serving jail time because she believed it was her "God-given" right to drive without a licence, has failed to have a conviction overturned by the NSW Supreme Court.

Losalina Rainima, who is a member of a group known as the "United People's Movement Against Road Taxes" has been in jail since her arrest in December last year for driving while disqualified.

The Fijian-born woman had been fined, had her licence revoked and was placed on a five-year good behaviour bond but refused to enter the bond and was subsequently jailed.

Ms Rainima also refused to accept the conditions of parole, telling the court: "Christ has redeemed me from these laws. I am of good mind and good intent. There is no law to which I need to answer in this case ..."

"I have a right of passage. I have a right of movement. All living things are given graces - the birds fly, the fish swim, the kangaroo hops and I've been given good graces to drive."

In his decision Justice Peter Hidden said the arguments advanced by Ms Rainima were "entirely without substance and were doomed to fail".

"Either the driver licensing legislation is valid or it is not. If it is, all of us, including the plaintiff, are bound by it and no inalienable right resides within any of us to free us from obligations which it imposes."

He found that no credible challenge has been mounted to the legislation and that would be the end of the matter.

He reminded Ms Rainima that her license was disqualified until May 2023.

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