A Hagley man who told the Launceston Magistrates Court that he wanted to be known as Rodney Allan of the family Harker failed in a bid to have Tasmania Police and City of Launceston council convictions and penalties set aside varied.
In a telephone hearing the man, who Magistrate Simon Brown called Mr Harker, said he had been told that his “family name is Harker and that his Godly Christian name is Rodney”.
He admitted to being the personal representative of Rodney Allan Harker.
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He sought the setting aside of three parking infringements and seven Tasmania Police infringements.
Mr Harker told Mr Brown that Tasmania Police had “created controversy ” by claiming that his name was Rodney Allan Harker but had not provided any evidentiary proof when he asked them to.
He also claimed the Department of State Growth had told him that the registration plates of his vehicle and that the name on the driving licence were the property of the state.
“How can an artificial entity commit an offence,” he asked.
Mr Brown asked Mr Harker if he was the entity that filed a statutory declaration and application to set aside penalty at the Launceston Magistrates Court on July 9, 2020.
“Were those sworn by the human being that the state assumed that name to?,” Mr Brown asked.
“I don’t know,” Rodney Allan of the family Harker replied.
In quickly making his decision, Mr Brown said that under the Monetary Penalties Enforcement Act 2005 he had the discretion to set aside or vary the convictions and penalties if Mr Harker could establish a valid and relevant reason why he had not had the charges heard by a court or if he established a prima facie defence to the offences.
However, he said Mr Harker, whose date of birth was unknown to the court, had not established either and dismissed the application.
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