A LAUNCESTON magistrate was "extremely gullible" in granting a restricted licence to a P-plate driver after an "extraordinary" hearing, a Supreme Court judge has said.
Magistrate Reg Marron granted the Launceston man a restricted licence on January 9, on the grounds that its loss would cost him his job as a real estate agent and cause him severe and unusual hardship.
The man's licence was suspended for three months in December because he had racked up too many demerit points.
Justice Alan Blow allowed a police appeal and revoked the restricted licence on Friday.
He dismissed the finding of severe and unusual hardship, and labelled the hearing that led to that finding as "extraordinary".
Justice Blow said the man had told the court that he had kept his job when his licence had been suspended twice in the past, presented a letter from his employer that said his job was not under threat, and said that if he was unemployed someone would help him out until he could drive again.
"Extraordinarily, the learned magistrate gave him an adjournment to go and get better evidence," Justice Blow said.
"And, perhaps not surprisingly, the respondent came back with a letter from the employer in sterner terms, saying that his employment would be terminated if he did not get a restricted licence.
"I suppose I have to accept that the learned magistrate was approaching his duties conscientiously.
"It follows therefore that he was extremely gullible on this occasion in accepting the letter."
It is the seventh successful appeal against Mr Marron launched by Launceston Police since January 1 last year.