A 36-year-old man who was riding a stolen Yamaha motorcycle when he led police on a chase through East Launceston has been found guilty in the Launceston Magistrates Court.
Magistrate Ken Stanton found it implausible that Oliver William Clark did not know he was being chased by police when he drove away from them about 2.15am on April 6 last year.
Clark was a disqualified driver at the time.
He told police on the night of the incident that he thought he was being chased by the person from whom he had stolen the motorcycle.
Mr Stanton said it was implausible that Clark did not know it was a police car when they were 15-20 metres behind him with lights flashing for a distance of 200m down Ann Street.
"The fact is lights would be obvious to the front and side at that time of night," he said.
"The defendant does admit he wanted to avoid interception and that is understandable because he had just stolen a motorbike.
"He saw and knew a police vehicle was following and when caught up with he then co-operated."
The court heard that police undertook a U-turn in High Street after they saw the motorcycle travelling in the opposite direction.
Police officers activated emergency lights and briefly the siren had been activated.
Police followed the bike down Ann Street, Abbott Street, Claremont Street, Elphin Road and Cypress Street before they found it on the side of the road.
The court heard Clark decamped and was trying to climb the gate into the Newstead College when police called him to stop.
During the hearing, defence counsel Alan Hensley cross-examined officers about statutory declarations they made about the incident in which both neglected to mention that the siren had been turned.
Two officers gave evidence in court that they had turned on the siren.
However, Mr Stanton said he could not find beyond reasonable doubt that the siren had been activated.
Mr Hensley submitted that Clark was suitable for a drug treatment order.
Under a drug treatment order a defendant can avoid jail as long as he complies with the order.
Mr Stanton postponed sentencing until May 31, at 2.15pm.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
