Man frames brother for speeding tickets in family feud
AN IPSWICH man involved in a dispute with his brother over money sought payback by falsely declaring his brother to be the culprit for two speeding tickets.
Donald Spall filed statutory declaration forms stating that it was his brother who was the driver of his Mitsubishi Triton ute after receiving two separate speeding infringement notices.
But Spall was caught out when his brother Mark became aware and produced evidence that he was in far north Queensland at the time of both offences.
Donald Wayne Spall, 59, from Yamanto, went before Ipswich Magistrates Court and pleaded guilty to two charges of making false declarations on April 2 and on August 14, 2020; and two charges of fraud – in that he dishonestly induced a person to act on April 17 and August 21, 2020.
Police prosecutor Ricky Tsoi said the brothers were not on speaking terms, and at the time one had been renting a property off the other in Tivoli.
Both men are professional truck drivers.
In the first incident the Triton ute was detected speeding at Churchill in February last year and the second speeding offence was at Tivoli on July 28.
As a result of his false declarations the infringement notices were then reissued to his brother.
His brother later made complaints to the police and the matter investigated.
Mr Tsoi said his brother’s employer provided a statement that he was working in far north Queensland at the time of the first offence.
And in the second offence his brother provided a heavy vehicle log book to prove that he was on a rest break at Townsville at the relevant time.
Mr Tsoi said Spall had been angry with his brother because of a disagreement over money and property.
Spall’s lawyer told the court he was a truck driver with more than 20 years of experience and worked 12 hour shifts six days a week.
The lawyer said the offences were out of character and Spall had since paid the fines.
Magistrate David Shepherd said the false declaration offences were very serious and go directly to the heart of the legal system.
They carried a maximum jail penalty of three years.
Mr Shepherd convicted Spall and ordered he complete 120 hours of unpaid community service work.
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