On 1 February 2021, SA Police discontinued a number of prosecution matters concerning speed camera offences relative to section 45C Road Traffic Act 1961 (South Eastern (SE) Freeway 60 km/h speed limit for bus and trucks).
As a result, a full review has been conducted of the remaining pending prosecutions that related to this camera. This was undertaken to determine if a reasonable prospect of conviction remained for those other matters still currently before the court; or if any unpaid expiation notices should be remain active.
To satisfy the evidentiary requirements a test must be conducted every 28 days. The review has identified whilst the testing procedure was correct, the retention of those testing records has not been followed in a manner that would result in a reasonable prospect of conviction.
Assistant Commissioner Ian Parrott said:
"It has been determined from our review; of this particular fixed camera at Leawood Gardens, that the recording of the testing regime SA Police had been conducting is such that we are not likely to see a reasonable prospect of conviction in court if the matter was contested. As a result, SA Police will discontinue a further 153 matters currently before the court and cancel 56 currently suspended expiation notices."
Between 3 April 2019 - 2 December 2020, 10,670 expiation notices were issued for this location of which;
- 8798 expiation notices were issued for light vehicle speeding offences.
- 477 expiation notices were issued for heavy vehicle general speeding offences.
- 1,395 expiation notices were issued for heavy vehicle offences under s45C (10kmh+).
In relation to these 10,670 expiation notices;
- 9959 were finalised.
- 316 had elected to be prosecuted and 153 of those matters which remain before the courts will now be withdrawn.
- 56 – current expiation notices will now be cancelled.
"It needs to be strongly reinforced that SA Police are absolutely confident the camera was and is operating as per its specifications with no issues relative to the technology of the camera. The matters cancelled are done so purely from a procedural process perspective and not regarding the capabilities of the camera." Assistant Commissioner Ian Parrott said.
"We also cannot lose sight of the fact that this camera was installed as a critical factor in addressing the issues of speeding heavy vehicles descending down the South Eastern Freeway into the city area where people have died. The camera was installed after the Coroner's recommendations to directly address this issue."
"Speeding is one of the Fatal Five that cause significant harm and trauma on our roads. Over the last five years (2016-2020) 99 lives have been lost and a further 232 people have suffered serious, often life changing injuries, where speeding was a contributing factor."
The Leawood Gardens Camera on the South Eastern Freeway ceased operation on 2 December 2020 due to maintenance and road works undertaken by the Department of Infrastructure and Transport. It still remains non-operational. The camera is not planned to resume operation until June 2021.
