CASE LAW - R v Gjoka
Marlen Gjoka was travelling eastbound on the Trans Canada Highway entering the posted 50 km/h speed zone that begins near the Harriet Road intersection. Constable Klear of the Saanich police department was stationed 350 meters into the zone observing and measuring the speeds of approaching traffic. He estimated Mr. Gjoka's speed at 100 km/h and using an UltraLyte LRB laser device he measured the speed at 99 km/h. Constable Klear radioed to Sergeant Stewart directing him to stop Mr. Gjoka for the speeding offence.
Mr. Gjoka's vehicle was also subject to impoundment for the excessive speeding offence.
Mr. Gjoka disputed the violation ticket and retained lawyer C.S.T. Mackie to represent him at trial. The defence centered around the fact that Constable Klear had no written notes concerning the testing of the laser speed measuring device and that his recollection of his speed as being between 65 and 70 km/h does not match Constable Klear's measurement of 99 km/h.
Judicial Justice Gordon convicted Mr. Gjoka, accepting Constable Klear's testimony that it is his practice to check the accuracy of the laser at the beginning and end of every shift and finding that Mr. Gjoka's estimate of his own speed was not accurate or credible.