Latest news with #ArdsMagistrates'Court
Belfast Telegraph
6 hours ago
- Politics
- Belfast Telegraph
US barrister explains how he won case against Donaghadee speeding ticket: ‘I said to myself this is not right'
The judge threw out the speeding case after former Florida senator Joe Gerston claimed sign displayed wrong info Steven Moore and Paul Higgins An accomplished American barrister has explained how he won his case against a speeding ticket he received in Donaghadee. Former Florida Senator Joe Gersten, who settled in Millisle after leaving America 35 years ago amidst a scandal, appeared at Ards Magistrates' Court where he bamboozled the PPS, their star witness who clocked him allegedly speeding, and a judge who on hearing his detailed defence – chucked his case out.
Sunday World
2 days ago
- Politics
- Sunday World
Judge throws out case of ex-US politican who moved to Ireland after scandal
The judge threw out the speeding case after former Florida senator Joe Gerston claimed sign displayed wrong info This is the former Florida Senator who settled in Millisle after fleeing America 35 years ago amidst a sex scandal who this week defended himself in a speeding ticket case – and won! Joe Gerston, an accomplished barrister, appeared at Ards Magistrates' Court where he bamboozled the PPS, their star witness who clocked him allegedly speeding, and a judge who on hearing his detailed defence – chuckedthe case This is the former Florida Senator who settled in Millisle after leaving America 35 years ago amidst a scandal who this week defended himself in a speeding ticket case – and won! Joe Gerston, an accomplished barrister, appeared at Ards Magistrates' Court where he bamboozled the PPS, their star witness who clocked him allegedly speeding, and a judge who on hearing his detailed defence – chucked his case out. Mr Gerston is originally from Miami but claims he is now an Australian national, says he fell in love with Northern Ireland 20 years ago and bought a house a stones throw from the beach in the Co Down seaside town in 2018. The former Democratic Party member, who says he still practices law all over the world and specialises in EU law, told the Sunday World he decided to fight his summons for speeding on a 'point of principle'. The 77-year-old, who left the US when he was 46-years-old, was summoned to court after a mobile speeding van clocked him doing 44mph in a 30mph zone in Donaghadee. Former Florida Senator Joe Gerston. News in 90 Seconds - June 11th 'This coming December will be my 50th year as a court room lawyer – and over 50 years you look at things legally and I said to myself this is not right. 'There's only one place this guy (the speed camera operator) could have taken the shot…and I said you can't get away with this, this is bu**sh**, this is ridiculous. 'In my business, preparation is everything and I over-prepare – my win rate is quite high.' Mr Gersten told us he spent more money defending himself than had he just pleaded guilty and paid the fine. And he took us to the spot where he was supposedly caught speeding as he travelled towards Bangor. Effectively, he convinced the judge that there were no signs telling him the speed limit was 30mph and as he travelled out of the town centre the only sign he saw was at the far end of the town limits which, in the direction he was travelling, showed the limit was 40mph. According to the court report, Mr Gersten revealed that through calling evidence and cross examination, he intended to make the case that when his car was captured doing 40 in a 30, 'it was an honest mistake which is a reasonable defence in a strict liability case'. Joe Gerston. Commenting that 'pretty much all of the speeding cases' in Northern Ireland come through his court, Judge Hamill told Mr Gersten: 'I'm something of an expert on the subject.' The former US politician explained to us afterwards how he beat the speeding charge and had his case chucked out. He used photographs he had taken and showed the judge a photo of a sign saying 'Welcome to Donaghadee' – which he assumed meant that's the start of the town. He told the Sunday World: 'I showed the judge how all the signs going towards Bangor said 40mph and emphasised it was 40 on one side, and 30 on the other side of the road if I'd been coming in the other direction.' Colin Tumelty, the driver of a mobile safety camera vehicle, testified that on February 22 last year he parked his vehicle at the entrance to the Breckenridge development in Donaghadee, his camera facing towards the 30 zone. He told the lawyer for the PPS that 'coming from the Newtownards side, there's 30mph signs at the rugby club' on either side of the road and when pressed by the judge whether there was 'any room for confusion as to whether it's a 30 or a 40 zone,' he was adamant 'no, it's very clear.' During Mr Gersten's cross examination, the witness said that as far as he remembered the defendant was driving towards Bangor. 'So, is it fair to say that the sign I saw said 40,' the former senator suggested and Mr Tumelty agreed, 'yes, that's correct given the direction you were travelling.' 'Hold up,' Judge Hamill interjected, 'repeat that.' During the ensuing exchange between the defendant, the judge and Mr Tumelty, there were several discussions about signs, what was on the back of signs, what speed zone was where and photographs swapped back and forth. Eventually, it was established that Mr Gersten would have seen a 40 sign so would have been leaving a 30 zone, entering a 40 zone. Interjecting, Judge Hamill declared that he was 'totally confused' and told the PPS 'you cannot prove this case beyond reasonable doubt – case dismissed.' On Friday, Joe Gersten confirmed this was the first time he'd practised law in a court room in Northern Ireland but says he still practises in England and in other countries. But while telling us he had been a Florida Senator and House of Representatives member back in the US during the 70s and 80s, he did not go into detail about why he left. However, according to multiple reports in a number of news organisations Mr Gerston was caught up in a scandal which saw him serve 26 days behind bars before fleeing to Australia where he sought and was granted asylum. After he served 26 days in jail for contempt of court for repeatedly refusing to answer a State Attorney's questions over the circumstances of how his Mercedes was stolen on April 29, 1992, Gersten left America in September 1993 and landed in New South Wales in Australia a month later. A member of the Democrats, Mr Gersten served in the Florida House of Representatives from 1974 to 1981 before he was voted on to the Florida Senate from 1982 to 1986. In 1986, he was an unsuccessful candidate for the office of Attorney-General but between '88 and '93, he served as the Commissioner of Dade County, which includes Miami. Having announced that he was going to stand for election as mayor in 1992, his campaign came off the rails over an infamous incident on April 29, 1992 and the circumstances as to how his Mercedes came to be stolen. According to Mr Gersten, he was asleep in his home in Florida when the car was stolen and on discovering the theft when he awoke the next day, he reported the theft to the police. Officers in Dade County recovered the car and arrested two people in it – a drug dealer and a prostitute. Donaghadee Allegations were made against Mr Gersten but he has always strenuously denied the claims and claimed he had been set-up by the late US Attorney-General Janet Reno, while a congressional report also found he had been the victim of a set-up. The Dade County State Attorney's Office investigated the matter and Mr Gersten was repeatedly subpoenaed to answer questions but claiming that he suspected he was being set up for a 'perjury trap,' he refused. A judge held that Mr Gersten was in contempt of court and ordered him jailed until he agreed to answer questions. Ultimately, he served 26 days in prison before he was set free on appeal and he fled America, landing in Australia where he was eventually granted asylum, meaning that he could not be deported back to the USA where, given that he has not 'purged the contempt' by answering the DA's questions, he could still potentially be held in contempt. When asked about the alleged scandal which saw him incarcerated for 26 days and claims he had fled the US Mr Gersten told the Sunday World: 'I never 'fled' anywhere. There was never any restrictions on my travel. 'That was a weekly rag newspaper that I never gave interviews to. 'It had gay ownership that also owned a gay club that killed hundreds of customers during the AIDS epidemic and hated me for closing there (sic) very profitable club. 'Also note that Australia granted me political asylum. Please refer to the 20 articles about me in The Sydney Morning Herald And especially the 26-page US Congressional Report published online that states that I was the victim of a conspiracy by the US Attorney General who 'abused' her prosecutorial power. 'Also note that the New South Wales Supreme Court (Appellate Division) issued a very strong judicial decision in my favour (including expressly condemning US courts) on this very matter.'
