A Queensland barrister will use case law dating back 200 years to try to avoid a $146 speeding fine.

Tony Morris QC is mounting a legal challenge against Queensland’s speed-camera laws, the Courier-Mail reports.



Morris says he was not driving when his Volvo was photographed doing 57km/h in a 50km/h zone last year. But he refuses to say who was behind the wheel.

He has invoked a spousal privilege case from 1817, arguing that a Queensland court cannot fine him when there is evidence he was not the driver. He says he was in a meeting with judges when the Volvo was caught speeding, and that they are willing to testify that he was with them.

He argues the spousal privilege principle, established in England 200 years ago, means a husband cannot be compelled to provide information that incriminates his wife. However, he may face a difficult legal battle. In 2011, the high court ruled that spouses have no right to silence under common law.



“I decline to identify the person who was in charge of the vehicle at the relevant time,” Morris reportedly wrote in a letter to the Department of Transport.



Earlier this year, Morris wrote to federal, state and territory attorney generals saying he planned to challenge parts of Queensland’s speed camera laws. Under the law, the registered owner of a car has two options: name the driver or say they do not know who was driving. Car owners cannot say they know who the driver was but refuse to give a name.

Morris told the Courier-Mail he cannot see why he should report someone for driving the car when the legislation is invalid. He said the Volvo caught by the speed camera was not his usual car, but would not tell the paper who usually drove it.

The case will go to the court of appeal within weeks.