POLICE say they have no power to cancel the impounding of a Lamborghini, even though its owner was not behind the wheel when officers intercepted it.

A 53-year-old mechanic was charged yesterday after allegedly taking a client's Lamborghini for a spin at more than 160km/h.

Police will allege that they detected the $200,000 high performance car speeding along Reid Highway, near Wanneroo Rd, in Balcatta.

The 2006 yellow Lamborghini Gallardo has been impounded for 28 days under anti-hooning legislation.

The mechanic, from Mt Lawley, has been charged with reckless driving and will appear in Perth Magistrates Court on February 2.

Assistant Commissioner Wayne Gregson told PerthNow that the owner had applied to have the vehicle released because he was not the driver at the time.

But Mr Gregson said that under new laws, which came into effect on January 1, police had no power to return to car to its owner.

He said the seizure could be cancelled only if a vehicle was stolen, it was a hire car, was not seized in accordance with the Act, or for reasons of extraordinary hardship, such as reliance on a vehicle for a medical emergency.

Earlier today, Police Minister Rob Johnson said it was the responsibility of the owner to ensure they knew and trusted who was driving their car.

``I have some sympathy for him but it's a situation that he has to take up with the garage owner,'' Mr Johnson said.

``It's not something that I'm prepared to change the law for, simply because somebody who owns a Lamborghini does not have that car for 28 days.''

The Lamborghini's owner, City Beach doctor Patrick Nugawela, hit out today at the rejection of his application to have it released.

Dr Nugawela likened the anti-hoon laws to WA's mandatory sentencing provisions for attacks on police and public officers.

He said he had been persecuted for an alleged offence in which he played no part.

``If that person (the driver) gets exonerated, I don't have the benefit of that,'' Dr Nugawela told ABC radio.

``I have basically been subjected to mandatory sentencing without trial.''

With AAP

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