Bikers cleared in street race case
BY LOUIS ANDREWS, COURT REPORTER
11 Jan, 2012 04:00 AM
Two men accused of an illegal motorcycle race have forced police to pay them $7500 after a magistrate acquitted them.
Adriano Giannasca and friend Aldo Pellegrino walked out of the ACT Magistrates Court free men yesterday after two charges against each of them were dismissed. They had pleaded not guilty to taking part in a race and driving at dangerous speeds, but admitted failing to display L-plates and riding without a registration sticker.
Giannasca, 31, and Pellegrino, 37, were charged after police allegedly saw them racing a pink Harley-Davidson FXS-92A and a red, black and silver Suzuki 65XR600 (wtf typo, GSXR???) Flemington Road in November 2010.
Police told the court the riders reached speeds of up to 130km/h and appeared to be ''jostling'' for the lead along the straight stretch of road.
But both men, entering the witness box in their defence, denied they were racing and denied travelling excessively fast.
Giannasco told Chief Magistrate Lorraine Walker they were simply riding in the suburb of Harrison before being stopped by police.
Their lawyer, Michael Kukulies-Smith, argued the prosecution had failed to prove the pair's driving was dangerous, in the conditions, and failed to prove there was an agreement to race.
Ms Walker said yesterday the two officers gave ''significantly inconsistent'' versions of events but the two defendants' evidence was plausible.
She also said the officers' assessment of the driver's speed seemed to be influenced by the noise the modified bikes made as they travelled along Flemington Road.
The magistrate found the charges against both men not proven.
But the pair had earlier pleaded guilty to minor offences: Giannasca for failing to display L-plates and Pellegrino for riding without an affixed registration sticker. Both were fined $99 - the equivalent of an on-the-spot traffic fine - and convicted on the lesser charges.
Costs were awarded to the defendants in the sum of $3750 each after agreement between the parties.
Earlier, Mr Kukulies-Smith argued the prosecution had failed to prove the Road Transport Authority had not given permission for any alleged racing and, as such, the charge should fail.
But Ms Walker rejected the claim, ruling the onus was on the defence to prove they were the exception to a presumed ban against street racing.
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