REGINA – Saskatchewan’s top court is setting aside a man’s speeding conviction because there wasn’t proof that tuning forks on a radar unit were tested for accuracy.
The Court of Appeal says there was no evidence the tuning forks an RCMP officer used to test the radar unit were vibrating at the proper frequency when he pulled over Peter Abrametz in September 2007.
The constable reported that Abrametz’s vehicle was going 135 kilometres an hour on Highway 11 between the towns of Duck Lake and Rosthern.
The appeal judges say the most important fact was that at trial, the officer agreed it was essential for the court to know whether the tuning forks worked properly.
They also say the trial judge made a mistake by not giving weight to the officer’s admission that he wasn’t trained to test the frequency of tuning forks.
The written decision means Abrametz can move forward with an appeal.
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