A leading Canberra barrister has lost a protracted fight against a $297 speeding fine despite his solicitor's argument that "Einstein would turn in his grave".
Jack Pappas will now have to pay a $400 penalty after taking his battle all the way to the ACT Supreme Court on Wednesday.
Mr Pappas received a traffic infringement notice earlier this year after his Mercedes-Benz AMG was detected travelling at 83km/h in a 70km/h zone on Pialligo Avenue in Majura.
A series of images from a speed detection device showed the offence occurring at 11 seconds past 9.50am on February 1.
Mr Pappas effectively conceded he was speeding but challenged the fine in the ACT Magistrates Court in August on the basis this was a different time to 9.50am, which is what was stated in the allegation against him.
Prosecutor David Leggett told the court the speeding did not have to occur at "9.50am flat" because stating the minute was sufficient to cover the period until the clock struck 9.51am.
Mr Pappas' solicitor, Tom Taylor, disagreed.
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"Einstein would turn in his grave to think time was not a continuum, to think that time could be crafted in a way that encompasses all time," Mr Taylor told the court.
"They are two separate periods of time. 9.50am and 9.50am and 11 seconds are two different times."
Chief Magistrate Lorraine Walker ultimately rejected the argument, saying she was satisfied "9.50am" was capable of referring to a full 60 seconds and the offence fell within that period.
Given the matter, which she described as "interesting", proceeded to court and there was no acceptance of guilt, she imposed a $400 fine.
But Mr Pappas appealed against the decision in the ACT Supreme Court on Wednesday afternoon, with Mr Taylor again representing him.
Justice David Mossop dismissed the challenge after finding nothing wrong with Ms Walker's decision and agreeing that "9.50am" could cover an entire minute.
The judge added that Mr Pappas knew what the allegation against him was and that if he had wanted it particularised down to the second, he could have asked for that to be done.
