Thursday, April 30, 2009

Cops Shoot Redlight Traffic Camera Trial


Court TV media pool and Pirate News TV at Clifford Clark pre-trial hearing in Judge Baumgartner's courtroom, concurrent with murder trials of DA Black Widow Raynella Dossett Leath, immediately prior to Judge Mary Beth Liebowitz banning Pirate News TV from court without written nor oral order

UPDATE: Reporters Committee on Freedom of the Press reports on the ban of Pirate News in this case

UPDATE: Clifford Clark Wins! - All charges dismissed re shooting redlight camera, after Mr Clark subpoenaes Knox County deputy to testify that a Knox deputy confessed to shooting a redligth camera in Knoxville

State of Tennessee v Clifford E. Clark jury trial dates: 10 August 2009 (case dismissed 1 week before trial), 26 October 2009, and 6 November 2009. Court watchers welcome. Docket #s: 90252, 91484, 90618, 90821, Division 3, Knox County Criminal Court, Knoxville TN.

Order to ban Pirate News TV from court during the 3 jury trials of Clifford Clark - Four previous judges ordered that Pirate News TV be granted video access to broadcast all hearings in that case.



Transcript from Cliff Clark hearing to ban Pirate News TV - 1 July 2009

Transcript from Cliff Clark hearing on 1 July 2009 - Not including the pre-hearing hearing for the prosecution to ban Pirate News TV.

TRIAL UPDATE July 1, 2009 - Pirate News TV banned by Judge Mary Beth Liebowitz who isues verbal and written order/opinion to censor Pirate News TV broadcast. WBIR TV was allowed to remain and videotaped entire hearing, then censored it down to a 30-second soundbyte. WBIR did broadcast prosecutors admitting KPD, KCSO and Redlex destroyed or lost all ballistics evidence in this case (since Knox County deputy sheriffs confess to shooting the redlight cameras). KCSO deputy Nick Carroll had a total meltdown on the witness stand during cross exam by attorney Ron Newcomb, was unable to think of lies fast enough to speak, and began giggling uncontrollably (censored by WBIR). WBIR news director Bill Shorey refused to sell a copy of the unedited hearing to Pirate News TV as a media pool, and censored the fact that Pirate News TV was censored.


Clifford Clark assaulted and beaten is some type of undercover police informant ambush, Knox County prosecutors and police refuse to arrest or indict assailants, threatened Clark with arrest for alleged violation of bail for the crime of allowing himself to be ambushed inside his own car. This is apparent retaliation from Knox deputies for Clark defending himself by shotgun during illegal home invasion by unidentified undercover deputies wearing Metallica t-shirts, who illegally stole $10,000 of firearms locked in a safe.

Hearing Transcript May 1, 2009 - Pirate News TV was banned by Judge Mary Beth Liebowitz to censor TV broadcast of prosecutors admitting KPD, KCSO and Redlex destroyed or lost all ballistics evidence in this case (since Knox County deputy sheriffs confess to shooting the redlight cameras). No other TV station was in the courtroom. Prosecutors used perjured testimony for another bogus indictement by grand jury of assault against deputy Robbie Lawson who was not even inside the home at the time of the alleged assault. Regarding the media request to broadcast by Pirate News TV, Judge Liebowitz never decided orally yes or no, nor signed the media request form. prosecutor Scarlett alleges John Lee was "hired" by Cliff Clark, but that was only for events outside the scope of the court hearing, to record freelance photographic evidence of the non-existant evidence, not to be broadcast on Pirate News TV (but Judge Liebowitz banned that, and no payment was made). All TV news stations sell video copies of broadcasts, and most TV news cameramen do freelance work as a 2nd job.

Prosecutor Zane Scarlet: "The enclosure [with alleged bullet holes in it] was never taken into confiscation by the police department. It has never been in State control or State property. It was taken down by Precision Electronics and replaced by an enclosure that didn't have holes in it, but it has never been in State's property. Therefore I cannot produce it because it has never been in our control."

Defense attorney Ron Newcomb: "Your Honor, one of the main issues in this case, is not only do we have the cover, but we don't have it in its location, because one of the issues is..."

Judge Mary Beth Liebowitz: "Where the shots came from, obviously." [and what caliber and from whose gun]





Transcript from July 1, 2009 hearing to ban Pirate News TV from 3 jury trials of Clifford Clark (not included in the transcript above):

Judge Liebowitz: I've gotta tell you something, Mr. Newcomb, that I've been joking with the lawyers about it all for a week now. I had occasion to have to attend a funeral in Arizona, and unfortunately I got flashed by a light as I was going down the interstate there. They arrest, uh, they charge about a thousand people a week there. They're making quite a fortune on those little flashing lights. I just wanted to let you know that I've had that experience.

Mr. Newcomb: We see no conflict with the court. It'll give the Court some experience.

Judge: We've been given notice by Channel 10 News to be present to film Mr Clark's matter, which I'm not ready to do yet. I've also been given a request by Mr. Lee again. And I need to talk about Mr Lee's matter if we could do that. Do any of you have a problem with that?

Mr. Newcomb: Your Honor, I do not represent Mr Lee. He is here, as I understand it, as some sort of media person...

Judge: That's the problem that I'm dealing with. As Ive tried to figure that one out, and I don't know if the general wants to address that at all. Do you general?

Prosecutor Zane Scarlett: I'll just say this...

Judge: He's filed a media request form. I have to go back and look at the ruling. I don't know if Mr Lee wants to something about it too. So if he does he's gonna need to come up here to the podium.

Mr Scarlet: I just want to say, Ive tried to reconstruct when this occurred. When this case was in Division 1, transferred to this court. We met for discovery purposes to go over evidence in Division 2 courtroom, which court was over for that day. At that time Mr Lee wanted to come in and film that. And I told him it was closed, and not an open court proceeding. And I believe he came back down to Your Honor who ruled he was not allowed to see evidence, the media was not allowed. And he told me, I guess that makes me a witness, he told me that he was not media, that he had been hired by Mr. Clark. That's all I've got to say, about him being media and all.

Mr. Newcomb: "Your Honor, on behalf of Mr Clark we are supportive of Mr. Lee. I'm not sure what arrangements.

Judge: What do you mean by supportive?

Mr Newcomb: We support him being here in his media capacity. We don't have any objection to it. As far as what Mr Clark..."

Judge: You're not saying what, whether or not, Mr Newcomb, his media connections are a little different from most...

Mr Newcomb, Mr Lee...

Judge: I'm sorry, Mr Lee.

Mr Newcomb: It''ts been a long day.

Judge: Whether or not I rule, you're not saying whether you and Mr Clark have a position on that, whether or not he was hired by anybody. You're just saying that you're not objecting to his presence and him videotaping, and you don't object to Channel 10 videotaping.

Mr Newcomb: That is correct.

Judge: Are you aware that they gave notice?

Mr Newcomb: No Your Honor. But I don't object to that. And Your Honor, whether or not Mr Lee has been hired by Mr Clark...

Judge: I guess Mr Lee needs to tell me.

Mr. Lee: "You're Honor, my name is John Lee, I am not hired by Mr. Clark to be here. I'm an independent...

Judge: Mr Clark if you can't hear you're welcome to come on up.

Mr Lee: I am not hired by Mr Clark to be here today. I'm an independent news reporter. I'm working with some national media, to perhaps cover this event.

Judge Liebowitz: Who granted you that Press Credential there?

Mr. Lee: Myself, Your Honor.

Judge: You made that.

Mr Lee: Yes. It keeps the police officers happy. It's not fun being threatened with arrest every time I try to shoot video in a public place.

Judge: As I understand it you are an independent indivual who puts video on the community channel, is that right?

Mr Lee: Yes, Your Honor. At that one hearing, I believe its Mr Scarlet, that was a separate contract.

Judge: That Mr. Clark hired you for?

Mr. Lee: His attorney needed someone to videotape the evidence, of the ballistics evidence that had been destroyed or lost by the prosecution. And he needed somebody to videotape...

Judge: So you were actually hired by Mr. Clark?

Mr. Lee: For that one out-of-court hearing. I'm sure the other
videographers for the main stations do independent work every now and then. They...

Judge: They better not.

Mr. Lee: They also sell videotapes...

Judge: They sell their own videotape.

Mr. Lee: Through HP Video, and those are often purchased by attorneys.

Judge: "Well that I agree with. I don't think they do independent
contract with defendants though, because if they do I don't think they'd be allowed to come in."

Mr. Lee: I was not there. I was not paid.

Judge: You weren't paid?

Mr. Lee: I was not allowed in the hearing so I was not paid for that.

Mr. Newcomb: Your Honor, at the time we did not have that peice of equipment. And we needed his equipment. But he didn't come in. He missed it.

Judge: So it never happened.

Mr. Newcomb: It never happened, Your Honor.

Judge: Let me explain it this way. I'm kinda wrestling with this
gentlemen, and I want to go through this and put it on the record so that it's clear. I see Mr Clark has a private reporter here today also, so there is a record. Rule 30 says that, uh, it's in the court's discretion, either way, and that legitimate news media may come in and they video at the court's discretion if they give notice and they get clearance and Mr. Lee has given notice, several times, and has been here faithfully. I don't have a definition of what 'legitimate media' is. I can make a Press Card myself on a computer, and I'm not saying you're illegitimate, I can make a 'Press' card on a computer, Mr Clark, such as what you have given me as your business card on a computer, I can get on Community Channel, but that don't make me 'media'. And uh and so. And the other problem is, that everytime if I were to permit Mr Lee to do this under these circumstances, as opposed to them, who are, who are bound by some other regulations as well, then everybody who wants to come in with a video camera can do that, and make their own cards and do their own thing. I don't know what the definition of the appellate courts or supreme court when they made that Rule mean by 'legitmate media'. You are not here with an attorney, and you are not represented by any of these folks. They don't have a dog in your fight. It may very well be that they mean this to be legitimate media. I don't know. So, at this juncture, if, in fact you really never even assisted. But at this juncture I'm not prepared to declare you 'legitimate media'. I'm not saying I won't, but I need to clarify that. I don't know if you know anybody who's going through this process to challenged this or not? Or if you have an attorney who might be able to help you with it? You're not a criminal defendant so I can't help you with an attorney. But we need to clarify, Mr Lee, what we mean. Okay? And you are welcome anytime in this courtroom. You may report all you want on whatever you want to report on. My concern is the video. And it's an open courtroom and you are welcome. But at this point I'm not gonna let you video. But I will tell you that because you have made this request, I would like to do a little further research on it and and make a complete ruling at the time that we start for trial, if you wish to prepare an appeal on what you wish to do and not wish to do. Im not... I think that's fair to you right now. I need to figure out what they meant. And they may well have had this in...

Mr. Lee: Your Honor, in my defense I'd say that...

Judge: You don't have a 'defense', you're 'media'. You're also welcome, if you wish, to appeal my ruling.

Mr. Lee: I understand.

Judge: And that may be a way for you to define it. But, and I don't object to that...

Mr. Lee: In my defense, Your Honor, I would say that apparently I'm the first media to Knox County judicial history, to actually follow the Local Rules, as far as filing an Order with you, and filing a Media Request with the Clerk, and doing things by the Local Rules. So perhaps that carries some weight.

Judge: You, media requests are always required by them, but they do it by Fax motion, uh, request, and we've been doing it that way for all this time. And yes, you have followed the Rules. That's why I'm saying, I'm not trying to cut out public information to The People. This is just, I mean I'm about to open a can of worms if I do what you're asking me to do.

Mr Lee: I would...

Judge: It's not just a can of worms for me, but a can of worms for a lot of people.

Mr. Lee: I also add, Your Honor, that this is an international case, it's not a 'normal' case, it's gotten 10,000s of hits on the internet for this case, and it's gotten interest through me, with a national court live web TV service, that covers major cases all over the United States.

Judge: And that may be. Whatever you do with your media work is not my business, basically. I don't care. It depends whether or not I can get a Knox County jury to try Mr Clark, I hope to, and that's where I am. If you wish me to put down a written order, so you can go through the process of appeal, then I'll put down a written order denying your right to video. And I'd be glad to do that for you, so that you can go down, and I think somewhere in here I still have your business card but I do have to have an address to mail a copy of the Order to. So if you have another one just give it to the Clerk's office they'll mail you a copy of that Order. And it may well be that you wish to take that to appeal, and that's fine. Okay?

Mr: Newcomb: Your Honor...

Judge: Yes sir.

Mr Newcomb: Mr. Clark has asked me to submit a question to the Court, and I think I know the answer. He is hearing impaired, and he has requested that he be allowed to video proceedings.

Judge: No sir.

Mr Newcomb: I understand.

Judge: And here's why. Because no individual can do that. We have a court reporter, that's the official record. You can hire a court reporter, that makes a record that you can use privately. That's just another can of worms I do not wish to open.

Mr Newcomb: I understand.

Judge: I don't want everybody in town videotaping everything. What happens is they splice and dice the tape. I know that tape is correct and I know that transcript is correct because I read it and have to sign it. For instance if Mr Clark is convicted, I have to sign that is a true and accurate transcript. I have to swear to it.

Mr Newcomb: I understand.

Judge: That is my responsibility.




WBIR TV News censored the fact that Pirate News TV was banned from that trial, and its cameraman was "too scared" to turn on his videocam, even when Clifford Clark's lawyer was testifying.



Previous hearings broadcast by Pirate News TV: DEPUTY ROBOCOP SNIPER TRIAL UPDATE


Cliff Clark pretrial discovery hearing for alleged vandalism of Redflex camera, 26 Feb 2009


Cliff Clark preliminary hearing on probably cause in alleged assault case of home invasion by unidentified undercover deputies wearing Metallica t-shirts serving a bogus warrant for the "crime" of UT student Clark posting a webpage critical of UT administrators, August 28, 2008


Court TV media pool and Pirate News TV at Clifford Clark pre-trial hearing in Judge Baumgartner's courtroom, concurrent with murder trials of DA Black Widow Raynella Dossett Leath, immediately prior to Judge Mary Beth Liebowitz banning Pirate News TV from court without written nor oral order





Redflex fired in Knoxville for suspected fraud and bribery during Cliff Clark trial, perhaps because Redflex paid Knox deputies to shoot Redflex scameras to bill taxslaves $75,000 per bullet. Lasercraft from Communist China and England got the new contract in Kville.

Redlight Scamera Archive at PirateNews.org for links:

"Redflex Group is based in South Melbourne, Victoria, Australia. Redflex Holdings Limited was listed on the Australian Stock Exchange in January 1997. Redflex Traffic Systems Inc has contracts with more then 130 USA cities, and is the largest provider of digital red light and speed enforcement services in North America."
—Redflex.com

"It is extremely easy to beat this type of ticket in court. Your easiest defense is to simply throw the ticket away. If it does not come with a return receipt that requires a signature, there is no proof that you actually got the ticket and they cannot prosecute you on that. What the legal system wants you to do is just send in the fine and not ask any questions. This can be a big money maker for some communities. One other form of defense to utilize on your behalf is the fact that when you are accused in court you must be faced by your accuser. Obviously the computer cannot appear in court as a defense method for the prosecution. Also, you do not have to identify yourself as the driver of the vehicle because it would violate your sixth amendment rights against self incrimination."
-Norman G. Fernandez, attorney at law, and Jes Beard, attorney at law in Chattanooga, Tennessee, JesBeard.com, "How to Beat a Speeding Ticket - Photo RADAR"

How to Beat a Speeding Ticket - Free Ebook download by attorney Norman G. Fernandez at BikerLawyer.net


Cliff Clark plays the blues guitar and flies combat aircraft in dogfight

"The results do not support the view that red light cameras reduce crashes. Instead, we find that RLCs are associated with higher levels of many types and severity categories of crashes. The model is estimating that, had an RLC not been placed at a particular intersection, we may have seen a 42% decrease in the accident rate at that intersection. The results do not support the conventional wisdom expressed in recent literature and popular press that red light cameras reduce accidents.... Our findings are more pessimistic, finding no change in angle accidents and large increases in rear-end crashes and many other types of crashes relative to other intersections. The fact that we find no benefit from decreasing severity of accidents suggests that there has been no demonstrable benefit from the RLC program in terms of safety. In many ways, the evidence points toward the installation of RLCs as a detriment to safety."
-North Carolina Urban Transit Institute, Burkey-Obeng Red Light Camera Study, July 1, 2004

Tennessee Attorney General Opinion 08-179 - QUESTIONS: 1. Does the issuance of citations for traffic violations based on photographic evidence from cameras violate any constitutional right of citizens of Tennessee, including the right to due process and equal protection and the right to privacy? 2. Do Tennessee=s statutes, rules, or regulations prohibit private vendors from making the determination, based upon photographic evidence, that a traffic violation has occurred? OPINIONS: 1. No. The issuance of a citation for traffic violations based on photographic evidence from a camera does not violate any constitutional right of the citizens of Tennessee. 2. Yes. Tennessee law specifically requires law enforcement personnel to review photographic evidence to determine whether a traffic violation has occurred. (NO MENTION THAT ALL CAMERA TICKETS CAN BE IGNORED FOR LACKING PERSONAL SERVICE OF PROCESS BY SIGNATURE per Rule 4 of Tennessee Rules of Civil Procedure)

"COMES now Plaintiff to hereby sue the above parties as a result of the unlawfully deprives or hinders her access to the courts, a civil right, on August 8, 2006, when she was sent a City of Knoxville, Tennessee, Red Light Photo Enforcement Program Notice of Violation/Citation, although innocent. That in committing the acts alleged herein, Defendants, acting in concert, committed the act of civil conspiracy, under state law and 42 U.S.C. § 1985, by agreeing to act together to harm the Plaintiff, and other members of the public, each acting for the purpose of promoting or facilitating the commission of harm against Plaintiff, agreeing that one or more will engage in these acts. Plaintiff seeks an award of $1,000,000.00 in compensatory damages. That punitive damages are appropriate in an amount to be calculated."
—David Hamilton, attorney at law, class action lawsuit to refund millions of dollars in robocop traffic tickets, JUDY WILLIAMS, plaintiff, vs REDFLEX TRAFFIC SYSTEMS INC., CITY OF KNOXVILLE, TENNESSEE, BILL HASLAM as MAYOR OF THE CITY OF KNOXVILLE, TENNESSEE, KNOXVILLE CITY COUNCIL, REDFLEX TRAFFIC SYSTEMS INC., d/b/a WWW.PHOTONOTICE.COM, MICHAEL L. SULLIVAN, and UNKNOWN, Defendants; Case No.: 3:06cv400; UNITED STATES DISTRICT COURT, FOR THE EASTERN DISTRICT OF TENNESSEE, AT KNOXVILLE, filed October 16, 2006 (lawsuit censored by Knoxville News Sentinel, WBIR TV and WATE TV "News") - Mirror Complaint -- Mirror Complaint -- Brief in Opposition to Redflex Motion to Dismiss -- Amended Complaint -- NOW ON APPEAL TO U.S. SIXTH CIRCUIT COURT OF APPEALS



See also:

CliffSpeaks.com - $500,000 Knoxville Redflex invoice paid to National Australia Bank per year

Cops refuse to pay robocop radar camera tickets - Among the thousands of drivers who have been issued $40 fines after being nabbed by Montgomery County’s new speed cameras are scores of county police officers. The difference is, many of the officers are refusing to pay. The officers are following the advice of their union, which says the citations are issued not to the driver but to the vehicle’s owner — in this case, the county. That view has rankled Police Chief J. Thomas Manger and County Council Member Phil Andrews (D-Gaithersburg-Rockville), who chairs the Public Safety Committee. “You can’t have one set of laws for police officers and another one for the rest of the world,” Andrews said. In recent weeks, officers have twice been photographed speeding past a camera and extending a middle finger, an act that police supervisors interpreted as a gesture of defiance. “There is no excuse for that kind of behavior,” said Andrews, who was briefed on the incidents. During the last eight months of 2007, the department’s cameras recorded 224 instances in which county police vehicles were nabbed traveling more than 10 mph over the speed limit, the department disclosed this week in response to an inquiry from The Washington Post. Of those citations, 76 were dismissed after supervisors determined that officers were responding to calls or had other valid reasons to exceed the speed limit. Nearly two-thirds of the remaining 148 fines have not been paid, including an unspecified number that remain under investigation, said Lt. Paul Starks, a police spokesman. He said the number of citations issued to police employees this year is not yet available.

Shooting ordinary video at a public swimming pool is now classified as kiddie porn - Judge Baumgartner, prosecutors and lazy jury convicted a Vietnam veteran for sexual assault, despite missing essential elements of assault, nudity and sex. All parents and journalists can now be arrested for kiddie porn. And the hungry jury got home in time for dinner.

Jury Handbook - All judges censor the power of jury nullification from juries in court, who are instead expected to do their trial homework at home. List of citations by US Supreme Court and Founding Fathers.

Download illegal Top Secret RIAA tape recordings from court - Harvard law professor helps pro se pro bono win cyberwar vs Sony BMG




Another judge in the Cliff Clark case in the news

"Once a revered Knox County Criminal Court judge, Richard Baumgartner on Tuesday shuffled into a federal courtroom in shackles, accused of covering up the drug-trafficking crimes of the mistress he met via a Drug Court program he helped found. Baumgartner, who sent thousands of people to prison in his nearly two-decade-long tenure as judge, was arrested Tuesday as he drove away from his East Knox County farm and hauled into U.S. District Court with shackles on his feet and a chain wrapped around his belly and connected to handcuffs."
-Jamie Satterfield, Knoxville News Sentinel, Former Judge Richard Baumgartner faces 7 federal counts of failing to report felonious activity, May 16, 2012

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Dragonater said...

As of May 2012, all charges were dismisseed and expunged against Mr Clark, after deputies testified they were wearing Metallica and ACDC t-shirts and never identified themselves as cops. Deputies testified they "ran screaming out of the house having flashbacks to Afghanistan" and that Mr Clark never actually pointed a gun at them. Once they identified themselves as police, he surrendered immediately. UTPD sought an arrest warrant based on purjured testimony, according to UTPD's star witnesses. UTPD has never before obtained an arrest warrant at a student's home for trespass on unidentified UT property by an enrolled student invited on "campus" (that covers half of downtown Knoxville, South Knoxville, West Knoxville and North Knoxville and portions of Knox County). The official "reason" Mr Clark was (allegedly and illegally) banned from campus was his website (a violation of the First Amendment), not for the unproven charge he allegedly shot a redlight camera (all charges dismissed with prejudice, costs paid by the government). Mr Clark was illegally denied a hearing in student court, for his Double Secret Probation. The redlight camera charges were dismissed after a Knox County deputy confessed to the crime of shooting a redlight camera, and KPD and Redflex destroyed all ballistic evidence and all audio evidence in this case (which would prove Mr Clark's high-powered 30-06 bullets were not the caliber recovered from inside the camera, since the 3 bullets found inside the camera housing were low powered and unable to exit the 1/8" aluminum case at 10 yards, while 30-06 bullets penetrate 5/8" steel plate at 100 yards). Mr Clark never confessed to shooting a redlight camera, police destroyed all alleged audio recordings of him allegedly confessing to shooting a redlight camera, and Mr Clark always pled Not Guilty, and his defense lawyer (former prosecutor) Ron Newcomb said Mr Clark was "innocent" (Mr Newcomb was re-employed as a prosecutor in Sevier County halfway through Mr Clark's trials and continued to represent him, winning Mr Clark's case). Mr Clark never got a redlight camera ticket, was never sued in city court for a redlight camera ticket, and never paid for a redlight camera "conviction" (actually it's impossible to be convicted of a redlight camera ticket since city court can only handle civil cases without jail sentence). During Mr Clark's trials, the Australian Redflex camera company was reportedly fired by City of Knoxville for suspected bribery and contract fraud, replaced by Lasercraft that exports most revenue to Communist China and England. Due to the stress of being falsely accused of a crime he did not commit, Mr clark suffered a massive stroke, 3 weeks after winning dismissal his case for not shooting a redlight camera. Medicare never pays insurance claims for any person disabled by any illness, until 2.5 years after the disability begins, so Mr Clark got no rehabilitation after his stroke, after his private insurance company cancelled his coverage as "pre-existing", and hospitals refuse to accept cash for services. After Mr Clark was completely incapacited by stroke, the State attorney general illegally continued to prosecute Mr Clark in violation of US Supreme Court order, in violation of agreed order for dismissal signed by the Knox AG and Knox County judge Mary Beth Leibowitz, while Mr Clark was unable to speak to his attorney to file an appeal, and a bogus TN Court of Appeals opinion illegally claims that incompetent defendants can be prosecuted forever, admittedly without ANY law and without ANY court order to cite for that frivolous claim by the AG. Mr Clark is a retired engineer and owner of a software design company who holds numerous patents and copyrights for his inventions. Mr Clark's former website, CliffSpeaks.com, is now registered, owned and operated by a pimp in a whorehouse in Australia, HQ of the Redflex redlight camera company.