A Papuan man has had a drink driving charge thrown out of court because the prosecution failed to prove his overseas licence was not recognised in Australia when he was caught.
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The man was charged with drink driving as a special driver, which attracts a zero blood alcohol limit in the ACT.
He held a driver's licence from Papua New Guinea, his native country.
But authorities only recognise licences from certain countries as valid for use in Australia, which are listed on the website of a company called Austroads.
The man's lawyer Tim Sharman made an application before Magistrate Peter Dingwall on Wednesday to have the case thrown out of court.
Mr Sharman argued the prosecution, who had already closed its case against the man, failed to prove that licences from Papua New Guinea were not recognised at the time his client was caught drink driving on ACT roads.
Magistrate Peter Dingwall found in the man's favour and threw the case out.
Mr Dingwall did not allow the prosecution an adjournment to check through Austroads records to see whether Papua New Guinean licences were recognised at the time.
He said the prosecution had ample time to build its case against the man, and it would be unfair to further delay proceedings.
