On this day in 1993, in a case of mistaken identity or seeing double, a Canberra man was acquitted of a driving charge as doubts were raised whether it was him or his twin brother driving the car.
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Nigel Patrick Sharrett was convicted of driving while disqualified. However, the ACT Supreme Court upheld Nigel's appeal and removed the conviction.
Sharrett's defence was predicated on him being mistaken for his twin brother, Mark Sharrett. He provided evidence and called on witness to support his alibi.
Questions were raised about the evidence of the principal police witness, Constable Francis Gill.
Constable Gill had given chase to a car that accelerated away from him and stated he recognised Nigel Sharrett and could distinguish him from his twin as he had seen Nigel Sharrett several times before and the brothers together twice.
However, Mark Sharrett called the police and informed them he was the one driving and he had a license so no offence had been committed.
Chief Justice Miles said, "The evidence of the defence witnesses ... was full of inconsistency and implausibility. The magistrate understandably rejected it, as ... entitled". He added that Constable Gill "may have been eager, even if only subconsciously so, to recognise the driver of the particular vehicle to be the appellant."
The police were ordered to pay costs.
