AFTER copping a speeding ticket last year, former highway patrolman Dave Gabriel thanked the police and said: "Bye piggies, oink, oink." Told to expect an additional fine for the remarks, he leant out of the window and called: "Well, here's a second go," and said, "Bye piggies," again.
Gabriel was taken away in a paddy wagon and charged with offensive behaviour, but he may have the last laugh.
Sutherland Local Court magistrate George Miller awarded him $1300 in legal costs after declaring that the remarks - made during a random breath testing stop on Grand Parade at Sutherland - did not constitute an offence. Though "childish", such language was not defined as offensive conduct by the law, Mr Miller said.
Gabriel was, however, penalised $150 for speeding approaching the breathalyser queue.
He says the ticket was a stitch-up linked to bad blood between himself and his former employer following his resignation nearly a decade ago.
In 2004, Gabriel was sentenced to nine months' periodic detention for conducting a "sustained vendetta" against one-time colleague Sergeant John Rayment.
At a one-day cricket international two years earlier, an alcohol-affected but not drunk Gabriel was arrested after a run-in with SCG security, cuffed and made to lie face down. Surveillance footage showed an officer treading on his head.
Sergeant Rayment used the film to prosecute Gabriel but 62 seconds were wiped from the tape, during which, Gabriel said, police assaulted him. An investigation agreed the video had been "tampered with" but made no adverse findings.
"This is what it was all about," Gabriel said of his latest trouble. "They were only conducting a random breath test until they looked at my licence."