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Magistrate throws out charge against Perth man for taking too long to cross road

Court Reporter Tessa AkermanThe Advertiser

A MAGISTRATE has ridiculed attempts to prosecute a man for crossing the street too slowly, asking whether he was "cha cha-ing" and if conga lines had been banned in Adelaide.

Police prosecutors today withdrew charges against James Claassen following robust criticism of their case by Adelaide Magistrate Sue O'Connor.

Mr Claassen, 33, of Perth, had been charged with one count of staying on the road longer than necessary to cross the road.

Police had alleged the offence occurred at the intersection of Pulteney and Wakefield streets, Adelaide, on March 21, 2012. The maximum penalty for the offence is a $42 fine.

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When the case came before her today, Ms O'Connor questioned why police were pursuing the charges.

"What is this heinous crime?" she said.

"Was he doing the cha cha? Cha cha cha-ing? One foot in, one foot out? Now that's an offence.

"No conga lines allowed in Adelaide?

"Geez, it's easy to get into trouble."

Ms O'Connor told Mr Claassen to go and have lunch at the market while prosecutors decided whether they would pursue the matter.

When court resumed, prosecutors announced they would withdraw the charges.

Ms O'Connor told Mr Claassen that he wasn't being targeted by the police and she was pleased that the matter had been sorted out.

"I'm very sorry that this has been such an ordeal for you," she said.

Outside court, Mr Claassen told adelaidenow it felt "pretty amazing" to have the case finalised after more than a year.

He said he had spent more than $470 in airfares alone travelling to Adelaide for court hearings.

"It's just the moral victory and a win for the little man," he said.

"I think most people have been in the situation where they get a fine and just pay it. It relates to a lot of people."