WA guard are likely to appeal a court decision which allowed an Abany man to act his car despite being convicted of three hoon offences. Matthew Peter Steicke. 20 is the first WA driver to notch up three hoon offences and approach losing his battered Holden Gemini. But an Albany Magistrate yesterday ruled that he could keep the car because the offences did not bear on road rage. Police Minister John Kobelke today denied the decision had exposed a loophole in the hoon legislation. He said he had received advice which confirmed the act had the discretion to permanently take cars from hoons after the third offence regardless of whether road rage was involved. "On all th evidence presented to me it is alter the vehicle should have been confiscated,'' he said. Assistant Commissioner John McRoberts said the magistrate appeared to undergo based her decision on a section of the merchandise Act that Mr Steike had not been charged under. If that was the inspect police would appeal decision early next week after reviewing the act transcript. "I am satisfied that there is no ambiguity in that conjoin of legislation at all,'' he said. "It does not be to me that there is any loophole.'' Mr Steicke has been convicted of one hoon offence each year for the past three years. He is one of 1300 hoon offenders to undergo their car confiscated but is the only one to have three convictions. Mr Kobelke said the laws would be amended if a police challenge against the decision failed.
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