A team of lawyers, led by eminent barrister Julian Burnside, QC, are about to descend on Melbourne's courts to help commuters facing fare-evasion charges.
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Mr Burnside and his team are offering free legal representation to commuters, in what looks to be another major test of the embattled myki ticketing system.
Up to 30 lawyers under the direction of Mr Burnside will offer pro-bono advice to anyone contesting a myki fine at magistrates courts in Melbourne, Sunshine and Broadmeadows on Thursday.
There are believed to be almost 60 cases involving the Department of Transport in the Melbourne Magistrates Court.
The cases will again test the mettle of the Department of Transport, which has claimed the $1.55 billion myki system can withstand legal scrutiny, but has avoided court challenges and withdrawn fines on most occasions.
Fairfax Media revealed last month that one of the few cases to proceed to a contested hearing was dismissed by Melbourne Magistrate Peter Mealy, who found that commuter Shane Arch had done everything reasonable to travel with a valid ticket.
Mr Mealy was critical of the myki system and scathing of the department's lack of trail evidence, in a decision that raised serious doubts about the "strict liability" defence relied upon by department prosecutors.
Fairfax Media understands that the legal flaws besetting myki have recently been discussed at high level meetings between lawyers and advisers to Public Transport Minister Jacinta Allan.
In July, the Transport Department refused to defend the embattled ticketing system in court after Mr Burnside took a personal interest in defending a commuter.
The department suddenly withdrew an allegation of fare evasion against Melbourne woman Lindy Muto when it learnt of Mr Burnside's involvement.
Mr Burnside, who would usually command more than $10,000 a day, took on the case pro bono, accusing the department of bullying innocent commuters into paying on-the-spot fines for allegations that could be defended in court.
Mr Burnside will be joined by Andy Schmulow, a senior research associate at Melbourne University's School of Law, who will also offer his services on a pro-bono basis.
Dr Schmulow has accused the department of "bluffing" public transport users. "They know there are such serious defects either in the legislation or in the technology and the myki system, that if it seems a passenger is willing to challenge the infringement, then the department might as well fold.
"Is this the reason why the department gave passengers the option to pay a $75 on-the-spot fine? Is this part of the bluff?"
