Respected OzB council of sages,
I'll give you just the TL;DR version first. Further details added below.
Wife (not Australian native, far from perfect English) was fined for placing her feet on the seat.
She was barely touching, with the tip of a foot, the metal support in between the seats while reading. Request for review rejected, so asked for it to be heard in court.
Received the sworn statement from the AO who declares that she was placing both feet on top of the clothed and padded area of the seat.
We don't know how to deal with that, were not honestly expecting this and are curious to know if it will be just her word against this false statement.
Edit: Added, for completeness, a poorly drawn schematic (OzB forum style) that shows where the tip of the foot was touching the metal support.
Added info:
She was alone on the train. I received a call from the AO to confirm her identity. During the call the AO told me that she placed her feet on the seat and that he was reporting her.
He also said that, in case she should have received a fine, she should have been able to contest it saying that she's not a resident and was just visiting. What kind of excuse would be that and how would it justify an eventual person placing the feet on the seat?
The AO told her that she has been spotted on the CCTV, so that's why they reported her. In our request for review we clearly asked for them to review said CCTV footage to confirm that, indeed, she was not placing her feet on the seat.
Can I ask for the CCTV footage? This happened in early March, so I am afraid it might be too late.
Other than that I see no other proofs we can gather, other than her fully clean record sheet, perfect ticketing history etc. etc. She already provided a stat dec too, confirming that at most she was barely touching the metal support between the seats.
I don't know if we have any recourse against a false declaration from an Authorized Officer, but I'm deeply pissed off. Would love to have the guy found out and prosecuted for the false declaration, but I think it would be already a win if we can manage to avoid her the unjust fine.
Please let me know what's our best chance.
Also note that the specific wording on the fine is: "without reasonable excuse, placed feet on any part of the public transport vehicle other than the floor". So going exactly with this wording, yes, she's guilty. I know it might sound straightforward, but it's fairly different from the expectation of "not placing feet on seat" and the relevant signage and such a wording could possibly opens to LOADS of fines to unaware passengers.
Should somebody ask how can I trust her word if I wasn't there…well, we both deeply despise this behavior and we both are 100% respectful and happy to live in a civilized place, with laws and such to run the show mostly merrily for pretty much everybody. Should I be wrong, then I'm sleeping with Dr. Jekyll and Mr. Hyde.
Thanks for your help on this.
If my other half done this she'd be paying the fine in full and no foot massages for a month.