POLICE say an international visitor working as a farmhand in the Bathurst region told them he'd been too busy to get a NSW licence when he was stopped while driving on the Vale Road.
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When he appeared in Bathurst Local Court, it was pointed out to the man that this was his fourth time facing the same charge in less than two years.
Jason Lulu, 26, of White Rock Road, White Rock, was in the court on Wednesday, February 12, 2025 to plead guilty to never licensed person driving on the road (prior offence) and special category driver driving with a special range PCA (first offence).
Police documents before the court said Lulu, who has been a resident in Australia for the past three years, was driving a Ford Falcon north on Vale Road, South Bathurst when he was stopped by police for roadside testing and licence inquiries.
Asked to produce his licence, he initially said he did not have it on him, according to the police documents.
When asked if he had any form of ID on him, he produced a Vanuatu National ID Card with an expiry of March 17, 2023.
Roadside checks showed that he had never held a NSW driver's licence.
Lulu was cautioned and questioned and said he didn't have a NSW licence.
Asked if he realised it was an offence to drive in NSW without a NSW driver's licence, he nodded in the affirmative, according to the police documents.
When asked why he continued to drive without a licence, he said he thought he could use his Vanuatu licence.
"Having a look at your history, it looks like you've already been charged a few times for not ever having held a driver's licence, the last time being as recently as last year," police said, according to the police documents.
"So if you've been charged a few times, why do you think it's reasonable that you still don't understand you need a driver's licence?"
Lulu paused for some time before saying words to the effect that he thought he could drive, according to the police documents.
Police said they asked if he had made any attempt to obtain a NSW driver's licence since his last charge for unlicensed driving and he said "no, I've been busy".
Checks showed Lulu has never held a licence in any state or territory in Australia and is therefore deemed to be a never licensed person.
Further inquiries showed that he was convicted in Bathurst Local Court in April 2023 of never licensed person drive on road (first offence) and received a conviction, but with no further penalty.
He was then convicted in November 2023 of never licensed person drive on road (previous offence), receiving a $400 fine and a three-month disqualification, and convicted in June 2024 of never licensed person drive on road (previous offence), receiving a $450 fine and a three-month disqualification.
Asked if he had consumed any alcohol that night, Lulu replied "I've had one", according to the police documents.
He said he had finished his drink "30 minutes ago".
A roadside breath test estimated Lulu had an alcohol limit above his special range limit of 0.02.
He was arrested for the purpose of a secondary breath analysis and taken to Bathurst Police Station, where a secondary breath analysis test returned 0.028.
In court
Lulu appeared in person and unrepresented in Bathurst Local Court to plead guilty to both charges.
"He either needs to stop driving or get a licence," police prosecutor Sergeant Aaron Burgess said.
Magistrate Gemma Slack-Smith pointed out to Lulu that he had similar offences on his record for which he'd been convicted and fined, going through the dates of each one with him.
"You can't drive with a Vanuatu licence. I'm of the view that you are well aware of that," she said.
For the charge of never licensed person driving on the road, Ms Slack-Smith convicted Lulu, fined him $1000, disqualified him from driving for six months from February 12, 2025 and placed him on a nine-month Community Correction Order (used for crimes that do not warrant imprisonment or an Intensive Correction Order, but which are too serious to be dealt with by a fine or lower level penalty), with supervision through Bathurst Community Corrections.
For special category driver driving with a special range PCA, Ms Slack-Smith convicted Lulu and fined him $682.
"I suggest, Mr Lulu, you go and obtain your driving licence," she told him.
