MOTOR DEALER MADE TO PAY

Tampering with odometers has cost a Brisbane motor dealer $100,000 and a suspended jail sentence of 9 months.

The Brisbane District Court found John Douglas Hersant, 58 of McDowall, guilty of fraud under the Criminal Code.

Fair Trading Minister Margaret Keech said Mr Hersant operated a car rental business in Hendra trading as Roadway Rent A Car and a car dealership in Clontarf trading as Dolphin City Motors.

“Office of Fair Trading inspectors uncovered Mr Hersant’s fraudulent activity during a routine unannounced audit of the businesses in May 2005,” Mrs Keech said.

“In 2003, Mr Hersant sold the car rental business to new owners, a couple who moved to Queensland from South Africa.

“The new owners were unaware the odometers on a number of the vehicles had been tampered with before they bought the business.

“Searches by Fair Trading inspectors found 52 of the vehicles had odometer discrepancies.

“Mr Hersant had even wound back several of the vehicles odometers on more than one occasion.

“His only excuse when interviewed by Fair Trading inspectors was it made the vehicles more attractive to renters.

“Following the interview Mr Hersant surrendered his motor dealers licence.”

In finalising the order Judge O’Brien said Mr Hersant acted dishonestly and his actions compromised public safety.

“Winding back an odometer is not only illegal, it also puts lives at risk,” Mrs Keech said.

“Mr Hersant’s conduct will be referred to the Commercial and Consumer Tribunal for further disciplinary action. “

This is not the first time the Office of Fair Trading had prosecuted under the Criminal Code. In a recent prosecution, Garry Sidney Cunningham was charged with 64 counts of fraud and sentenced to 12 months' imprisonment for similar offences.

“Odometer tampering is a serious offence which can have disastrous outcomes. These convictions prove we will not tolerate it in Queensland,” said Mrs Keech.

Anyone who suspects they have bought a vehicle with its odometer wound back should seek an independent vehicle inspection and lodge a complaint with the Office of Fair Trading. Visit www.fairtrading.qld.gov.au or call 13 13 04.

Media contacts: Jo Gibbons 3225 1005 or Diane Nalatu 3119 0070