Driver successfully appeals his mobile phone conviction

A DUNCANNON motorist was successful in his appeal against a conviction for holding a mobile phone while driving.

Damien Sutton, of Aldridge, Duncannon, New Ross, brought an appeal before Wexford Circuit Criminal Court against a conviction in the District Court and fine of €300 for holding a mobile phone while driving at Kyle, Crossabeg, on January 3, 2018.

Garda Brendan Hennessey told the court that he was on duty at Kyle Cross on January 3, 2018, when he observed the appellant driving while holding a mobile phone in his hand. Having stopped the vehicle he spoke with the appellant who denied been on the mobile phone but did admit holding it.

Defence Counsel, Mr. Liam Stafford, said the appellant will deny making such an admission, to which Garda Hennessey replied ‘that’s what he said’.

Garda Hennessey also told Mr. Stafford that the appellant was driving a lorry at the time, adding that he could see him holding the phone as he was observing from above road level.

Damien Sutton, in evidence, said as he approached Ferrycarrig he was stopped by the garda who asked for his driving licence. The Garda left the truck but on coming back said that he was holding a mobile phone while driving. He told the court that he subsequently got a penalty notice in the post, adding that it was not the case he was holding a mobile phone while driving. He said that he made no calls and did not receive any calls.

Mr Kevin O’Doherty, State Solicitor, put it to the appellant that he was holding a mobile phone while driving, not making calls, to which the Mr Suttony replied that he can receive calls without holding the phone. He also said he had nothing in his right hand at the time of the alleged offence.

Mr Stafford, Defence Counsel, said there was a conflict of evidence, adding that there was enough conflict to create a doubt. The appellant is not motivated by penalty points as he has none but rather it was the principle of the matter.

Judge John O’Connor said there was some doubt and he would give the appellant the benefit of the doubt, before allowing the appeal.

ABOVE: the Seaview Utd under-14 girls, winners of the Division 1 title, at their medal presentation at the King’s Bay Inn in Arthurstown. LEFT: Tom Elmes, Wexford Youths Ladies manager; joint captains Aideen Foley Saunders and Ava White Keating and Rianna Jarrett, Wexford Youths Ladies captain.