Drove on phone
Using his mobile phone while driving cost Gerry Canavan (63) of Templelusk, Avoca, €500 by way of a fine.
The prosecuted driver said on the day of the offence that Garda Michael Burke had seen a Mars bar rather than a phone.
The garda also gave evidence at Gorey District Court that Canavan told him: ‘I’ll see you in court and make a f***ing eejit out of you.’
When the case was called before Judge John Cheatle, the defendant was sworn in to state that he had lived at the Templelusk address for 40 years.
He had never had problems with his post, he told the court, but his evidence was that he did not receive the postal fine initiated by the garda.
Garda Burke then pointed out that five previous fines issued to Canavan in the post were also not paid.
The record showed similar incidents in 2004 (speeding), 2006 (speeding), 2007 (speeding), 2007 (safety belt) and 2014 (mobile phone).
The judge concluded that the accused motorist had been using a phone as reported by Burke – and not a Mars bar.
The court was also convinced that the defendant, who described himself as retired, was not telling the truth when he denied receiving the fixed penalty notice.
After enquiring about the maximum penalty applicable, he imposed the conviction with the € 500 fine.