‘Reasonable doubt’ postman was on the phone while driving

AN Enniscorthy postman managed to escape a conviction at the District Court after Judge Gerard Haughton insisted that there was a ‘reasonable doubt’ as to whether he was actually holding a mobile phone while driving or not.

Sean Power (37) of 6 St John’s Villas, Enniscorthy, was charged with holding a phone while driving at Camolin on November 19 of last year, a charge which he strongly denied.

Garda Cathal Burke told the court that on the day in question, he was on a garda motorcycle as part of an operation aimed at catching drivers using their phones. He told the court that he saw the defendant drive by in a Volkswagen Crafter van with a phone in his right hand. He asserted that he was ‘approximately 10 yards’ from the defendant and could see clearly as the ‘motorbike was on level with the van’.

When he took to the stand, Mr Power told the court that he had his phone in a hands-free cradle on the dash, that a low battery notification had flashed up and it was this that Garda Burke had seen.

Mr Power said that he had dismissed the notification in the hands-free cradle, but completely denied having a phone in his hand.

He stated that, owing to his work, he needed to be extremely careful regarding penalty points as he had already seen a major increase in his insurance premium this year, without any penalty points.

On cross-examination, Sgt Victor Isdell asked Mr Power about the hands-free device and if it was possible that he was holding a different phone or perhaps a scanner for his work with An Post.

He replied that he was holding nothing, but there was a knuckle on the steering wheel that could possibly have been confused for a phone.

Upon hearing all the evidence, Judge Haughton said: ‘The question was put to the defendant if he had a scanner in his hand for postal deliveries instead. If it’s put to him as a possibility that he’s holding something else, then surely I must have a doubt as well.’

The Judge then dismissed the case.