Motorist disputes garda’s evidence

A ‘YOU say black, I say white’ dispute arose during a court case in which a man was charged with holding a mobile phone while driving, at Wexford District Court on Tuesday.

Garda Mairead Cummins said Kenneth Tormey, of 1 Ashfield Drive, Coolcotts, was holding a black mobile phone while driving on the N11 at Garrycleary, Crossabeg, on March 12 last. This was disputed by Tormey who said he had a phone with a white Otter box cover.

Garda Cummins said Tormey was driving while holding a black mobile phone in his right hand.

‘I stopped the driver. He admitted answering a call. A fixed charge notice was issued and it has not been paid to date.’

Tormey said he owns an earpiece as he drives a lot with his job. ‘I was at the satnav. I was on the call to a colleague.’

Tormey said he never received the fine in the post, adding that he assumed Garda Cummins had given him the benefit of the doubt.

He said the garda was travelling at 100km/h in the opposite direction, questioning her evidence.

‘I was stationary,’ Garda Cummins said, referring to her notes which detailed a black mobile phone in Tormey’s hand.

‘I had an iPhone 8 with a white Otterbox case. There was a black satnav.’

Garda Cummins insisted: ‘I would absolutely have made a note if he had denied it.’

Judge John Cheatle said he wasn’t going to find on either side regarding the evidence, giving Tormey the benefit of the doubt regarding not receiving the fine.