A SCHULL motorist who denied he was holding his mobile phone while driving through Rosscarbery has nevertheless been convicted of the offence.
Timothy Martin of Fox Farm House, Ardmanagh, Schull contested the charge of holding a mobile phone at Clonakilty District Court, maintaining that his mobile phone was in a cradle in his car when gardaí saw him pass by.
Gda John O’Donoghue of Bandon Garda Station told Judge Treasa Kelly that on May 19th last he was parked in Rosscarbery when he saw the accused drive past with a mobile phone up to his right ear.
He said a fixed charge notice for the offence was issued to Mr Martin, which wasn’t paid.
Gda O’Donoghue said he activated the siren and lights and then spoke to Mr Martin after he had pulled in up the road.
‘I wouldn’t have pulled him in unless I saw him holding his mobile phone. I was parked up from the Celtic Ross Hotel and saw his right hand up his ear,’ said Gda O’Donoghue.
Mr Martin told Judge Kelly that he was driving from Cork city to Schull that evening and got a phone call while driving through Clonakilty.
‘I have my phone in a cradle in the car and having passed Rosscarbery I saw the flashing lights and heard the siren. I couldn’t pull in immediately and when I spoke to Gda O’Donoghue I told him I was on a call. He said to tell the judge that and I later got a fixed charge notice,’ said Mr Martin.
‘I take phone calls all the time when I’m driving and I use buttons on the steering wheel to hang up. I chose not to pay the fixed charge notice as I felt so strongly about this.’
Sgt Tom Mulcahy put it to Mr Martin that Gda O’Donoghue had a clear vision of him when he passed him in Rosscarbery and he saw him holding a mobile phone up to his right ear.
However, Mr Martin maintained that he had the phone in the cradle which is left of his steering wheel.
Judge Kelly said she was satisfied that he had his mobile phone up to his ear and found the facts proven in this case.
The court also heard that he has one previous conviction for speeding.
Judge Kelly convicted and fined him €250 and gave him three months to pay the fine.
Recognisances in the event of an appeal were fixed in the defendant’s own bond of €250 with no cash required.
