Fined Limerick motorist claimed mobile phone was actually just an earpiece

A MAN who was convicted of holding a mobile phone despite claimed it was an earpiece.

Gerard O’Connell, 41, of Ballymurragh West, Templeglantine pleaded not guilty to the offence.

During a contested hearing at Kilmallock Court, Garda Patrick Aherne said he was on mobile patrol at Main Street, Bruff on September 5, 2018 when he encountered Mr O’Connell.

“The defendant was driving a Ford Transit van. He was driving against me. I was in an unmarked car. I could see him holding holding a phone. I was a metre and a half from him. He had the phone to his right ear. He looked at me and looked away. He dropped the phone. He saw my hi-vis vest,” said Garda Aherne.

In his evidence, Gardai Aherne said when he spoke to Mr O’Connell, he denied he had been using a phone.

“There were two other passengers. I did notice a phone on one of the passenger’s knees,” said Garda Aherne.

Kevin Power, solicitor for Mr O’Connell, said his client would give testify he was not holding a mobile phone and asked him to give evidence under oath.

Mr O’Connell told the court he had an earpiece and had his fingers up to it.

“I was working for an elderly lady in Bruff. I didn’t know where her house was. She was giving me directions. She was speaking low and I was trying to hear her. I had my fingers up to my ear. I wasn’t on the phone. It was an earpiece,” said Mr O’Connell.

Cross-examining the witness, Sergeant Michelle Leahy asked Mr O’Connell if he had said this to Garda Aherne when he was stopped.

“Yes,” replied Mr O’Connell.

Sgt Leahy said: “Garda Aherne says he didn’t.”

The sergeant asked why he didn’t ask the other passengers to come to court to give evidence during the hearing.

“This is my first time ever in court,” said Mr O’Connell.

Judge O’Leary said she accepted the garda’s evidence and formally convicted Mr O’Connell of the charge before the court.

She fined him €300.