Man adamant he was scratching face and not using phone

A man with an address in Kingscourt but originally from Carrickmacross had his case for holding a mobile phone while driving dismissed.

William Malone (48), 28 Thordale, Kingscourt, Co Cavan was stopped on the 16 November 2013 at Losset, Carrickmacross by Gardaí while on his way to Kingscourt.

They stopped him and asked him did he know why he had been stopped and he said ‘no’.

The Garda said that it was because he was holding a mobile phone, which the defendant strenuously denied.

Mr Malone said that he was scratching a blister on his face and not holding a phone.

Malone even got out of the car and approached the patrol car to request the Garda check his phone to see if there were any incoming or outgoing calls.

The Garda did not check it.

Malone said he would not be paying a spot fine and would take the case to court if he had to.

He called his solicitor Mr Gerry Jones and also went to the Garda Station to make a statement.

He said he could understand why the Garda might have thought he was using a mobile phone but he was adamant that he had not.

The judge said there was reasonable doubt in the case and dismissed it.


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