A man who said he was using his mobile phone for navigational purposes denied holding the device in his hand at Tullamore district court.
In his evidence to the court Garda Michael Clancy, said he was parked on the side of the road on May 14, 2021, on the R420 Meelaghans when he saw the defendant Liam Galavan, 22, Hillbank, Bellingsfield, Naas, Kildare driving with a mobile device in his hand.
He stopped the defendant who told him he was using the navigational system on the phone.
Solicitor for Mr Galavan, Aisling Maloney said he was a delivery driver and had the device on his leg.
Garda Clancy said if he wasn’t holding it he wouldn’t have stopped him. He demonstrated to Judge Staines how Mr Galavan was holding the mobile phone in front of him at chest level.
Taking the witness stand Mr Galavan said the device was on his leg as the holder was broken and he wasn’t holding it.
Judge Staines asked him if he did not have a sat nav adding that it was very dangerous for him to be looking up and down. Mr Galavan said he was very familiar with the area.
Judge Staines said she believed Garda Clancy and noted that Mr Galavan was using the phone as the holder was broken.
She fined him € 200 but fixed recognisances on his own bond of €100 if he wished to appeal the sentence.
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