Mobile phone accused claimed he was picking a hair from his face

A DELIVERY driver who claimed he was picking an in-grown hair from his face has been acquitted of driving while using a hand-held mobile phone.

Gareth Attwood (66), of Old Rectory Glen, Cookstown, was driving over a hill on the Loughmallon Road, near Pomeroy, when the officer, who was a passenger in an oncoming police car, believed he was holding a phone to his ear and laughing.

At the scene, Mr Attwood was adamant he was not using the phone and, at Omagh Magistrates Court, was acquitted of the offence after a short contest.

The police officer told the court his car was pulled in to allow a yellow van to pass on the morning of August 16, and he saw the driver with his “left hand at his face laughing and chatting”. The police turned and stopped Attwood.

The accused showed a photograph to the court showing the set-up of a hands-free phone system in a ‘cradle’ in the middle of the van which he calmed “showed where the phone was at the time”.

However, district judge Peter Prenter stated, “It doesn’t show what he was doing at the time.

“It was taken when he went home.” Giving evidence, Mr Attwood said he was delivering parcels and saw police ahead on the dip of a hill.

He stated, “They seemed to be nearly parked on the left side. I came along picking an in-grown hair off my face and waved at the police. I passed them but then I saw them coming after me with blue lights on.

“A police officer asked to me, ‘Was that an important call? You were on your phone’ and I said, ‘I wasn’t on my phone’.”

Mr Attwood said he then told the officer he would show his phone log which would confirm he was not on a call at that time. He showed a mobile phone log to the court for that day.

He added that the police officer at the scene suggested the call would probably have been ‘cleared’ off his phone but he replied that he was “literally just stopped” and invited the officer to go to O2 and check it.

Mr Attwood also suggested to the court that he probably was driving along listening to Spotify and singing.

He added, “I was in shock. I sat for a few minutes afterwards and rang my supervisor which was the first call I made that day. It would have been a fine of £200 and six penalty points.”

After considering the evidence, the judge said, “There is a doubt. Okay, I dismiss the case.”