A COUPLE argued that a phone taken from their baby when it rang was on speaker and in its mother’s hand, while its father had a discussion with his brother while he was driving, Tuam Court was told this week.
However, Traffic Corps Garda Mick Hehir was adamant that as he rode alongside the driver’s side of the car he clearly saw Michael Waldron of Abbey Quarter, Ballyhaunis, Co Mayo. holding the phone.
He told Judge James Faughnan at Tuam District Court that he was riding an unmarked Garda motorcycle at Milltown Road, Tuam on January 31st last when he witnessed the offence. He pulled the car over and told Waldron that he could expect a fixed-charge fine of €120 and three penalty points on his licence.
Garda Hehir said Waldron became abusive towards him, refusing to believe he was actually a Garda until he showed his ID. Then he demanded to see video evidence of the offence and finally told the Garda that he wasn’t paying and would see him in court.
Waldron, in evidence, said he’d given his phone to the child in the back seat to watch a video. When his brother rang, his wife took the phone from the child and put it on speaker and held it so he could speak to the caller, his brother.
He added that Garda Hehir’s bike appeared alongside his window and there was nothing to indicate it was a Garda vehicle. Waldron said he was careful when driving as he was planning to join the Fire Brigade and wanted a clean licence. He denied under cross-examination that he was abusive towards Garda Hehir and also denied ever demanding video evidence from him.
Aisling Waldron corroborated her husband’s evidence and insisted she was holding the phone while he spoke on it. She added that she was shocked to see the motorbike alongside their car.
Judge Faughnan said that Garda Hehir was a trained observer but he would allow an adjournment so the defendant could obtain data from his phone provider as to what exactly was happening on the device at 10.13 pm on the night in question.
