Defendant claimed at Longford Circuit Court that he did not receive fine

Defendant claimed at Longford Circuit Court that he did not receive fine

A man who appeared before Longford Circuit Court recently appealing a conviction in the district court in relation to holding a mobile phone while driving succeeded in his bid to have the district court decision overturned. 

George Balan, 21 Moyglass Close, Lucan, Co Dublin appeared before Judge Keenan Johnson convicted of holding a mobile phone while driving at Main Street, Newtownforbes, Co Longford on August 8, 2016.  

At the time, Judge Seamus Hughes in the district court convicted the defendant and fined him €200 in respect of the matter before him. 

During last month’s circuit court sitting, State solicitor Mark Connellan told Judge Johnson that the defendant insisted he had never received the fixed penalty notice in respect of the matter, in the first instance.

He also stated that the defendant was adamant that if he had received the notice, he would have happily paid the fine. 

In his direct evidence to the court, Mr Balan  told the Judge that he did not receive the fine.  

“I would have paid it, no problem, if I had received it,” he continued. 

“I drive for Oxfam Ireland and points on my licence could endanger my job.” 

During his deliberations on the matter, Judge Johnson said that he was satisfied the State had not proved its case and the Judge subsequently allowed the appeal.