A defendant who contested a motoring offence will return before Longford District Court in November to have matters concluded. Janis Bukss (32) of 1 Mostrim Oaks, Edgeworthstown was charged with holding a mobile phone while driving, driving without insurance and failing to present an NCT on May 9, 2021.
The witness for the prosecution, Sergeant Andy McGauran, outlined to the judge the details of one of the offences. Sgt McGauran said on Sunday, May 9 at 2:30pm he was on foot patrol on Longford Town.
As the sergeant approached Centenary Square he saw a Toyota jeep approach from the Ballymahon Street direction.
The officer noted that the driver was holding his phone, and proceeded to drop it when he saw the Garda. The vehicle drove on to Chapel Street. Sgt McGauran continued his patrol which brought him to the Tesco Car park.
The witness said he spoke to the driver who said he was not talking on the phone at the time. Under cross examination by the defendant's solicitor, Brid Mimnagh, Sgt McGauran said he saw the vehicle come around the corner from Ballymahon Street at the kiosk.
He confirmed he was on foot and stated he saw the defendant holding the phone as the jeep drove past him.
The defendant then took to the witness box to recount his recollections of the incident. Bukss said he had a friend in the car at the time. He maintained he was not holding the phone and said Sgt McGauran was mistaken.
He claimed the officer followed him on foot to the car park and waited while he was in Tesco for 20 minutes. The defendants friend also gave evidence saying Bukss was not on the phone at the time.
Having weighed the evidence presented to her Judge Bernadette Owens said she accepted the States evidence that the defendant was holding a mobile phone. The matter was adjourned to November 22 to allow the defendant present the paperwork showing he was insured at the time.
Subscribe or register today to discover more from DonegalLive.ie
Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.
Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.