A West Donegal man had charges against him dismissed after Gardai could not prove the postbox in which they left a summons belonged to him!
Anthony Boyle of Mulladuff, Kincasslagh appeared at Letterkenny District Court to answer the charges of using a mobile phone while driving.
However Mr Boyle, 48, claimed he never received the summons.
Gardai told the court that they went to serve the summons on Boyle on November 23rd last and had asked the local postman where Boyle lived.
He pointed to a house where he claimed he had left letters for Boyle before.
The Garda witness said he saw the offending car, a 1996 registered Toyota Corrolla, parked beside the house and letters with Anthony Boyle’s name in the postbox.
The alleged incident happened when Boyle was stopped by Garda Elaine Gordon in Letterkenny on June 20th, 2013 at Kiltoy, Letterkenny.
However the accused man’s solicitor said he was denying the receiving the summons and actually lived a few doors down.
Boyle gave evidence that he did park his car at the house because he had no parking at his own dwelling and had received permission to park at the house from the owner who lives in Scotland.
He also denied that any letters had ever been left at the postbox where he parked his car.
He said his post was delivered underneath his door at his house.
At one stage Garda Inspector Michael Harrison told Judge Paul Kelly that he had no option but to adjourn the case and ask for the postman to give evidence.
However, after considering the case Judge Kelly said the Garda had been very fair in the case and said the postman had only pointed in the direction of the house where Boyle was alleged to have lived.
He struck out the case against Boyle.
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