A passenger in the car of a man charged with holding a mobile phone claims the driver must have been scratching his ear.
Owen Hendrick was stopped by Gardai at Oldtown in Letterkenny at 6pm on November 28th last.
Gardai told Letterkenny District Court that they spotted Hendrick holding his right red phone to his ear from a vantage point.
However, when they pulled Hendrick in he denied using the phone or even having it in his hand but claimed it was in his pocket.
Judge Paul Kelly reminded the accused man of Meadowbank Park in Letterkenny that it was an offence to hold the phone while driving and not just using it.
Mr Hendrick denied the allegation and said he had a screenshot of his call log to prove he was not on the phone at that time.
The accused man, who represented himself, called his passenger Stephen McGrory to give evidence.
Mr McGrory said his friend was never on the phone and claimed “He must have been scratching his ear or something when the Gardai thought he was on his phone.”
Judge Kelly said there was some doubt about what actually happened and he was dismissing the charge.