Cork truck driver succeeds in avoiding mobile phone conviction

A truck driver who was pulled over by gardaí for allegedly holding a mobile phone while driving has avoided being convicted for the alleged offence in the district court. 

Gerard O’Callaghan, aged 29, of Innishmore Gardens, Ballincollig, Co Cork, represented himself at Macroom District Court.

Giving evidence, Garda Liam Galvin said he was on patrol on the N22 road at Lissarda, Co Cork, on November 4, 2024, when he observed a white Volvo 500 truck being driven by Gerard O’Callaghan. 

Garda Galvin said he observed Mr O’Callaghan holding a mobile phone in his right hand as he passed. Garda Galvin said he pulled over the truck and Mr O’Callaghan denied holding a phone. 

Garda Galvin said O’Callaghan said he was “holding something else”, paused, and began “rambling”, before picking up a control for an air regulator with a rubber lead attached to it. Garda Galvin said he did not see the phone when he stopped O’Callaghan and did not ask him for it.

Mr O’Callaghan told the court he was holding the air regulator control which can be used to adjust the suspension of the truck. He told the court he had gone over a severe bump and was using it to adjust the suspension. 

He added his phone was kept in a phone holder in the cab. Garda Galvin told the court he was 110% sure Mr O’Callaghan was holding a phone when he observed him.

Judge Joanne Carroll conceded the regulator control did look like a phone and said there was a reasonable doubt as to whether Mr O’Callaghan was holding a phone or not and she struck out the prosecution.

This article is funded by the Courts Reporting Scheme