Lee Armstrong (27) of Edenamohill Road appeared at Enniskillen Magistrates Court last Monday where contested a single charge of using a mobile phone while driving. 

A police officer told the court he was driving with a colleague on the Kesh Road on July 2nd this year when he saw a driver driving towards them, coming from the opposite direction. 

As the tractor approached and passed, the officer said he could clearly see the driver holding a phone to his ear and his lips were moving. 

He said visibility was good and the time and he had an unobstructed view. 

When the officer stopped the driver, Armstrong, he denied he had been using a phone and refused to accept a fixed penalty fine. 

The officer said as he was leaving he heard Armstrong say “f**king d**khead” in his direction. 

In his evidence to the court Armstrong said he had not been using a phone, but was scratching his ear. Defence solicitor Gary Black handed photos into the court which he said showed a cut on the defendant’s ear at the time, as well as phone bill that showed Armstrong had made no outgoing calls at the time. 

The bill did not show whether any incoming calls were received or not. 

In conclusion, Mr Black said there was “not a doubt” that Armstrong had his hand to his left ear, and said while the police officer had been honest in his evidence, he had been mistaken. 

He told the court the charge must be proven beyond all reasonable doubt, and there was doubt in this case. 

District Judge Steven Keown said was “not for one moment” suggesting the police officer’s evidence was untruthful, but said the proof of no outgoing calls and the photograph of the ear cut raised some doubt. Judge Keown said he could not convict and acquitted Armstrong of the charge.