A lorry driver has vowed to continue his battle to clear his name after he was convicted last year of using a mobile phone while at the wheel.
Gerald Hearne, from Ystrad Mynach, was delivering soft drinks to London on Sunday, May 1, last year, when traffic police pulled him over, alleging to have seen him using a “silver metallic object” – believed to be a mobile phone – while driving on the M4.
Hearne was found guilty by magistrates and handed three penalty points on licence. He was also ordered to pay a fine of £144, costs of £620, and a victim surcharge of £30.
However, he appealed the ruling, and the case went back before Bristol Crown Court on Wednesday July 26.
The 61-year-old, who represented himself in court, refuted the allegation he was using his phone, instead insisting he was using a wooden coffee-stirring stick to scratch his ear.
Mr Hearne told the Bristol Post: “My earpiece warms my ear wax up and it gets tickly, and I use the stick to soothe it.
“I have an iPhone 4, black, and it is certainly not silver or white. I was not using my phone.”
Judge James Patrick rejected the appeal and Hearne was also told to pay additional costs of £200.
He is now considering taking his appeal to the divisional court.
Clearly Police will be able to obtain the mobile phone records from the service provider which will prove whether the mobile phone was being used at the time of the alleged offence