Former DUP councillor Luke Poots was today handed a four month driving ban and fined £300 after a judge convicted him of driving a tractor while using a mobile phone.
Having heard that Poots had driven the New Holland tractor from his home in Lisburn to Craigavon Magistrates Court, District Judge Michael Ranaghan told the 35-year-old his driving disqualification would not start until midnight.
Before the hour long contest began the judge had warned if Poots had entered a guilty plea there would be a short disqualification but having convicted him, Judge Ranaghan emphasised the case had taken an hour, two police officers had been tied up at court for six hours and he was not due any credit or discount for pleading guilty.
“It is a matter of credibility,” said Judge Ranaghan adding that while he had heard evidence from two officers and the defendant, “it’s not a case of two versus one.”
He said however that “the officers were very clear and their hand motions were very indicative as to exactly what they saw.”
"I am satisfied that I can find that he did drive his tractor while on the mobile phone,” the judge concluded.
Const. Basson, the front seat passenger of the marked police car, was the first to give evidence and he testified that as their police vehicle was driving northbound on the A1, he spotted a New Holland tractor in the distance and could see the driver was on the phone.
As the car approached, he told the prosecutor the view became more clear and he had an instructed view of the driver, a view which was only made better as their vehicle pulled alongside the tractor.
“We were alongside and he was still on the phone talking,” said the officer, “he wasn’t aware of our presence. He had the mobile phone in his hand and he was talking openly, it wasn’t at his ear,” said the officer, adding that he saw Poots using the phone for up to a minute.
Having used their blue lights and sirens to pull the tractor over, Const. Basson said the defendant accepted he had been talking on the phone but maintained he was using a hands free kit.
The court heard that having spoken to Poots initially, he got back into the New Holland tractor and drove off but the police went after him and “literally within a short distance” pulled him over again and this time they turned on their body worn cameras.
Having been issued with a caution Poots declared: “I was driving down this carriageway from Banbridge to Hillsborough with my hands free kit which is still hanging on the door of the tractor which the officer saw me using with my hands free system. The officer had offered me no evidence of me being on the phone despite having cameras on.”
“Is this a joking matter? Are you making fun of this? There is nothing to suggest that I am on the phone. What is the point of using a hands free to get hassle?”
Under cross examination from defence counsel Conor Coulter, Const. Basson told the court that during the stop Poots was “being obstructive….and getting quite irate” and he refused to accept a fixed penalty notice so he had engaged his body worn camera.
“Because of his irrational behaviour he decided to jump in and drive off,” said the officer.
Mr Connor put to him that given the distances involved and the height difference between a tractor and a police vehicle he would not have had such a clear view but Const. Basson maintained that he could, highlighting that the tractor cab “it’s all glass, it’s all clear.”
The police driver Const. Thompson was the next witness and he gave similar evidence to his colleague, namely that from a distance the passenger pointed at the tractor and said the driver was on his phone.
He told Judge Ranaghan and demonstrated with his own hands that as they got closer, he could see the driver holding the phone in front of him “like using the loud speaker mode” and he was talking as his lips were moving.
Again Mr Connor suggested to the witness that he could not have had a clear view the Const. Thompson maintained he had, describing that as he drew level with the rear wheel he was "perhaps eight metres away and had a clear view of Poots in the cab."
Poots gave evidence on his own behalf and having declared that: "I'm a Christian,” he opted to take an oath on the bible.
He told the judge “I was on the phone with my father” when he saw the police behind him on the carriage way, claiming that DUP MLA Edwin Poots checked with him “are you on the hands free and I said of course.”
According to Poots the officers would not have been able to see if he was holding his hand in front of his chest as they demonstrated but in addition, he claimed that the hands free kit “is crystal clear” so why would he not have used it.
Poots further claimed it is so clear that as he was outside on the A1 speaking to the cops, “I should still hear my father” as Const. Basson “started trying to make excuses for me.”
“I said I wasn’t on the phone and I pointed to it,” he told Mr Connor and declared “I was having none of it. I asked him to take me to court so I apologise to everyone here today.”
Under cross examination from the prosecution, Poots suggested at one stage that the A1 “is a hotspot for farmers being targeted.”
“By whom,” the lawyer asked and Poots told him “by the PSNI.”
“Is it your case that they were targeting you,” the PPS lawyer continued but Poots told him: “No I’m not saying I was targeted.”
“I'm saying I was an easy touch. I was on the hands free and it’s easy to say that someone wasn’t,” he told the court.
While he disputed the PPS suggestion that the officers were correct in their observations, Judge Ranaghan said they had given credible evidence so he conducted Poots.
Having imposed the fine and four month driving ban along with a £15 offender levy, the judge granted bail for an appeal but did not give permission for Poots to drive pending that appeal.
He did however defer the ban until midnight so allow him to drive his New Holland tractor to his home at Gardners Road in Lisburn.
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