A Fianna Fail TD’s appeal against a District Court conviction of driving while holding a mobile telphone has been adjourned.
Wexford 's John Browne, with an address of Beechpark, Enniscorthy, Co Wexford, had an appeal before Wexford Circuit Criminal Court on Tuesday.
Browne appealed against a conviction imposed at Wexford District Court on January 5th, 2010, of being the driver of a car at Ferrycarrig, Wexford, on April 27th, 2009, while holding a mobile phone.
He was convicted of the offence and ordered to pay €400. He was also fined €200 for driving while not being the holder of a current driving licence.
When the case was called before Judge Raymond Fullam at last week's session, defence counsel Sinead Gleeson told the court that the defendant was unable to be present.
However, State solicitor Kevin O’Doherty said that the prosecuting garda, Caroline Elizabeth Coffey, who is on maternity leave, had attended court to prosecute the appeal.
Following further applications from Ms Glesson it was agreed that the matter be adjourned to yesterday.
When the case was called before Judge Barry Hickson yesterday, Ms Gleeson handed in a medical report stating that Mr Browne was attending hospital for a post-operative consultation.
When Judge Hickson asked for a date for a new hearing, Ms Gleeson said he would not be available this session, asking that the matter be put back to November. Judge Hickson agreed to the application to have the matter adjourned for hearing to November 19th next.