Thurso driver cleared as charge he was using mobile phone ‘not proven’

A Thurso man has successfully contested a claim that he was using a hand-held mobile phone while driving.

Shaun Webster (26) was cleared of the charge, believed to have been the first time such an offence has been challenged at Wick Sheriff Court.

Patrolling police officers Abigail Taggart and Andrew Hardwick followed Webster on November 20, last year, believing him to be using his phone, and stopped him in Olrig Street, Thurso.

Constable Taggart told the court on Thursday that Webster, who pleaded not guilty, appeared to be holding a mobile phone and was making “a sweeping action” with his hand.

Constable Taggart said she noted that the phone was lying in the well of the vehicle and its screen appeared broken.

She reviewed CCTV footage in court and continued: “It seemed that Mr Webster was holding his hand up to his ear as if he was speaking on a phone.”

Cross-examined by defence solicitor, Fiona MacDonald, Constable Taggart said that Webster’s phone was ‘dark’ whereas her client maintained the colour was white.

Constable Hardwick, subsequently promoted to Detective Constable, said that he observed Webster holding a mobile phone in his right hand above the steering wheel, and went on: “When he saw the police vehicle he dropped his hand.”

The detective said that Webster told them that the phone had been working when he visited a burger van earlier in the day but it had subsequently “got broken”.

Giving evidence, Webster, of St Clair Avenue, Thurso, insisted he was not using the phone.

He said he was driving with “his elbow up on the driver’s door.” He said he was forced to drive in this unusual position due to an injury incurred during a fishing trip when he had damaged his ribs.

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Webster reiterated: “I was definitely not on the phone. it was broken.”

Crossed-examined by Fiscal Depute, Grant McLennan, Webster said that his phone had been working earlier when he went to a burger van but he went on to Scrabster where the phone got broken.

Summing up, Mr McLennan said that both police officers had referred to Webster using the phone. The depute made the point that there had been no medical evidence to support Webster’s claim that he had to adopt a specific driving position because of his rib injury at sea.

Mr McLennan continued: “Then we had a convoluted explanation about the phone having been functional at the burger van and not being useable later when he was stopped by the police. I think it is stretching credulity somewhat.”

Addressing Sheriff Neil Wilson, Mr McLennan added: “You will have seen the CCTV footage played in court and reached a suitable conclusion. Based on the available evidence, the Crown submits that the accused was driving while using a mobile phone on the day in question.”

Webster’s solicitor Fiona MacDonald invited the sheriff to acquit her client. She said there had been some confusion between the officers about the direction of the accused’s vehicle before it entered Olrig Street. Both officers said the phone was dark-coloured but Webster maintained it was white.

Miss MacDonald stressed that the phone had not been examined by the officers.

Finding the charge against Webster not proven, Sheriff Wilson told him: “I find it difficult to accept anything you told the court.”

However, the sheriff conceded that the evidence of the two police officers gave him “some concern”.

He continued: “Constable Taggart was confused and she seemed unsure about which direction the accused was coming from.”

There was no corroboration on that point although DC Hardwick’s evidence had been “credible and reliable”.

Sheriff Wilson concluded: “The only appropriate verdict is one of not proven.”