Nwicker60
13-Jun-12, 07:52
Court accepts "credible and reliable" evidence from police
AN Orcadian has lost his fight to clear his name on a charge of using a mobile phone while driving.
Fisherman Magnus Norquoy was found guilty after a trial at Wick Justice of the Peace Court, yesterday. In what was an unusual course of action, in such cases, he decided to contest the allegation, having waived the opportunity to accept a fixed, on-the-spot penalty.
Norquoy (39) was pulled over by two police officers in an unmarked car in the Spittal area of Caithness on December 28, last year. They told the court that, as they drew level with the accused, during the overtaking procedure, they had a clear view of him holding a dark-coloured mobile phone to his ear and talking.
Norquoy, of Kilmore, Holm, denied this when he gave his version about what happened when he was heading south to Newcastle ,chatting to his girlfriend, Joanna Sinclair, after coming off the ferry. He maintained he had been leaning on the driver’s window of his 4 x 4 Toyoto, his fist against the side of his face , his customary posture when he was “diddlin’ down the road” as he put it.
Pleading not guilty, Norquoy told the court that he did have a phone but it was light coloured and had been left in his jacket in the back seat of his vehicle but the police didn’t check that. However, he didn’t really need the moble as his vehicle had its own phone system. In addition, he made the point that it was a night of wind and rain and the windows of his Toyoto were steamed up, so it would have been difficult for the officers to have had a clear view of him when they overtook.
After a half-hour recess to consider their verdict, the Justices of the Peace stated that they found the police evidence “credible and reliable” and, as indicated, found Norquoy guilty.
Sentence was deferred until July 10 for production of his driving licence. He admitted a number of previous convictions.
AN Orcadian has lost his fight to clear his name on a charge of using a mobile phone while driving.
Fisherman Magnus Norquoy was found guilty after a trial at Wick Justice of the Peace Court, yesterday. In what was an unusual course of action, in such cases, he decided to contest the allegation, having waived the opportunity to accept a fixed, on-the-spot penalty.
Norquoy (39) was pulled over by two police officers in an unmarked car in the Spittal area of Caithness on December 28, last year. They told the court that, as they drew level with the accused, during the overtaking procedure, they had a clear view of him holding a dark-coloured mobile phone to his ear and talking.
Norquoy, of Kilmore, Holm, denied this when he gave his version about what happened when he was heading south to Newcastle ,chatting to his girlfriend, Joanna Sinclair, after coming off the ferry. He maintained he had been leaning on the driver’s window of his 4 x 4 Toyoto, his fist against the side of his face , his customary posture when he was “diddlin’ down the road” as he put it.
Pleading not guilty, Norquoy told the court that he did have a phone but it was light coloured and had been left in his jacket in the back seat of his vehicle but the police didn’t check that. However, he didn’t really need the moble as his vehicle had its own phone system. In addition, he made the point that it was a night of wind and rain and the windows of his Toyoto were steamed up, so it would have been difficult for the officers to have had a clear view of him when they overtook.
After a half-hour recess to consider their verdict, the Justices of the Peace stated that they found the police evidence “credible and reliable” and, as indicated, found Norquoy guilty.
Sentence was deferred until July 10 for production of his driving licence. He admitted a number of previous convictions.