A defendant who had the ‘best excuse’ bar none to a claim he was driving while using his mobile phone had the case against him struck out at Gort District Court.

Daniel Fahy (30) with an address at Woodfield Annagh, Gort, told Judge Alec Gabbett that gardaí saw him holding a Mars Bar and not a phone on February 24 at Market Square in Gort.

Garda John O’Brien said on the date in question, at 2.12pm, he saw Mr Fahy holding his phone while driving his Volkswagen Golf through the town. A fixed charge penalty notice was issued but went unpaid.

Defending solicitor Olivia Lynch put it to Garda O’Brien that her client informed him, when pulled over, that while he was talking to someone on the phone, using the Bluetooth handsfree facility in his car, it was in fact a Mars Bar in his hand.

“He showed you the wrapper,” she said.

Garda O’Brien confirmed this but said: “I don’t think my eyesight is that bad.”

Judge Alec Gabbett commented that this was “the best excuse I’ve had so far”.

In sworn evidence, Mr Fahy said he was eating the chocolate bar when he drove past Garda O’Brien’s unmarked squad car.

“If I was in the wrong, I would pay the fine and take the [penalty] points and move on,” said the defendant.

Judge Gabbett contended that the garda was a “trained observer”. Ms Lynch said her client, whom she described as a “very genuine and hardworking young man”, had driven past Garda O’Brien and it was “possible the garda was mistaken”.

Judge Gabbett said he had a “slight doubt and I have to give you the benefit of it.”

He struck out the charge against Mr Fahy.

Pictured: Judge Alec Gabbett.