A 44-year-old man has been fined and given penalty points for using his mobile phone while driving after he was observed by police officers in Enniskillen.

On April 26, 2019, Brian Manley, with an address of Beechgrove Park, Ballinamallard was coming out of the Derrychara Road on to the A4 Dublin Road at around 7.40am when he was observed by officers on mobile patrol.

Officers observed the Kia, driven by Manley turn right at the junction and had a clear view of the defendant on a mobile phone travelling a short distance before pulling in to McDonald’s.

Officers spoke to the defendant and he accepted he was using a mobile phone. He was issued with a fixed penalty notice and ordered to produce his licence within seven days which he did but he did not have the counterpart.

On July 2, Manley was told he had until July 5 to produce his full licence however a check on August 8 showed there had been no production.

Tommy Owens, representing Manley, told the court his client had paid the fixed penalty notice but without the paper part of his licence it was not accepted. Mr, Owens said Manley had applied for a new licence but an answer to a question in relation to his medical situation had resulted in correspondence between Manley, his doctor and the DVLA and delayed the issuing of the licence. He added Manley had entered a guilty plea at the earliest opportunity and had no real relevant record.

District Judge Nigel Broderick told Manley using the phone was the aggravating feature and it was even worse when using it while carrying out a manoeuvre before issuing three penalty points and fining him £100.

For failing to produce his licence, Broderick issued a conditional discharge of 12 months on account of the difficulties encountered in getting a new licence.