Former DUP councillor Luke Poots who was recently banned from driving, faces at least another two weeks off the road after a judge refused to allow him to drive pending appeal.
Last Friday 35-year-old Poots was convicted of driving a New Holland tractor while using his mobile phone on the A1 carriageway in June 2022 while speaking to his father Edwin.
Poots drove the tractor to court and the judge who heard the hour long contest, while he imposed a four month driving ban, he deferred that until midnight to allow Poots the opportunity to get his tractor off the road and get back to his home at Gardners Road in Lisburn.
He intends to appeal both the conviction and the ban and on Tuesday at Craigavon County Court of appeal, defence counsel Conor Coulter asked for permission for Poots to drive pending that appeal.
Initially, that appeal was scheduled to be heard on 22 November but a prosecuting lawyer told Judge Donna McColgan KC that one of the two officers who gave evidence against Poots was not available.
Both are vital witnesses, Mr Coulter told the judge so the appeal will not be heard until sometime in the New Year.
He argued that Poots’ licence was “essential” to him both or his work and to take his step-daughter to school, submitting that he was “fairly confident” if the judge in the lower court though the appeal would not be heard until next year, “he would have granted permission to drive.”
On Friday District Judge Michael Ranaghan heard evidence from two police officers who saw Poots holding his mobile phone out in front of him as he drive along the A1.
“We were alongside and he was still on the phone talking,” a police officer told the court last week.
“He wasn’t aware of our presence. He had the mobile phone in his hand and he was talking openly, it wasn’t at his ear,” said the officer, adding that he saw Poots using the phone for up to a minute.
Having used their blue lights and sirens to pull the tractor over the defendant accepted he had been talking on the phone but maintained he was using a hands free kit.
The court heard that having spoken to Poots initially, he got back into the tractor and drove off but the police went after him and turned on their body worn cameras as Poots refused to accept the fixed penalty notice.
Poots gave evidence on his own behalf telling the judge he was on the phone, hands free, to his father when he saw the police behind him on the carriageway.
Poots further claimed it is so clear that as he was outside on the A1 speaking to police, “I could still hear my father” .
Convicting Poots however and imposing the four month driving ban and £300 fine, DJ Ranaghan ruled “the officers were very clear and their hand motions were very indicative as to exactly what they saw.”
In court on Tuesday Mr Coulter suggested the judge could allow Poots to drive until a review of the case on 22 November but Judge McColgan told him “I am not considering it now - I will think about it and consider it on the 22 November which is only two weeks away.”