A CASE involving a passenger in a car who was allegedly not wearing his seatbelt was struck out.

Sean Patrick Riordan (21), of Radharc Na Chroisigin, Model Village, Dripsey, pleaded not guilty to the offence at Macroom District Court.

Gda Daly told the court he had driven past the car the accused was travelling in at 6.38pm at Macroom Road and saw that he was sitting in the back seat without a seatbelt.

Gda Daly said he saw Mr Riordan in the middle of the back seat of the car, leaning forward to talk to the driver and the front passenger.

‘When he pulled us over he said he saw us passing at the filling station. We were going quite fast so he could not have seen the seatbelt,’ said Mr Riordan.

He added that his seatbelt was a shoulder belt, which he had on for the entire car journey and showed  it to Gda Daly when stopped.

Sgt Trish O’Sullivan said that if it was not a lap belt and Mr Riordan was leaning forward, the seatbelt would have been visible.

The accused brought written statements to court from the driver and front passenger in the car who were with him on that that day, which Judge Joanne Carroll said she could not accept as the two people were not in court in person.

She added that written statements were hearsay evidence.

The judge said she could not say without reasonable doubt whether Mr Riordan was wearing a seatbelt at the time and stuck out the charge.

Funded by the Courts Reporting Scheme.