Appeal — Justices of the Peace in the District Court — retrial — interests of justice — using a mobile phone while driving — Criminal Procedure Act 2011, ss 232, 233 & 375. The defendant appealed a decision made by Justices of the Peace in the District Court that being a driver of a vehicle on a road he had used a mobile phone while driving. At the hearing a police officer with 14 years' experience as a road policing officer said he saw the defendant holding a large white cellphone to his ear while driving. It was the defendant's defence that he did not hold the phone at all. The defendant appealed the decision introducing new evidence from his phone provider that the phone had not used any data, sent or received SMS messages or made or received any phone calls. The judge stated that the Justices were entitled to reach the decision they did and had made no errors in process. The law is quite clear and simply holding a phone whilst driving has been held to be use of the phone. As the appellant was self-represented and did not have the benefit of legal representation, and now had new credible and significant evidence that might have led the presiding judicial officers to return a different verdict, it would be a miscarriage of justice to ignore the appeal. In the interests of justice the appeal was granted and the judge ordered a retrial before the Justices of the Peace. Judgment Date: 28 February 2018.