Two train drivers have been found guilty of using their phone to text and make phone calls while driving, as the Federal Court in Sydney heard.
The trial was heard in October this year that two drivers from Melbourne’s Eastern Suburbs were caught texting while travelling on a tram.
The jury found that two of them had used their phone while driving in Melbourne’s Western Suburres and Western Hills.
One of them, Paul Loyd, 56, had texted and made calls on his mobile phone while he was on the train from Melbourne to his home in New South Wales, the jury heard.
Another, Michael Kelly, had text messages on his phone while travelling in the Northern Subursts.
All three were found guilty after a three-week trial.
The judge said the evidence showed they were guilty of a serious offence, but said he was not satisfied with the punishment.
The Crown had called for a sentence of two years in jail and $100,000.
But Mr Justice Campbell said the jury would find that the court could be satisfied with a sentence as little as two years.
“I am satisfied you are guilty of the offences and I have to conclude that the sentence of imprisonment should be commuted to a period of one year,” he said.
“What I have done is, I have made the finding that you are not innocent of these offences, but you are convicted of them.”
The Crown, in effect, has said you have not been convicted.”‘
They have got a lot of things to do’The trial, which was told the train was delayed at Sydney’s Logan Airport, was told how a passenger’s phone had been found inside a seat in a wheelchair at the back of the train.
The passenger had been texting and calling to see how long the train would be delayed.
Mr Justice Campbell found the phone belonged to the woman who was on board.
He said the passenger, who was in her 60s, was wearing a medical scrubs, gloves and face cover when she was found.”
She was a passenger who was a bit nervous about what was going on,” Mr Justice Clark said.’
I thought I was going to die’Passengers were told the phone was taken from them after the train pulled out of Logan Airport on October 31.”
When they found out what happened, I thought I would be dead,” passenger Jodi McPherson told the court.
She said she had tried to call the driver and she had been told the driver had lost his phone.”
They had got a long distance call that they had made.
I thought they had lost their phone and they had to call back, but they didn’t,” Ms McPhersson said.
The train had arrived at Logan Airport at 8:42pm, and was due to leave the station at 9:30pm.”
It was a pretty dark, cold, foggy morning, and the train arrived at the airport just before 9:00pm and then stopped at Logan,” passenger James Smith said.
He was told by the train driver that he had a problem and the passenger was taken off the train before the train reached Logan Airport.”
All the passengers were in the car.
I was in the seat at the front and they were all in the rear of the car,” he told the jury.
Mr McPhetson said the train had stopped at the station, and he had been advised the train could not return.”
This is my worst nightmare.
I didn’t want to go back on the tram.
I did not want to be on the track, but the conductor didn’t know what to do with me,” he testified.’
A good way’Passenger Mark Davenport said he had tried not to talk about the incident to passengers, but was in tears at the end of the trial.”
You don’t have to say a word.
You don’t even have to look at me.
You just sit there and you’re just looking at the floor,” Mr Davenports said.
Passenger Anthony Wilson, from Newcastle, said he did not think the incident was a big deal.”
He’s a good man.
He’s a great guy.
You know, he’s just a normal guy,” he, from Perth, said.
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