A charge of using a cell phone while riding a bike was dropped against a Pembroke man because police failed to provide sufficient evidence.

Kenneth Dill Wade, 28, was stopped by police on Crow Lane on June 5 last year after officers noticed that he was wearing earphones.

But in Magistrates’ Court yesterday, Mr Wade explained that, although he had a cell phone in his pocket and was wearing earphones, they had not been plugged into the mobile device.

Mr Wade initially said he was willing to plead guilty to the charge but Senior Magistrate told him to delay entering a plea until the facts had been established.

Crown counsel Susan Mulligan told the Court that Mr Wade was seen pulling the earphone cord from something in his pocket just before he was pulled over, suggesting that the earphones had been attache to the phone but Mr Warner said that fact alone was not sufficient evidence to show that Mr Wade had been using the phone.

“We don’t deal in suspicions,” he said.

“Even if he [the police officer] saw you pulling the earphones or tugging on the earphones, he can’t say where the phone was.”

Ms Mulligan confirmed that the Crown would offer no evidence in the case.