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It's worth pointing out that the witness didn't see the driver using her phone while driving. The witness saw the driver using her phone after getting out of the car after the crash.

The question of whether she was using her phone after the crash or not was raised to contend whether she had a blackout or not. The prosecution argued that she couldn't have been incapacitated if she had the wherewithal to use her phone after the collision.

She also denied being on her mobile phone after the crash, despite eyewitness evidence to the contrary.

“If the witness is right, it means you were conscious enough and alert enough to be using your phone straight after an episode of loss of consciousness and memory,” Mr Kearney said.