PPS says it gave 'careful consideration' to case against man caught at 139mph on a motorbike after not charging him with dangerous driving
The PPS has set out some of its thinking on a case where a man was convicted of doing 139mph on a motorbike.
The man was charged with driving with excess speed; he was not charged with the more serious offence of dangerous driving.
The case came shortly after another man was convicted of dangerous driving after being caught doing 132mph on the same road.
The PPS replied that it had given “careful consideration” to what could be charged.
The story began last week when Larne man Andrew Robert Steele (30) was convicted of speeding and dangerous driving after going 132mph in a car on the A8, a new dual carriageway outside Larne. He was banned for a year.
Then on Monday this week, Mark McMahon (46) of Glebe Manor in Newtownabbey was convicted of speeding only – and not dangerous driving – after being caught 139mph on a motorbike on the A8. He was banned for three months.
McMahon had also been charged with failing to say who was driving the bike, but this was withdrawn following his guilty plea for speeding.
Questioned about why there had been no dangerous driving charge, a PPS spokesperson said: "After careful consideration of all the available evidence submitted, a decision to prosecute the individual for the offences of excess speed and failing to give information regarding a driver...
“As in this case, all prosecution decisions are taken by applying the legal test for prosecuti on.
"In applying the test, the public prosecutor will decide whether there is sufficient evidence to provide a reasonable prospect of conviction on each charge.
"Each case is considered individually in light of its facts and circumstances.
"It is for the PPS to determine the appropriate charge or charges presented to the court in line with the available evidence and all relevant points of law.
“All PPS decision making in this case was taken fully in line with the Code for Prosecutors.”