Prosecutors contact ‘senior counsel’ in relation to charges following woman’s death in road accident
The case was sadjourned at Antrim Magistrates Court, sitting in Ballymena. Picture by: Arthur Allison/Pacemaker Press.
Shauna McDevitt (47) died after an incident which happened near Toomebridge on April 10 last year. Mark Ninian Atkinson (55), with an address listed as Dromore Lodge, Rockcorry, in County Monaghan, is currently charged with using a vehicle in a ‘dangerous condition’; failing to maintain the vehicle and faces charges relating to the vehicle exceeding permitted weight. He is also charged with driving a Scania lorry with a ‘tanker semi trailer’ without being the holder of a driving licence authorising him to drive a vehicle of that class in Northern Ireland.
There is also a defective light charge. Ivor Reilly (49), of Cappry, Ballybofey, County Donegal, currently faces charges including permitting the use of the vehicle in a ‘dangerous’ condition and permitting the use on a road of a vehicle of which ‘the nearside axle two tyre’ was ‘defective’. He is also charged with permitting a defective light; permitting ‘no driving licence’; permitting ‘excess weight’ and permitting ‘failing to maintain’.
A defence barrister previously told Antrim Magistrates Court, sitting in Ballymena, a Public Prosecution Service directing officer wished to “liaise with the family” of the deceased and also with the defence. The defence lawyer had said there had been a “tragic accident in which a wheel had come from a heavy goods vehicle across the carriageway” leading to a fatality. At the earlier court, District Judge Nigel Broderick had told the defendants: “It is clear this matter is more serious than it appears from the charges that you currently face.” He had adjourned the case to October 24 “to facilitate further consideration of the matter by the prosecution”.
At court on October 24, a prosecutor said the case file had been reviewed by a directing officer “who requires further time for a decision and has requested a further four weeks to confirm what the appropriate offences are”. The prosecutor had added: “The family have indicated that they are concerned that the charges have not yet been read to the defendants.” Story continues
Adjourning the case to November 21, Judge Broderick said when the charges were “settled” they could be read to the defendants. Now, at court on November 21, a prosecutor said the “file has gone to senior counsel for opinion”. Family members of the deceased logged in to the court proceedings remotely.
A defence lawyer said it was “clearly a very complicated case”.
District Judge Nigel Broderick said: “Obviously the prosecution are taking the matter seriously and carefully.”
He adjourned the case to January 9 but said if there were developments before then the case could be mentioned in court at an earlier date.