16-year-old Jaidyn Rice died at the scene after being hit by a car in Bangor earlier this year
A man accused of causing a teenager’s death by dangerous driving was allegedly using his mobile phone at the time of the accident, a court heard on Thursday.
The High Court in Belfast also heard that the DVA withdrew Jamie McCartney’s driving licence in 2018 “for medical reasons.”
North Down man McCartney, whose address is subject to a court-imposed reporting restriction, is on bail charged with causing the death of Jaidyn Rice by dangerous driving on 8 July this year.
The 30-year-old is also charged with death by driving as an uninsured driver and causing death as an unlicensed driver.
Jaidyn, who was just 16 years old, died at the scene after being hit by a car on the West Circular Road in Bangor at about 10:55pm on Tuesday, July 8.
McCartney was arrested and questioned at the time but was freed on police bail pending further enquiries.
When he was charged to court in July, police and the PPS tried to object him being freed on bail, but at that stage, District Judge Mark Hamill said given the original decision over police bail, “it’s pretty difficult for me to remand in custody.”
As part of the bail conditions, McCartney had been prohibited from being in any private motor vehicle but in the High Court today (Thurs), defence counsel Stuart Magee asked for that to be varied.
He told Mr Justice McLaughlin that rather than a full removal of that condition, the defence was seeking a “refinement” of the condition so that McCartney could be allowed to be in the back seat of his grandmother’s car.
Before Crown Counsel could fully open the alleged facts of the case, Mr Justice McLaughlin said he had read the outline of the case so that aspect was somewhat truncated.
The court did hear, however, that when Jaidyn was tragically killed, police suspect that McCartney was using his mobile phone, an accusation which he denies.
It also emerged during an exchange between the judge, the prosecutor and Detective Constable Smyth that at the time, McCartney was driving his mother’s car and that having been seized, the Hyundai vehicle remains in the possession of the police.
DC Smyth told the court that given McCartney’s previous behaviour, police were objecting to the bail variation because “the concern is that if there is an opportunity to drive a car, he will take that opportunity.”
Mr Magee told the court however, that rather than having ready access to a car parked outside his bail address, the variation relates solely to his grandmother’s car, a lady who lives several miles away.
He argued that for McCartney to have access to her vehicle, the lady has to drive to his house, so he does not have ready or immediate access to her car.
The barrister contended that if the variation was granted, that would facilitate McCartney looking for work and getting to appointments.
The court heard that due to other offences, McCartney is subject to an interim driving ban so if he was to be driving a car, that would amount to a further offence in any event.
Emphasising that Jaidyn’s death was “absolutely tragic,” Mr Justice McLaughlin told the court that “notwithstanding the severity of the charges,” he was persuaded to grant the variation to allow McCartney to be in the backseat of his grandmother’s car.
He ordered, however, that McCartney would only be allowed to be in the rear seat between 8am and 7pm and that his grandmother has to be in the vehicle with him.
Mr Justice McLaughlin warned that given the fact McCartney is already a banned driver, any breach “will result in a further criminal offence and in all likelihood, if he breaches he will find himself in custody and facing considerable difficulties getting bail again.”
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