Examiner’s ‘despicable’ action on driving tests

Examiner’s ‘despicable’ action on driving tests

19 November 2014

A PORTAFERRY driving examiner who received details of driving test candidates weeks in advance of their tests, has been sentenced to 240 hours of community service for misconduct in a public office.

William Gowan (38), of Ardminnan Road, was told by Judge Piers Grant at Downpatrick Crown Court on Friday that he was escaping jail by “the skin of his teeth” for what he described as “quite despicable behaviour.”

Gowan admitted six charges of misconduct relating to driving tests carried out between March 2010 and March 2012 when he was a DVA examiner based in Downpatrick.

However, the court was told that these were specimen charges and that Gowan had received the details of 21 driving test candidates during that time.

Gowan subsequently conducted the tests and all 21 candidates passed successfully. The court heard Gowan did not receive money for passing candidates.

Mrs. Laura Ievers, prosecuting, said Gowan was sent text details of the candidates by two mobile phones, which could not be traced back to the people who sent the messages.

The court was told Gowan had agreed to pass the candidates regardless of their driving competence.

Mrs. Ievers said that when police came to question him Gowan ran to the toilet with his mobile phone in his hand.

She said there was no evidence that the candidates did not deserve to pass, or that they were responsible for passing their details to Gowan.

However, she said it was clear that Gowan had received unauthorised information and that he did not take steps to inform the authorities or the police.

It was, she said, a “somewhat unusual case” and the first time a driving examiner had been prosecuted for this type of offence.

“The gravity of the offence is the abuse of his position in a public office,” she said. Mrs. Ievers added that Gowan did not have a previous criminal record.

Mr. Charles McCreanor QC, defending, said Gowan regretted what had happened and was “embarrassed and ashamed.”

He said Gowan would have received the information close to the examination, but he got it in advance from someone who also had access to the information and he did not pass that on to the authorities.

He said there were “no explicit threats” in the texts, but there were “sinister tones.” Mr. McCreanor described Gowan as a person of “hitherto good character” and said there was a low risk of him re-offending.

Sentencing Gowan to the maximum community service order of 240 hours, Judge Grant said it was a serious case which called into question confidence in the driving testing system.

He told Gowan: “You were in a position of trust and you had an obligation to test people clearly and independently. You abused that trust.

“I accept you did not gain money or benefit from passing people. If there had been an issue of financial gain, a substantial custodial sentence would be imposed.