An uninsured man whose “inability to drive a car properly” on his way to a football match led to the death of a woman in a wheelchair on Mothers’ Day last year was given a three month jail sentence in the District Court last Tuesday (October 14 ).
Enid Gilbert was being taken out for a pre-lunch stroll by her daughter June Robbins on Sunday, March 18, 2007 on the road between Ballycumber and Clara when they were both hit by the car of William Byrne (24 ), an unemployed plasterer from Bolart, Clara, Co Offaly.
Ms Robbins was seriously injured in the impact which killed her mother.
Garda Olive Dreelan of Clara Garda Station who was first to attend the scene gave her evidence to the court last Tuesday.
She explained how she had arrived at the scene at a four road junction in Ballycumber on the date in question to find the defendant’s red Corolla “facing round towards Moate”,
“In front of the car were two people, a mother and daughter out for a walk,” said Garda Dreelan.
“The wheelchair was embedded in the front of the car”.
Garda Dreelan told the court that the speed limit at the location was 50kph and that it was estimated by investigators that the defendant was doing 68.8kph (43mph ).
The court was told that Ms Robbins had only recently finished her course of physiotherapy as a result of her injuries and a victim impact statement from her family was handed to the judge.
In cross-examination Garda Dreelan agreed with Byrne’s solicitor, Dermot Scanlon, that “At all stages Mr Byrne intended to plead guilty” and that “Mr Byrne has shown genuine remorse”.
She also confirmed the defendant was no longer driving nor had he come to Garda attention since.
“Mr Byrne offers his condolences [to the Robbins family] and fully acknowledges the hurt they’re suffering,” said Mr Scanlon.
“He readily admits his guilt and was going slightly too fast.
“The accident occurred with horrific consequences”.
Judge David Anderson asked Garda Dreelan how the road was on the day in question.
“It has a slight left hand bend - he would have had a good view,” said Garda Dreelan before handing in a collection of photographs of the scene to the judge.
“Looking at these [photos] it’s clear he had a considerable view of the crossroads,” said Judge Anderson to Mr Scanlon.
“Do you have any explanation why he couldn’t get his car stopped?”
“He admits he was going a little too fast when the deceased and her daughter came out of a side road and he didn’t see them at the last moment,” said Mr Scanlon.
“The last moment seems to be the best part of 100 yards,” said the judge.
“Everyone in the country knows things come out of side roads. It seems there’s almost a constitutional right for people to drive badly.”
Inspector Paul Cuttle told the court how the Robbins family wished to accept Byrne’s apology.
“That’s very noble of the family after such an appalling acccident,” said the judge. “Looking at the photos it’s clear to me that Mr Byrne collided with the two unfortunate people due to his inability to drive his car properly. Unfortunately the same standards do not apply between aeroplanes and cars.
“Mr Byrne is clearly incapable of handling a car...and was reckless to drive around without insurance which means every other driver in this room will have to pay. The apology was accepted which will allow some finality to the extended family of the most unfortunate deceased but I can find no mitigation as to the nature of Mr Byrne’s behaviour and so will impose a custodial sentence.”
He sentenced Byrne to three months in jail on the careless driving charge, fined him €1,000, and disqualified him from driving for five years.
On the driving without insurance charge he fined Byrne an additional €750 and disqualified him for another two years.
Byrne’s father stood surety of €2,000 for an appeal against sentence and Byrne was thus bailed to appear in the appeal court at a date yet to be fixed.
