BY OLIVIA KELLEHER
A MAN has avoided jail after he pleaded guilty to careless driving causing serious bodily harm to a woman in her nineties who requires a walking aid after she was knocked down while crossing a road in Bandon.
Cork Circuit Criminal Court heard that the ‘independent’ 91-year-old woman had been able to go for 20 minute unassisted daily walks prior to the accident in the summer of 2021.
John O’Sullivan of Gahanive, Castlefreke, Clonakilty was not under the influence of drink or drugs or driving over the speed limit when a momentary lapse of judgment led him to collide with the pensioner. The vehicle driven by the middle-aged man was also fully taxed, insured and in good working order.
Garda Robin Jose told Cork Circuit Criminal Court that Mr O’Sullivan was turning right at a junction in Allen Square in Bandon at 7.45pm on the 29th of July, 2021 when he hit the female pedestrian. She was conscious and responsive in the aftermath of the incident.
Mr O’Sullivan raised the alarm and paramedics rushed to the scene. Garda Jose said that the injured woman was taken to CUH where she was treated for fractures to both of her legs.
Garda Jose said that Mr O’Sullivan gave a ‘full and frank account’ of what had occurred. He told gardaí that he was turning right and didn’t notice the woman crossing the road. Garda Jose added that following surgical intervention and physio the woman was now back to being mobile.
Prosecuting barrister Seamus Roche SC, said that Mr McMcDonagh, who has no previous convictions, co-operated fully with gardaí. He stated that breathalyser and drugs tests carried out on McDonagh had come back negative and that there was no suggestion of speed being a factor in the case.
Mr Roche said that Mr O’Sullivan had admitted to gardaí that he simply hadn’t seen the woman. Mr Roche indicated that the woman had lived a very independent life and ‘no doubt had ongoing injuries.’
The court heard that McDonagh commutes to work in East Cork. His elderly mother and another family member rely on him for transport.
Defence barrister Neal Horgan BL, said that the view of his client could well have been partially obscured by another car on the day of the collision. However, he emphasised that Mr McDonagh ‘fully accepted’ his responsibility in causing the serious injuries to the pensioner.
Judge Helen Boyle paid tribute to the elderly woman whom she said had made ‘great strides’ in her rehabilitation. She said although the injured party required surgical intervention she was still very fit.
She said the ‘diligence’ of the pensioner in terms of rehabilitation had allowed her to return to mobility — albeit with the assistance of a walking aid. She added that the pensioner had been used to walking unassisted for 20 minutes a day and that it was a source of ‘great credit’ to her that she had even got back on her feet after the incident.
Judge Boyle took the guilty plea, the fact that the car was taxed and insured and the driver had raised the alarm and stayed at the scene in to consideration when sentencing. Judge Boyle also noted the lack of previous convictions in the case. She said she was cognisant that a ‘civil remedy’ had occurred.
She jailed Mr McDonagh for six months but suspended the sentence in its entirety. She said that she was conscious of the responsibility the defendant had to his mother and to a relative with special needs in terms of being their source of transport.
