A FATHER whose young son was killed whilst out cycling has said that he will never get over the ‘violence of the impact’ of the collision.
BY OLIVIA KELLEHER
John Moynihan (62) of Parkanillane, Kilnamartrya, Macroom pleaded guilty to dangerous driving causing the death of Portuguese national André Castro Ladeiro (8) at Cork Road, in Carrigaline on August 12th 2023.
Judge Dermot Sheehan jailed Mr Moynihan for three years with the last year suspended.
He was also disqualified from driving for six years.
The father-of-four had faced a maximum sentence of ten years.
However, mitigating factors such as the entering of a guilty plea, the lack of previous convictions or speed, and the absence of of drink and drugs were taken into consideration.
At a hearing at Cork Circuit Criminal Court, César Ladeiro, André’s father, recalled the collision.
‘The bang and him disappearing. I saw it then and every day since. No braking lights on that Ford Ranger Wildtrak. André was just a leaf in the road for that driver.’
Before crossing the road, André had waited for the green man, his father said.
Mr Ladeiro said that his wife Filipa, who is a nurse, checked on André and then stepped back. Mr Ladeiro said that the couple’s younger son Tomas, who also witnessed the collision, was due to start in the same school as André a fortnight after the accident occurred.
André was transferred to Temple Street Hospital in Dublin where he died on August 16th 2023.
He stressed that while it was important to get justice, there was ‘little peace’ in seeing the driver behind bars.
In her victim impact statement Filipa said that her family now live ‘day by day, sometimes hour by hour’.
When André was born in December 2014, he filled their life with ‘wonderful feelings’, she said, adding that André had settled well in Ireland when the family moved here in 2019.
‘He made so many friends, he loved his school, he was always ready to take part in community activities or fundraising. He spread joy and kindness. He was so happy.’
She added that she had experienced ‘the world’s worst nightmare’ of lying down next to her son in hospital as he passed away.
Living this terrible trauma also is André’s brother, who witnessed everything at only five years old. ‘The impact on his life is unspeakable.’
Judge Dermot Sheehan offered his heartfelt condolences to the parents and younger brother of the deceased.
In sentencing, he said the Ford Ranger Wildtrak was ‘not really a car but a pick-up truck.’
‘People who drive these vehicles in urban areas where there are a lot of houses have an increased burden (of care).
‘It is not the same as driving a car,’ he said.
He added that that an aggravating factor was that Mr Moynihan broke the red light and the pedestrian crossing, having turned into the area from a roundabout.
Gda Dinah Birnbaum had said in evidence that André had a green light at the pedestrian crossing whilst Mr Moynihan in his Ford Ranger Wildtrak was subject to a red light but did not stop.
The pedestrian crossing is just 20 metres from a roundabout and the court was told that some locals in Carrigaline have expressed concern about how close they are to each other.
Mr Moynihan is without previous convictions and wasn’t speeding or under the influence of drink and drugs when the collision occurred.
He pleaded guilty at the earliest opportunity and was driving at an estimated 35-37kph in a 50kph speed limit.
Gda Birnbaum said that when Mr Moynihan was interviewed in relation to the offence he told gardaí that he wished he could roll back the clock in relation to what had occurred.
Barrister Jane Hyland, SC, said her client accepted his driving on the day was ‘dangerous’ and that he would continue to suffer to the end of his days for what he had done.
She said that her client was a father of four and a grandfather of two.
Ms Hyland said that Mr Moynihan, who owns a crane hire company, was fully aware of the gravity of his actions and was deeply sorry for what had occurred.
Testimonials given to the judge included one from a friend who said Mr Moynihan would ‘take the shirt off his back’ to help others.
But Judge Sheehan said the line of sight for the accused was more than adequate.
He noted that Mr Moynihan has suffered from post-traumatic stress following the incident and was known in his community for his kindness and charitable works.
At a mass for André in Carrigaline, his father recalled the early years with his son.
‘He showed us how to be a father and mother. He taught us how to live with our heart outside of our body and how to smile every single day and be grateful,’ he said.
