Sunday 25 August 2019

No prison time for death crash driver


AN ENNISCORTHY man who had been found guilty of careless driving causing the death of a Wexford County Council engineer was given a one-month suspended prison sentence when he came before Judge Alice Doyle at Wexford Circuit Court last week.

Anthony Armstrong, of 4E Lower Church Street, Enniscorthy, had been found guilty by a jury at a previous sitting of the court of careless driving at Ballypreacus, Bunclody, on July 25, 2008, causing the death of Edward Kirwan. Garda Evelyn Reddin told the court that the jury returned a verdict of careless driving on January 24 last.

She said that a plea of careless driving had been offered by the defence at the outset but was not accepted by the DPP.

Garda Reddin said the offence involved three vehicles at Ballypreacus: a white Volvo refuse truck, on which the deceased was carrying out inspections; a car behind the truck, and a

third vehicle being driven by the defendant.

She said that the Toyota Yaris behind the truck attempted to pull out, leaving the defendant to veer to the left of the lorry, going onto the grass margin, where the fatality occurred.

In his statement, the defendant said there was nothing he could do other than what he did on the occasion.

The court also heard that the defendant had a previous conviction for dangerous driving.

Defence Counsel Aidan Doyle said the defendant now lived in Scarawalsh, which is ' an isolated area'. He previously worked as a foreman on a building site close to where the accident took place but lost his job in 2009, adding, that the possibility of him reentering the labour market depended on him having a driving licence. He also needed his driving licence to visit his elderly mother who lived in Bunclody.

He has asked to express his regret and remorse for his unfortunate part in the accident.

Judge Doyle said that taking all the mitigating factors into account, she would impose a one month sentence, suspended, on the defendant being assessed for Community Service of 100 hours. She adjourned the matter to June 22 next for a Probation and Welfare report.

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