Man given suspended sentence for dangerous driving causing death of cyclist – Meczyki Times

A truck driver has been given a nine-month suspended sentence for careless driving which caused the death of a cyclist in Dublin four years ago.

David Morrissey (29) of Glendale Meadow, Leixlip, Co Kildare, pleaded not guilty to driving without care and attention causing the death of 19-year-old Harry Boland at the junction of Greenfield Park and Stillorgan Road on April 18. , 2018.

He was convicted by a jury at Dublin Circuit Criminal Court last May after a five-day trial.

The trial heard that Mr Boland was in the northbound cycle lane at the junction of the N11 Stillorgan Road in front of Greenfield Park and RTÉ, the traffic lights were red.

Morrissey was driving a large DAF rigid truck, used to transport excavation equipment to and from building sites, and was stopped in the left-hand lane.

He was accompanied by Mr Boland and another cyclist, Jason McMahon, who was behind Mr Boland.

When the lights turned green, Morrissey turned left and Mr Bolan was hit by the truck and seriously injured.

Despite the quick arrival of off-duty first responders and paramedics, as well as HSE ambulance crews and an emergency consultant from nearby St Vincent’s Hospital, Mr Boland was pronounced dead at hospital a short time later.

The prosecution’s case was that Mr Bolan was visible from the vantage point of the lorry cab and that Morrissey should have been able to see him, with the help of a number of wide-angle mirrors fitted to the truck, including mirrors which were immediately in front. Sides cover the road. On the left hand side of the vehicle.

Morrissey said he had seen but not Mr Boland.

A garda forensic accident investigator said a blind spot from the truck driver’s perspective was too small and too small for Mr Boland and his bicycle.

Sentencing Morrissey on Tuesday, Judge Elma Sheehan said she was satisfied Morrisey’s inattention, in a manner that fell below that of a reasonably competent driver, meant he Gone are the days when it was not safe to do so.

“Had he been exercising reasonable care and attention, one would have expected he would have seen Harry Boland,” the judge said.

He said Morrissey’s driving had had devastating consequences and said the Bolan family had borne the “enormous loss” with “dignity and fortitude” as evident during the trial.

Judge Sheehan acknowledged that different witnesses gave different accounts of what they saw that day and that Morrissey said he had checked his glasses before moving the truck and no one could see him.

The judge acknowledged that there were no additional aggravating factors in the case because there was no evidence that Morrissey was under the influence of any intoxicants, he was not speeding, he was not on his cell phone and Neither was there any defect in his car.

Citing various cases, Judge Sheehan noted in a careless driving case, where there were no additional aggravating factors, a custodial sentence was not necessarily warranted.

He also noted that a disqualification order for someone like Morrissey, whose occupation required him to have a full driver’s license, was a significant penalty because it affected his ability to earn a living and support his family. What did

He took into account the fact that Morrissey had no previous convictions, that he showed genuine remorse and remorse “consistent with his actions at the scene” and co-operated with the garda investigation.

He imposed a nine-month sentence which he suspended in its entirety, noting that the maximum sentence in this case was two years.

It also disqualified him from driving for five years but the disqualification order will not take effect until October to allow Morrissey to support his partner, who is due to give birth next month. . In a statement to gardaí, Morrissey described driving his eight-wheeler truck between quarries and construction sites, including the Cairn Homes development, UCD and the Roadstone site.

He told gardaí he had driven north on the N11 and approached the traffic lights at the junction of Stillorgan Road and Greenfield Park. He said he checked his mirrors and moved into the left-hand lane so he might turn into Greenfield Park.

The lights turned red and he stopped. There was no vehicle on his left, his left indicators were on and his handbrake was on, the court heard. When the lights turned green, he turned left.

He said in his statement that there was a bump after completing the turn. He stopped and immediately jumped out and saw that Mr. Bolan was seriously injured. He said he knew the situation was bad and could feel his legs going.

Mr Bolan suffered a cardiac arrest while being treated at the scene by paramedics. He suffered a second heart attack at nearby St Vincent’s Hospital, where he was pronounced dead at 4.08pm.

Morrissey was subjected to a routine breathalyzer test and passed the test. Both his truck and bicycle were found to be undamaged.