A motorist in his 80s who struck and fatally injured a pedestrian out walking on a country road near Athy, Co Kildare three years ago has been given a suspended 18-month jail sentence.
Robin Dickenson (80), of Ballyroe, Athy, pleaded guilty to a charge of careless driving causing the death of Christiane Phelan (58) on May 20th, 2020, before a sitting of Naas Circuit Criminal Court on Friday.
The court heard that a Fiat Panda car driven by the accused had hit Ms Phelan on a road between Athy and Castledermot at Nicholastown, Co Kildare shortly after 4pm.
The married mother of one from Bray, Athy, Co Kildare died subsequently from her injuries at Beaumont Hospital three days later.
Garda Dave McGrath told the court that there was no evidence of any emergency braking or that Dickenson had reacted to the pedestrian.
Driving into sun
Garda McGrath said Dickenson would have been driving directly into the sun but the vehicle’s sun visor on the driver’s side was not in use.
He said the vehicle driven by the defendant was found to be in good mechanical order upon examination.
Garda McGrath said that although Ms Phelan was walking on the same side of the road and in the same direction as the car driven by the accused contrary to general advice, he stressed she was “technically correct for her own safety” as she was approaching a tight right-hand bend.
He said Dickenson no longer drove a car since the fatal accident and was using an electric bike for transport.
Cross-examined by counsel for Dickenson, Roderick O’Hanlon SC, Garda McGrath agreed the incident had had a significant impact on the accused.
The court heard another motorist who was travelling behind the defendant, William Bennett, saw what he thought was a black bag of rubbish being thrown in the air before realising it was a person after seeing a pair of legs.
Going to doctor
Counsel for the Director of Public Prosecutions, Daniel Boland BL, said Dickenson stopped his vehicle and when informed by Mr Bennett that he had hit someone, had replied: “I know. I know. I’m on my way to a doctor’s appointment.”
Mr Boland said Dickenson had not seen the pedestrian, who was wearing dark clothes, and he had appeared in shock.
In a victim impact statement, the deceased’s husband, Kieran Phelan, said that with the call that informed him about the incident “life as I’d known it for 30-plus years was over.”
“The part of me that wasn’t me was gone,” he remarked.
Mr Phelan said he was left in a void of being alone after “a lifetime of togetherness.”
In an emotional speech, Mr Phelan said his two grandchildren would only ever know their granny as “a face in a picture.”
“I am coming home to an empty house. Nothing can change that,” he added.
He also pointed out that there was “no room for a rat to walk on the other side of that road.”
Terrible nightmare
In a separate statement, the couple’s daughter, Ruth Kelsa, said nothing could prepare her for being told that nothing could be done to save her mother.
“I’ve never fully recovered from that and am reeling ever since,” said Ms Kelsa.
She expressed hope that she could wake up and that it all would be a terrible nightmare “but it is our new reality.”
The court heard that the last time Ms Kelsa saw her mother was the day after her wedding when they hugged each other goodbye.
She said she bore no anger or recrimination towards the accused but just felt “sadness and pain that will never go away.”
Mr O’Hanlon told the court that his client, a retired widower with no immediate relatives, estimated he was driving at about 50km/h at the point of collision on a road with an 80km/h speed limit.
The barrister said Dickenson offered his condolences to Ms Phelan’s family and deeply regretted the accident.
Offering condolences to the victim’s relatives, Judge Mary O’Malley Costello, said no blame was attached to Ms Phelan in relation to the incident as she had moved to the other side of the road away from oncoming traffic to be safer and to allow herself to be seen by traffic.
Judge O’Malley Costello sentenced Dickenson to 18 months in prison but suspended it in full for a period of three years on condition that he does not drive during the term of suspension.
The judge acknowledged that her ruling might be difficult for the victim’s family “to understand in the circumstances.”
She also disqualified Dickenson from driving for a period of four years.
