A 49-year-old van driver from Northern Ireland who drove through a crossroads without stopping and collided with a jeep which resulted in the death of its driver will be sentenced at Sligo Circuit Court on Thursday.
eff Richardson of 81 Blackisland Road, Annaghmore, Portadown, Co Armagh was driving home from work in Belmullet and was following a route on his Sat Nav when the accident occurred.
The Circuit Court was told the driver of the jeep, Seamus Kelly wasn’t wearing a seat belt and was ejected from his vehicle in the impact.
The defendant suffered a broken neck in the collision. He was brought to Sligo University Hospital where a sample was subsequently taken following a demand from Gardaí and it showed positive for cannabis.
Richardson had pleaded guilty to careless driving causing death on November 19, 2019, at Jinks Cross, Drumiskabole, Balliosdare, Co Sligo.
He also admitted a second charge of driving while under the influence of an intoxicant contrary to Section 4(1a) of the Road Traffic Act while there was present in his body a quantity of a drug namely cannabis (7.1 mg/ml).
Family members of the late Mr Kelly, who was in his 60s, of Cartron Village, Sligo and formerly Carricknagat, Ballintogher were present in court for the hearing last Thursday.
Mr Niall Storan BL with State Solicitor Ms Elisa McHugh, prosecuted.
Mr Kelly was a former member of nursing staff at St Columba’s Hospital, Sligo. He is survived by his wife Mary, son Trevor and daughter Amanda.
Sergeant Terry McMahon outlined the details of the accident. The defendant was on his way towards Manorhamilton but was not aware of the route.
Mr Kelly was travelling from Ballygawley towards Sligo and knew the route well.
Sergeant McMahon told the court that Niall Davey, a Garda who has since retired, was on a break at his home nearby around 6.30 pm and was in the living room when he heard two loud bangs.
When he went out, he could see that there was a collision at the junction. Two vehicles were both were badly damaged.
Mr Davey rang Sligo gardai and told Garda Jonathan Jacob that a serious accident had taken place.
Mr Davey called his son to get a torch and went to the scene and saw that one of two vehicles involoved, a Toyota Land Cruiser, was unoccupied.
The other, a Volkswagen Crafter Van had a Northern registration, and the Land Cruiser had a Dublin registration.
The driver’s door of the Land Cruiser was open, and the air bags were activated.
The witness saw a man getting out of the Volkswagen Crafter. He was disorientated, and Mr Davey asked him if he was alright.
He was confused and said he was following a route on his Sat Nav.
Sgt McMahon said that in the aftermath of the accident the deceased had been looked after by the fire personnel, neighbours who arrived on the scene and then by the ambulance crew.
He agreed with Judge Keenan Johnson that death did appear to have been instantaneous.
The deceased was removed by hearse to Sligo University Hospital where the next morning his body was identified to witness by Mrs Kelly.
Sergeant McMahon said the defendant was visibly upset and shocked. Garda Peter McDonnell took a sample from him later at the hospital which tested positive for cannabis.
On November 21, the defendant was arrested at the hospital and was subsequently interviewed. He said that on the advice of his solicitor he wouldn’t be answering questions in relation to the accident.
Witness said no fault was found on either vehicle following PSV inspections.
There was a tracker fitted on the defendant’s van by the company he was working for. It revealed that the driver did not stop at the junction.
Sgt McMahon said the crossroads was heavily sign posted with roads markings as well. The junction also had lighting. It was found the road layout was not a contributory factor to the accident, said Sgt McMahon.
The road was wet but it was not raining. The defendant had failed to see Slow and Stop markings on the road as well as signs.
The sergeant said Mr Kelly was not wearing a safety belt and he was ejected from his jeep. This contributed to the seriousness of the injuries he had received.
Victim Impact Statements were read to the court on behalf of the family.
Mrs Kelly said her late husband was very popular, obliging and easy to get on with.
He had a great interest in GAA and had a huge knowledge of local and family history. The shock of his death would remain with the family for a long time.
She spoke of the trauma of having to telephone her children to tell them of the death of their father.
“We are totally devastated,” she said.
She added that life had totally changed for the family.
The joy had gone and there was an emptiness there now. Her husband was a very important part of the family and they all missed him.
Daughter, Amanda Kelly said their family had been broken that night.
The trauma of losing her father was overwhelming and relentless. She described how her late father was a big Liverpool fan.
She no longer enjoyed Christmas like she used to.
“There is a dark sadness and a constant stress there since that night,” she said.
Mr Michael Bowman SC with Mr Keith O’Grady BL, instructed by Mr Frank Dorrian, solicitor put it to Sgt McMahon that there had been 14 significant accidents at that crossroads in the past four years.
Sgt McMahon agreed there had been several accidents there but could not confirm the number. He accepted that the defendant was very upset and stressed at the scene.
Sgt McMahon also agreed that the defendant was simply not aware of the junction as he came on to it, didn’t realise he had to stop there and hadn’t seen the jeep.
Sgt McMahon further agreed that on being told Mr Kelly was deceased at the scene, a witness observed the defendant put his head in his hands and was walking around in a circle.
Mr Bowman said the defendant’s Sat Nav had brought him to that point in his journey.
It was agreed that in the hospital, the defendant had said to Gardaí: “How am I going to live with this for the rest of my life.”
The defendant had travelled from a 100kph zone into an 80kph one and then 60kph up to the junction. However, there was no sign stating it was an 80kph zone.
Some 205 metres from the junction the defendant was travelling at 74kph and was doing 66kph when the collision occurred. These stats were taken from the van’s tracker.
Sgt McMahon accepted there was no indication the defendant was late or was rushing. He did not have any previous convictions.
Mr Bowman outlined that as a result of a motocross accident when he was 17, the defendant was taking medication for back and pelvic pain.
As a result of the Sligo accident, the defendant had not returned to work. He had fractured his neck in the crash and was undergoing treatment since.
Mr Bowman handed in to court a number of testimonials. A probation report from Northern Ireland was also before the court as well a medical report from a GP. The defendant had presented to his GP with PTSD and he was referred for treatment for this.
Mr Bowman pleaded that the defendant was driving home on a dark, cold night on a country road.
In a probation report, the defendant said he wished it was him who died and not Mr Kelly. The death of Mr Kelly was heartbreaking, said the defendant.
Mr Bowman said the defendant did not have any addiction issues and was assessed as low likelihood of re-offending.
The defendant was in chronic pain as a result of the accident due to neck and spinal injuries and had ongoing nightmares and sleep disturbance.
Mr Bowman said the defendant was not intoxicated at the scene.
Counsel agreed with the Judge that cannabis can remain in a person’s system a long time after it was first taken.
Mr Bowman pleaded that the accident location was known as a dangerous junction.
He said the defendant had approached the case in a responsible and appropriate manner. He did not have any penalty points.
“He was unfamiliar with a junction that seems to have been problematic to begin with,” he said.
Judge Johnson extended sympathy to the Kelly family on the death of Seamus who was the centre of their universe.
“It’s quite clear it was an unspeakable tragedy for them,” he said.
He said he wished to consider his judgement and out of respect for the Kelly family he would deliver a written verdict on Thursday next.
