A dental nurse who broke a red light and knocked down a Leaving Cert student who was walking to school has been given a suspended sentence.
Ruth Kavanagh (29) had just dropped her child off to a nearby creche and was driving her usual route to work when she broke the red light at a pedestrian crossing and knocked down the secondary schoolgirl who was crossing the road.
The student was thrown backwards and her schoolbag was thrown 3.6m (12ft) in the air, Garda Paul Healy told Simon Donagh BL, prosecuting. She broke two bones in her foot.
Kavanagh, of Dalriada Park, Ballycullen, Dublin, kept driving and did not stop to give assistance, the court heard. She dropped her car into a garage two days later to repair a wing mirror, but when tracked down by gardaí and questioned about the collision, she said she didn’t hit anyone “unless it was a ghost”.
RM Block
Kavanagh, who is now five months pregnant, pleaded guilty at Dublin Circuit Criminal Court to one count of careless driving causing serious bodily harm at Firhouse Road, Dublin, on October 18th, 2022. She has no previous convictions.
The court heard the student missed two weeks of school as a result of her injury. She was a “driven academic student” and had to miss after school study for some period of time, which put her under more pressure for her mock exams, the court heard.
She also could not play hockey for most of the season that year. She was very upset by the incident and had to see a therapist, the court was told.
Kavanagh’s car was identified from CCTV footage taken from her child’s creche. When questioned by gardaí, she said she had no recollection of hitting anyone. She entered the guilty plea on the first day of her trial.
Defence counsel, Desmond Hayes BL, said Kavanagh has a 10-year-old child whom she raised “single-handedly” and is now pregnant with her second child. She is currently in a relationship. She has worked as a dental nurse for the last nine years, the court heard.
Kavanagh now accepts she caused the injury to the victim and is remorseful, defence counsel said.
A number of testimonials were handed into court on her behalf, describing her as kind, dependable and a person of good character.
Garda Healy told Judge Orla Crowe that it was bright that morning, that the incident occurred around 200m away from Kavanagh’s child’s creche and that the defendant took that route every morning.
Referring to the victim impact statement which was not read out in court, the judge noted that the victim in the case did not get the course she wanted.
She declined a submission by defence counsel that she deal with it under Section 100 of the Criminal Justice Act, in which the defendant would avoid a criminal conviction.
The court heard that Kavanagh now had €5,000 in court as a token of her remorse.
Judge Crowe imposed a 15-month sentence which she suspended in full on condition that Kavanagh keep the peace and be of good behaviour for two years.
