A 76-year-old man has been given a 12-month suspended sentence for causing a collision which resulted in the death of a cyclist two years ago.
Norman Davis, a commercial van driver from Gaulross, Borrisokane, Co Tipperary, pleaded guilty at Tullamore Circuit Criminal Court to careless driving causing the death of Joe Tuohy in a collision on the Roscrea-Shinrone road at Mountheaton, Co Offaly on October 7th, 2019.
Mr Tuohy was knocked off his bike when struck by a Toyota Hiace van driven by Davis at around 6.20pm. The father of six died as a result of extensive brain damage suffered in the crash at University Hospital Limerick two days later.
Davis was originally due to face a charge of dangerous driving causing death but it was substituted for the lesser charge when he was arraigned last March.
Blinded
Det Sgt Brian Jennings told the court that the defendant had told gardaí in interviews that he had been blinded by a low sun but believed he had allowed enough space to safely overtake the cyclist.
A report by forensic collision expert, Garda Tom Brennan, estimated that Davis was travelling at 42-55km/h at the time of impact. The court heard that it appeared Mr Tuohy was struck by a wing mirror and not the body of the vehicle.
In a victim impact statement, Sam Tuohy described his father as a loving and devoted family man with a great passion for sport. He said his father was enjoying life to the full by walking and cycling regularly after retiring.
He said the family was “heartbroken and angry” about what had happened on a straight stretch of road. “Our tears we can wipe away but the ache in our hearts will remain forever.”
Davis apologised to the Tuohy family, saying the collision “should never have happened”. He told the court he had not worked since the crash and had subsequently suffered a mild stroke.
The court heard that Davis had one previous conviction for careless driving which was imposed one month after the fatal crash.
‘Catastrophic consequences’
Judge Keenan Johnson said Mr Tuohy’s death had resulted from “a momentary lapse of judgement with catastrophic consequences”.
He said Mr Tuohy was completely blameless, despite suggestions in a Garda interview by Davis that he should have been wearing a high-viz jacket and had lights on his bicycle.
“It happened in daylight hours,” the judge remarked.
He acknowledged that Davis claimed he was blinded by the sun, which was supported by the evidence of another witness.
He sentenced Davis to one year in prison but suspended the entire term for a period of five years. He also disqualified him from driving for 10 years and ordered Davis to donate €3,000 to Ballyskeenach/Killavilla GAA Club within four months to fund a memorial trophy in Mr Tuohy’s name.