Tractor driver must live with memory of father’s death: judge

A JUDGE has said a Co Tyrone man “must live with the consequences and memories” of a traffic collision in which his father was killed.

Judge Stephen Fowler QC made the comment at Dungannon Crown Court as he sentenced Paul Alexander Brady (47) of Minterburn Road, Caledon, for driving while disqualified and without insurance.

He had admitted the offences and had already been cleared of involvement in causing his father Phelim’s death.

Mr Brady Snr had been standing on the draw-bar between a tractor and trailer driven by his son on June 25, 2014.

As they emerged from a junction onto the A4 dual carriageway in Dungannon, the tractor and trailer were “slammed” from behind by a lorry. Mr Brady Snr landed on the road and died instantly. He was 69.

The lorry was driven by William Mark Murphy (53) of Prospect Road, Castlewellan, who later stood trial for causing death by dangerous driving, but was convicted of the lesser charge of death by careless driving.

He was given a sentence of four months suspended for three years and disqualified from driving for three years.

Brady was also thrown from the tractor cabin during the collision and sustained serious injuries.

He would later be charged with causing his father’s death by dan-

The scene of the crash on the A4 outside Dungannon

gerous driving and stood trial along with Murphy.

Brady faced trial twice, as the prosecution argued that by driving his father while disqualified he was a contributing factor in the fatality.

Last week a jury unanimously cleared Brady of any responsibility. But the case was adjourned as sentencing still had to be passed on the admitted matters.

Urging the court to show leniency, Brady’s lawyer said: “This is not a case of the classic boy racer. Instead, Mr Brady drove at the behest of his father, which he now sorely regrets for many reasons.”

Judge Fowler highlighted the seriousness of driving while disqualified, but acknowledged the tragic nature of the case.

He said: “It is clear the defendant’s father prevailed upon him to drive and put a degree of pressure on him to take the cattle to market. Unfortunately, Mr Brady gave in and drove, with the tragic consequences. There was nothing at all in his driving which caused his father’s death.”

Imposing a sentence of one month’s custody suspended for 12 months, Judge Fowler concluded: “Mr Brady has to live with the terrible consequences and memories of that day.”

A driving disqualification of 12 months was also handed down.

❝ It is clear that the defendant’s father put a degree of pressure on him to take the cattle to market