Momentary lapse left lives of six people utterly changed
A MOMENTARY lapse of concentration by a professional driver led to catastrophic consequences that changed the lives of five victims in a three vehicle smash-up, plus that of the previously faultless driver himself.
That was the outcome of a few seconds of error outside Ballyhooly, where the driver of a mini-bus was familiar with the roads and there was no question of speeding or intoxication.
That’s what emerged as Thomas O’Sullivan from Hunter Park, Castletownroche, pleaded guilty at Cork Circuit Criminal Court to dangerous driving causing serious bodily harm to a man, three women and a boy at Leacht Cross, Ballyhooly on May 22, 2019.
Garda Fiona O’Keeffe told the court that O’Sullivan was driving a mini-bus and had a woman and teenage boy on board as passengers when he failed to stop at the crossroads and collided with the rear of a Toyota ahead of him being driven by a woman.
Garda O’Keeffe said that after O’Sullivan’s mini-bus crashed into the Toyota it went into the path of a Hyundai car, causing a head-on collision.
A 57 year old North Corkman has been given a two year suspended sentence and disqualified from driving for six years after he admitted that he caused a horrendous crash which led to five people being seriously injured.
Thomas O’Sullivan from Hunter Park, Castletownroche, pleaded guilty at Cork Circuit Criminal Court to dangerous driving causing serious bodily harm to a man, three women and a boy at Leacht Cross, Ballyhooly on May 22nd 2019.
Garda Fiona O’Keeffe told the court that O’Sullivan was driving a mini-bus on the morning in question and had a woman and teenage boy on board as passengers when he failed to stop at the crossroads as he should have done.
Instead, O’Sullivan collided with the rear of a Toyota ahead of him being driven by a woman who had correctly stopped at the junction and was waiting until the road was clear to make a turn to her right.
Garda O’Keeffe said that after O’Sullivan’s mini-bus crashed into the Toyota it went into the path of a Hyundai car, causing a head-on collision and seriously injuring the male driver and his wife, who was the front seat passenger.
One of the injured suffered a fractured arm while another suffered a punctured lung, fractured ribs and needed a full knee replacement while another suffered a punctured lung, fractured ribs and a fractured sternum.
Garda O’Keeffe said that O’Sullivan was breathalysed and was found not to have consumed any alcohol while gardai were able to establish that O’Sullivan was travelling at 70kph at the time which was within the speed limit for the area.
A garda PSV inspector also examined the mini-bus but could find no evidence of any mechanical defects and he believed the mini-bus was in a roadworthy condition in the run up to the collision.
O’Sullivan, who had held a PSV licence, allowing him to drive buses since 2008 and was regarded as a responsible employee by his employers, co-operated fully with gardai and gave them a statement in relation to the crash.
“He believes he must have lost concentration. He cannot account for how the accident happened. He is a man with no previous convictions. Up to that day he drove for a living,” said Garda O’Keeffe.
Defence barrister Sinead Behan BL pleaded for leniency, pointing out her client had no previous convictions and had never been in trouble before while he had also entered an early plea and spared the injured parties the trauma of a trial.
She said the crash was caused by a simple lapse of concentration rather than any aggravating factor such as alcohol or speed, before pointing out that O’Sullivan was also responsible for caring for his 68 year old brother.
“He is highly regarded by his employer as a responsible man. He is an upright and involved member of his community. This was a momentary lapse of concentration. It shows the necessity for motorists to be vigilant at all times.”
Judge Seán Ó Donnabháin noted that the accused was fully insured and he was told during the sentencing hearing that there were civil cases being taken by the injured parties, some of whom suffered catastrophic injuries.
“This is a somewhat extraordinary case. The accused, Thomas O’Sullivan, was an experienced driver going about his work. There is no explanation for this horrendous accident except that he lost concentration immediately before it,” said the judge.
“He failed to keep a lookout and brake to avoid a collision,” said Judge O Donnabhain, adding he had read the Victim Impact Statements of all five injured parties and they would have ongoing issues arising from their injuries.
He said that given the lack of any of the usual aggravating factors such as alcohol or speed or driving a defective vehicle, he was looking for a way not to impose a custodial sentence on O’Sullivan.
He said that he had to mark the seriousness of the offence and the best way of doing that without sending him to jail was to impose a significant disqualification, notwithstanding the difficulties it would cause him.
Judge O Donnabhain imposed a two year jail term which he fully suspended but he said he believed that the offence merited a disqualification from driving greater than the four year mandatory ban provided for in the legislation. He said he believed the appropriate disqualification was one of six years.
He said he accepted that such a lengthy disqualification, particularly for someone living in rural Ireland, and in this case a man who drove for a living, was particularly punitive and “akin to a prison sentence”.