Lorry driver asks for forgiveness
THE 44 year old lorry driver who killed a council worker in the fatal crash on the N4 near Castlebaldwin has asked the family of the deceased for forgiveness.
Vlastimil Zachar, reading from a hand written note which he had prepared just days before last Tuesday’s sentencing hearing at Sligo Circuit Court apologised for causing the death of Padraig Noone and seriously injuring others involved in the accident.
He said he thought about the crash every day and he understood that the lives of those affected would never be the same again.
“I am so very sorry,” said the Czech national, speaking through an interpreter.
He said no words of apology could change what had happened and he asked the Noone family for forgiveness.
He added that he would live with what happened to the end of his life.
Ms Eileen O’Leary SC with Mr Pat O’Sullivan BL instructed by Mr Morgan Coleman, solicitor, pleaded for leniency saying the defendant had no recollection or explanation for what had happened.
It was clear, she said, the defendant had suffered a loss of consciousness before the accident. There was no evidence of steering or braking and this was consistent with his having fallen asleep.
Ms O’Leary said Zachar had been diagnosed after the accident with having severe obstructive sleep apnea. He had been unware he had this condition but he had been responding well to treatment and was now attached to a machine each night when going to bed.
She pleaded that the defendant had been severely affected financially by the accident and hadn’t driven since it. He never intended to drive commercially again and he was looking at other options. He was a trained carpenter while he also did mechanics in the past.
Ms O’Leary stressed there was no alcohol or drugs involved and there was also no evidence that the lorry had been driven erratically prior to the accident. He had also co-operated from day one with the Gardaí.
Ms O’Leary said that while all of the victim impact reports read to the court were harrowing, not one of them expressed any ill will towards the defendant.
Earlier, the sentencing hearing was told a significant number of drivers had stopped to assist in the immediate aftermatch of the accident including a nurse, Linda Farren. Another driver, held the hand of Mr Noone so that he would not be alone in his dying moments.
Father of two, Mr Noone was pronounced dead at 1.18pm by Doctor Colm Loftus and he was brought to Sligo University Hospital where a post mortem was later carried out.
It was established, said Ms Orla Crowe SC (prosecuting) with Ms Dara Foynes BL, instructed by Ms Elisa McHugh State Solicitor that Mr Noone died from multiple traumatic lacerations to the liver which cause an abdominal haemorrhage.
Zachar, a divorcee, had been living in Ireland since 2007 and two years later began driving lorries having previously done the same job in his native Czech Republic since he got his licence at the age of 18.
On the morning of the crash he left his home in Newbridge at 8am arriving in Mullingar at 9am to off-load goods which took between 40 and 45 minutes. He stopped for a coffee in Mullingar before heading for Sligo, drinking for it as he drove., said Ms Crowe and he wasn’t feeling tired.
During a Garda interview on August 16 th he stated that it had been his third time to travel to Sligo that week.
He recalled seeing the digital sign warning of roadworks that morning but said he did not remember what happened. After passing the horse statue on the N4 he had no recollection.
He could not recall what he hit and did not know what caused the collision.
He stated that he thought the workmen were in his roadway but this clearly wasn’t the case, said Ms Crowe.
Asked by Gardaí if he had fallen asleep, Zachar said this would have been impossible after three hours work while he also had a good night’s sleep.
Prior to the impact he had been on a hands free call to a friend for 45 minutes.
Ms Crowe said the defendant was diagnosed as having severe obstructive sleep apnea in March 2016 and micro sleeps could be a symptom of this condition.