A truck driver who severed a pedestrian’s leg after he dragged the victim under his vehicle on O’Connell Bridge in Dublin has avoided prison with a suspended sentence.
Zahir Boudahane (50), Clonuske Green, Balbriggan, Dublin, pleaded guilty at Dublin Circuit Criminal Court to dangerous driving causing serious injury to William Burke on June 10th, 2022. He has no previous convictions.
The court heard that Boudahane was not used to driving in Dublin city centre and had been filling in for a colleague on the route. He was driving in the bus lane on Bachelor’s Walk before he broke a red light and took an illegal right-hand turn on to O’Connell Bridge.
Mr Burke was crossing the road at the time, having come from the Eden Quay direction, when Boudahane’s vehicle struck him.
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The then 32-year-old was dragged under the front of the vehicle with the front wheel driving over his left leg before his foot went under the rear wheel. Mr Burke later told gardaí he could see the bones in his left leg exposed and said there was blood everywhere.
Passing sentence on Wednesday, Judge Orla Crowe said Boudahane’s moral culpability was at the lower end of the scale in that he had not been intoxicated and had not broken any speed limits. She said Boudahane was a professional truck driver with an unblemished record who co-operated fully at the scene, made admissions and submitted an early plea.
Judge Crowe also noted that Boudahane has no previous convictions and that since the incident he has lost his livelihood as he has not driven due to stress and depression. She set a headline sentence of two years, but in light of personal and mitigating circumstances, she reduced this to a fully-suspended sentence of 18 months.
Boudahane was disqualified from driving for four years and ordered to keep the peace and be of good behaviour for two years.
At a previous hearing, Garda Cathal Keon agreed with a suggestion from David Perry BL, prosecuting, that Mr Burke’s leg had been effectively “degloved” when he was hit by the truck.
Mr Burke was later treated in the Mater Hospital for what was deemed as catastrophic injuries to his leg. He required urgent surgical treatment which ultimately resulted in a below the knee amputation.
There was no victim impact statement before the court as Mr Burke declined to make one. Garda Keon confirmed that Mr Burke now uses a wheelchair.
Garda Keon told Mr Perry that Boudahane’s dashcam footage showed that he was driving at 17km/h at the time of impact and subsequent breath tests showed that he had no drugs or alcohol in his system. He had a full Irish driving license and his tachograph showed that he had “no driver infringement” on the day in question.
Boudahane immediately stopped the truck and got out to check what had happened but he said people who were attending to Mr Burke were shouting at him so he got back into his cab. He said he was about to call the gardaí himself when he noticed a patrol car in his wing mirror.
Garda Keon confirmed that two days later, Boudahane made a voluntary statement at a Garda station. He said he had been delivering clothes and furniture to a shop in the city centre that day. He said he had not seen the sign that indicated he could not turn right onto O’Connell Bridge.
He said he didn’t see Mr Burke crossing in front of him as he had been checking his mirrors and suggested that the man had been in his blind spot.
Garda Keon agreed with Dominic McGinn SC, defending, that there was evidence from witnesses at the scene that Mr Burke smelled of alcohol. He further accepted that Boudahane has been on medication for stress since the incident and he no longer works as a truck driver.
Mr McGinn acknowledged that the most aggravating factor in the case was the injury caused to Mr Burke. He accepted that the fact that his client was driving in a bus lane, broke a red light and took an illegal turn meant that he had infringed traffic regulations that day but submitted that there was no evidence of excessive speed or of intoxication.
Mr McGinn said his client was a professional driver who was not familiar with the layout of this particular junction and that he was driving at an extraordinary low speed.
He said his client “behaved as one should at the scene” and that he attended voluntarily at the Garda station to give his account. He also asked the court to take into consideration the fact that he pleaded guilty and has no previous convictions.
Judge Crowe noted that Boudahane has suffered from depression and stress since the collision and is on medication. The court heard he is married with a six-year-old child and that his wife is reliant on him for her own medical condition which requires frequent hospitalisation.
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