A garage owner who killed a young Tullamore student when he drove through a red light at a pedestrian crossing in Athlone two years ago has been given a two and a half year suspended prison sentence.
John O’Shea (66) had pleaded guilty to a charge of dangerous driving causing the death of Jordan Murphy (19), a second-year business student at Athlone Institute of Technology, at Bonavalley, Athlone, Co Westmeath on September 11th, 2018.
At a sentencing hearing at Mullingar Circuit Criminal Court on Friday, Judge Keenan Johnson said the offence was the result of “a momentary, catastrophic lapse of judgement” which had fatal consequences.
Judge Johnson said he also accepted that O’Shea, who provided medical evidence that he suffered from anxiety and depression since the accident, was genuinely distressed, upset and remorseful over his actions.
The judge said the interests of justice would be served by suspending a sentence of two and a half years on a number of conditions including entering a bond of €500 to keep the peace for a period of 10 years and paying €10,000 within six months to a charity nominated by Mr Murphy’s family for their annual memorial fundraiser for Jordan Murphy.
He also disqualified O’Shea, of Ballyduff, Ballinahown, Athlone, from driving for 10 years and said it would cause the accused considerable inconvenience and distress as well as reducing the likelihood of him reoffending.
The judge said any sentence imposed by the court had to be fair and proportionate and also a fitting tribute to Mr Murphy’s memory.
“Regrettably no sentence imposed by this court will ever be able to undo the hurt and wrong” he added.
Judge Johnson said the accused’s guilty plea was “a complete and absolute vindication” of the innocence of Mr Murphy who had acted “with care and diligence” on the morning in question.
Recounting evidence in the case, the judge said the victim had been hit by a van driven by O’Shea which sent him “flying in the air”, throwing him 22 metres from the point of the collision in “a high velocity impact.”
Judge Johnson said the evidence of an eye-witness, Trawa Radoslaw, that O’Shea had driven through a red light was corroborated by CCTV footage.
When interviewed by gardaí, the judge said the accused was convinced he had a green light and Mr Murphy had no intention of crossing the road.
Judge Johnson said O’Shea was “completely wrong” on both counts and it was extraordinary that despite contradictory evidence he could not accept full responsibility for the accident.
The judge said the DPP was correct to refuse to accept an offer by the accused of a plea of guilty to the lesser charge of careless driving causing death.
He said a late guilty plea by O’Shea was a source of considerable distress to Mr Murphy’s family and had also added to the State’s costs.