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Suspended sentence and 4 year driving ban for Roscommon man found guilty of careless driving causing a death

Feb 26, 2021 13:14 By Shannonside News
Suspended sentence and 4 year driving ban for Roscommon man found guilty of careless driving causing a death
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A Roscommon man who killed his neighbour in a "freak" accident hopes one day her husband can forgive him for causing her death. 60-year-

A Roscommon man who killed his neighbour in a "freak" accident hopes one day her husband can forgive him for causing her death.

60-year-old John Francis Kelly, of Ballinagare, Castlerea, was handed a fully suspended one year jail term after pleading guilty to careless driving causing the death of Mary Oates in June 2019.

Roscommon Circuit Court heard that former carer Mary Oates and her husband were returning from a walk near Kilmarayl church when the fatal collision occurred at around 8pm on June 6th 2019.

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The couple were standing on a grassy verge on a country road when a jeep and trailer being driven by the accused came from behind them.

The accused was travelling by his own estimation at around 30 mph when he saw the couple, moved the vehicle to the right and braked. However, he lost control of the trailer and it jack-knifed, swinging to the left, and fatally injuring Mrs Oates.

A garda expert estimated that the minimum speed of the vehicle at the time of impact was between 32-39/km/h - but an exact speed could not be determined.

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The court also heard that the brakes on the trailer were defective and that the accused had been careless as to his use of speed on the day of the crash, as well as failing to maintain the trailer, which the court heard the fitter and welder had built himself.

In his victim impact statement, Mary Oates' husband Gerry explained that he and his wife had been married for 42 years and that she was a woman who always had kindness in her heart.

He said that on the day of the crash he lost his loving and caring wife as well as his own future and happiness and he has not slept properly since the incident and suffers from nightmares.

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Mr Kelly apologised in court - expressing his sorrow for the loss of his neighbour and reflected that every time he passes the scene of the crash, he is filled with sadness and sorrow.

He also hoped that one day Mr Oates might be able to forgive him.

The 60-year had no previous convictions and Judge Francis Comerford explained that there was no doubt Mr Kelly did not go out on the day with the intent to harm anyone

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However, he had shown a lack of due care and attention by driving too quickly for the country road as well as not being aware of defective brakes on the trailer

He imposed a one year jail term, fully suspended and disqualified him from driving for four years.

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