Man driving in bus lane to be sentenced for death of pedestrian

By Fiona Ferguson

A man whose careless driving in entering a bus lane before it was permitted led to a fatal collision with a pedestrian crossing the road will be sentenced later.

Carl Scully (34) was driving in the bus lane in order to take an upcoming turn when he struck Anthony Hanney (61) as he crossed the road towards his home with his groceries.

Dublin Circuit Criminal Court heard that Mr Hanney, who was killed instantaneously, was a much-loved father and grandfather.

He was described by his son as a good and kind-hearted man.

Scully of Glenhill Road, Finglas, pleaded guilty to careless driving causing the death of Mr Hanney at Finglas Road on December 12, 2018. He has 15 previous district court convictions from 2009 and 2013. He has two prior road traffic convictions for failing to display tax.

In a victim impact statement prepared on behalf of himself and his siblings, Mr Antony Hanney Junior told the court that the loss of their father had a brutal effect on the family, causing catastrophic life changes and leading to mental health issues for the siblings.

“A once very close family has been ripped apart by this tragedy,” said Mr Hanney Jr. He described the horror of having to identify his father’s body and said he has struggled to sleep with that image.

“It has changed me as a person for the rest of my life,” he told the court.

He described his much-missed father as a good, kind-hearted man who had overcome his own struggles in life and who made his family feel safe just by being in his company.

He said the family understood the circumstantial and accidental nature of the incident but hoped today was the start of some closure for the family. “There are no winners in court today,” he said.

He said the family has suffered financial difficulties arising from the costs of their father’s funeral.

Judge Pauline Codd extended her sympathies to the family. She adjourned the case for finalisation until June 12th next to allow reports to be prepared and for her to consider the case.

Garda Paul Doona told Edward Doocey BL, prosecuting, that Mr Hanney had been crossing the Finglas road at the Clearwater Shopping Centre at midday. He was not at a pedestrian crossing.

Witnesses described how Mr Hanney, who was carrying a plastic bag and making his way to Finglas Village, had crossed the first side of the road, made his way across the grass meridian and crossed the second lane of traffic when he was struck by Scully’s car which was in the bus lane.

Mr Hanney was hit by the passenger side of the car as Scully attempted to swerve to avoid him.

Gda Doona said a forensic collision report showed that Scully, who was intending to take an upcoming filter road to Glenhill estate, was travelling at between 53.3 and 63.8 kmph at the time at the point of impact. The speed limit in the area was 60 kmph.

The garda said that a speed analysis for cameras showed that 330 metres prior to the incident, Scully had been travelling at 132 kmph but the car had slowed before the incident occurred.

There were no marks consistent with emergency braking at the point of collision.

The investigation found Scully was not using his phone at the time and was not intoxicated.

Scully and others alerted the emergency services after the collision. He remained at the scene.

Mr Hanney died instantaneously of multiple catastrophic injuries. He was identified by his son.

Scully told gardai he had been driving the car.

He said a person had suddenly skipped out in front of him in the bus lane “from nowhere,” and he simply could not react in time. He said he was travelling at about 70 kmph.

He said he had just moved into the bus lane as he was taking an upcoming turn. He said it was difficult to get into the correct lane later due to the constant flow of traffic.

Mr Doocey said the carelessness arose from Scully travelling at speed he was in a bus lane.

Conor Devally SC, defending, said Scully had been intending to take an upcoming turn and had prematurely gone into the bus lane as experience had shown it was difficult to make the manoeuvre shortly afterwards where it is permitted by the road markings.

He said Scully had driven too fast prior to this event but had slowed before the collision and driven in the bus lane shortly in advance of where he was permitted.

He said this was not an excuse but in order to gauge culpability.

Counsel said Scully has suffered significant mental health issues, and sadly his relationship has broken down. He maintains strong connections with his family, some of whom wrote to the court.

Mr Devally said Scully is currently living between the homes of relatives and is employed. He has given up his driving licence.

He offers his profound sympathies to the Hanney family and appreciated a letter a member of the family wrote to him.