Woman to be sentenced later for careless driving causing the death of a motorcyclist

By Isabel Hayes

The broken-hearted family of a Deliveroo motorcyclist killed in a road traffic accident has told a judge they do not bear any anger towards the woman driver who caused his death.

The sister of Jose Eduardo Silba Pereira told Dublin Circuit Criminal Court that their hearts bleed for him in the wake of his death, but that they do not wish any harm or pain on Kim Ng Swan, the driver in the incident.

Kim Ng Swan (59) of Ballycullen View, Ballycullen, Dublin, pleaded guilty to one count of careless driving causing the death of Mr Pereira (36) at Kimmage Road West on December 30, 2021.

She has no previous convictions.

The court heard that on the night in question, Swan was turning right and did not see Mr Pereira, who was travelling towards her in the opposite direction.

He collided with Ms Swan’s car, was thrown from his motorbike and died at the scene from his injuries.

Dashcam footage taken from Swan’s car of the incident, which occurred shortly after 9pm, was shown in court.

In the footage, Swan could be seen turning right in the path of Mr Pereira’s motorbike, which then crashed into the front of her car, causing her to scream.

Swan put her head in her hands as the moment of the collision was played in court.

The court heard she was extremely distressed in the wake of the accident and remained in her car in a state of shock until gardaí arrived.

She offered “unqualified cooperation” to the garda investigation, the court heard.

Detective Garda Peter Lyons told Garrett McCormack BL, prosecuting, that it was a rainy evening and conditions on the road were wet.

A forensic report found Mr Pereira was travelling at around 80 km/h in a 50km zone.

No “external factors” such as intoxication, distraction or being on a mobile phone were found in Swan’s case, the court heard.

The motorbike was visible on the dash cam footage for eight seconds prior to the collision.

Two witnesses to the crash told gardaí they did not see Swan indicate right before turning.

She told gardaí she always indicated before turning.

The court heard Mr Pereira was a Deliveroo driver, was originally from Portugal and had been living in Ireland since 2001.

His sister told the court that he was a young man with dreams and ambitions – their “pride and joy”. He was proud of his military service and also worked as a chef, she said.

Mr Pereira was a youngest son whose mother’s eyes would light up every time she saw him, the court heard.

“Christmas, New Year’s, birthdays – all of the magic is now gone and all joy as well,” his sister said.

“Neither me or my mom wish harm or pain on the person that led to my brother’s death,” she said.

“Justice should be done but it will never bring him back to us. I believe the knowledge of being responsible for someone’s death is painful enough for any human being.

“I can’t feel anger for the person who crossed paths with my brother and caused his death.”

Mr Pereira’s sister concluded her statement by saying: “Our hearts bleed but we will try to make him proud and try to find joy and happiness in his memory.”

Mr Pereira’s widow was not present in court and her victim impact statement was read out by counsel.

She said she misses him all the time and had to leave Ireland after the accident, as everything reminded her of him.

She said she found some sense of peace after visiting an Evangelical church. She told Swan: “I forgive you.”

Det Gda Lyons confirmed to David Staunton BL, defending, that Mr Pereira’s family hold no animosity to Swan.

Mr Staunton noted Mr Pereira’s speed at the time of the accident and said Swan’s car had slowed to 17km/h as she navigated the turn.

Det Gda Lyons agreed that had Mr Pereira being travelling at the speed limit, it is likely Swan might have completed the turn in time.

Mr Staunton said the root cause of the accident was Swan not seeing Mr Pereira’s motorbike.

“She is fully appreciative of the fact she is the sole cause of this accident.”

He noted that although the bike was visible on the dashcam for eight seconds, this did not equate to it being visible to the human eye for that length of time.

The court heard Swan is originally from Malaysia and moved to Ireland to do the Leaving Certificate in 1981.

She got a degree in marketing and studied childcare. She has been married 29 years, has three sons and has devoted herself to her family and community, the court heard. A number of testimonials were handed into court.

Mr Staunton said Swan has been profoundly affected by the incident and had a letter in court to give Mr Pereira’s family.

She has suffered PTSD and has not driven since the accident. “It’s a terrible burden for her that she has caused this death,” he said.

Judge Orla Crowe said she wished to offer her sincere condolences to Mr Pereira’s family and for the “good grace” they had shown on behalf of their son, husband and brother.

“It is an absolutely tragic case,” she said.

She adjourned the matter for finalisation tomorrow (December 1) and remanded Swan on continuing bail.

Outside court, Swan embraced the dead man’s family members.