Man who had driving licence taken off him to have licence restored

By Jessica Magee

A man who was disqualified from driving for six years after his scrambler struck a pedestrian is to have his driving licence restored early, a court has heard.

Shane Ward (27) served 18 months of a two-year sentence after he drove a motorbike down a footpath and struck a foreign student at Drimnagh Luas stop in Dublin four and a half years ago.

The injured party, Thais Pellegrino (28), suffered a bleed on the brain, multiple facial fractures and a broken arm when she was hit from behind by the scrambler after she had alighted the Luas.

Her jaw was wired shut and she underwent multiple surgeries on her jaw and head for what were described in Dublin Circuit Criminal Court as life-changing injuries.

Ward, of Lissadel Drive in Drimnagh, pleaded guilty to dangerous driving causing serious harm on January 30, 2020. He also admitted driving with no insurance on the same date and leaving the scene of the offence.

Ward and his motorcycle ended up in the canal but he clambered out and made good his escape on the back of his friend’s scrambler.

He was sentenced to two years in prison and disqualified from driving for six years by Judge Martin Nolan in a ruling handed down in February 2021.

However, after a hearing on Wednesday, Judge Nolan cut short Ward’s period of disqualification by 15 months.

The judge ruled that instead of being disqualified from driving for six years, Ward can have his licence restored after four years and nine months.

The decision means that Ward can resume driving in November 2025, instead of February 2027.

Judge Nolan said Ward had driven in a reckless manner and caused serious injuries, but he accepted that the court should not impede Ward’s rehabilitation.

Counsel for Ward, Laoise de Brún BL, told the court that since his release from prison, Ward has set up a mobile valeting company with the goal of valeting up to 200 cars a week.

Ms de Brún said her client “kept his head down in prison” and became an enhanced prisoner. She said Ward has worked “incredibly hard” to grow his business and has been impeded by his continued disqualification from driving.

Counsel said Ward pays his taxes and comes from a hard-working, pro-social family.

She described the offence as “the actions of a very immature young person” who made two very stupid mistakes of getting on a scrambler and then fleeing in a “moment of panic”.

Gda Eamon Kearney strongly objected to any reduction in the period of Ward’s driving ban, emphasising the level of injury inflicted on Ms Pellegrino who was knocked headfirst to the pavement by Ward’s scrambler.

“Her life has been changed,” said Gda Kearney, pointing out that the victim had sustained serious facial injuries.

Gda Kearney said while he could understand an offender fleeing the scene in moment of panic, Ward had the opportunity to come forward after the incident but had failed to do so.

“He did not assist the investigation prior to arraignment,” said Gda Kearney, adding that Ward had also come to attention after the incident because he was found with a mobile phone on him while going into prison.

At the original sentence hearing in 2021, Gda Kearney told Kieran Kelly BL, prosecuting, said the injured party had just dismounted the Luas and had left the platform when she was struck from behind by the Ward’s motorcycle.

Gda Carney said Ward and his bike ended up in the adjacent canal after the collision, but that he climbed out and departed on a friend’s bike. Ward had been driving along the footpath with two friends who were on their own scrambler motorcycles.

Ms Pellegrino sustained an injury to her head, fractures to her jaw and wrist and a soft tissue injury to her left thigh. The court heard she has had two operations since the incident.

Addressing the court through a translator, Ms Pellegrino said she remembered waking up in a hospital and not being able to remember her own name or address. A year after the incident, she remained scared of leaving the house and of crossing the road.

The court heard that before the collision, Ward had brushed against another pedestrian on the footpath, broke hard and lost control of his bike, causing him to veer right towards the victim.

Counsel said Ward was ashamed of his actions and of not staying at the scene. Counsel accepted that Ward’s first thought had been for himself when it should have been for the victim.

Ward raised €10,000 as a token of remorse which the victim indicated she was willing to accept.

Judge Nolan said dangerous driving can occur by mere inattention and the courts generally take a sympathetic view in those situations. He said courts typically punish intentional or reckless behaviour, and in this case, there had been reckless and intentional bad driving.

Judge Nolan said Ward decided to drive his scrambler down a footpath and drove at speed, both of which were reckless things to do. He said Ward drove in such a way that he could not avoid hitting a pedestrian and then had left the scene.