Man who “nodded” before hitting two children with car to be sentenced

By  Eimear Dodd

Two young girls were injured after a car mounted the footpath and struck them while they were waiting at pedestrian lights.

Dublin Circuit Criminal Court heard that an 11-year-old girl and a 10-year-old girl were both taken to hospital following the collision. The older girl sustained fractures to her leg and ankle, while the younger girl suffered soft tissue injuries.

The driver of the car, Thomas Hamilton (83), told gardai after caution, “I think I might have nodded”, adding that the crash occurred “just out of the blue”.

The court was told that Hamilton was referencing “nodded off” when he said he “might have nodded”.

When interviewed, Hamilton clarified that he had no memory of the crash and had gone to his GP in its aftermath with no medical issue identified. His breath sample at the scene was negative for intoxicants and he has since given up his driver’s licence.

Hamilton of Grange Park Crescent, Raheny, Dublin 5, pleaded guilty to two counts of careless driving causing serious bodily harm on January 19, 2024.  This offence carries a maximum sentence of two years imprisonment.

Hamilton was handed a three-month sentence, suspended on strict conditions.

Garda Damien Geraghty told David Staunton BL, prosecuting, that Hamilton was driving on the Howth Road in the direction of Raheny when his car mounted the footpath at a pedestrian crossing.

The car collided with a pedestrian light, before striking the two girls, before hitting a street sign and coming to a stop between the sign and a house on Howth Road.

The court heard the accident occurred shortly after 3pm, the weather was dry and visibility was good.

Gardai arrived at the scene and spoke to Hamilton, who was being treated by paramedics. He declined medical attention and was co-operative with gardai.

His driving licence and insurance documents were in order, the court heard.

The two girls were taken to hospital and later separately interviewed  by specialist gardai.

The 11-year-old remembered pressing the button at the pedestrian light, then being thrown back.  The younger girl said she saw a car coming towards them which mounted the footpath, before she was thrown back.

Victim impact statements on behalf of both girls were provided to the court, along with medical evidence.

The 11-year-old sustained fractures to her leg and ankle and a minor head wound. She required surgeries to deal with the ankle and leg fractures and has permanent scarring to her leg.

The younger girl sustained soft tissue injuries, one of which she continues to receive treatment for.

Both girls have suffered with PTSD and other emotional effects.

The court was told that the parents of the 11-year-old girl have indicated that they see no benefit in the imposition of a custodial sentence on Hamilton.

The defendant was voluntarily interviewed by gardai.  He said he was driving normally, then the accident happened “suddenly out of the blue”.

When asked for an explanation, he told gardai that “it’s a mystery to me how that happened” adding that he could not recall the incident.

The court was told Hamilton has no memory of the incident and went to his GP to report this. He is retired and has no previous convictions.

His car was technically examined and no mechanical fault was identified. Hamilton has since given up his driver’s licence and cancelled his insurance.

Det Gda Geraghty agreed with Deirdre Flannery BL, defending, that her client remained at the scene and was co-operative.

It was further accepted that when interviewed Hamilton took full responsibility and clarified that he has no memory of what happened.

Ms Flannery told the court her client has undertaken not to drive again, causing knock-on effects for his lifestyle, which he has accepted as necessary.

She said this is the first time Hamilton has ever been before the courts.

Counsel said it was a “normal day” and part of her client’s “normal routine” for him to have been driving on that road. Hamilton does not know what happened but fully accepts the blame.

He is “horrified” by the consequences and has full empathy for the two injured parties and their families, Ms Flannery said.

She said Hamilton underwent medical tests following the accident, no issue was identified and no further incidents have occurred.

Hamilton had brought €2,000 to court as a gesture of remorse.

Judge Martin Nolan noted that no reason had been outlined to the court as to why Hamilton lost  concentration or control while driving.

He said it was a “wise decision” for Hamilton to give up driving, adding that the court had considered the mitigation and his personal circumstances.

The judge imposed a suspended three-month sentence and directed that €1,000 is offered to the families of each of the injured parties within one month. If they decline this, Judge Nolan directed that the garda should apply the money to a charity.

Mr Staunton told the court that this offence does not carry a mandatory disqualification. Judge Nolan noted Hamilton has handed back his driving licence and that he would have to obtain a medical certificate to obtain a new one due to his age.

The judge did not impose a driving disqualification, noting that medical professionals who provide such certificates deal with these issues seriously.