Suspended sentence for motorist who left scene after knocking down elderly man

By Declan Brennan  

A motorist who knocked down an elderly man after he failed to check the road ahead when taking a turn has received a suspended prison sentence of 18 months for leaving the scene of a collision.

After the collision on September 21, 2023, Kevin O’Riordan (40) of Rathcoole, Moone, Co Kildare initially stopped his car and stayed for four minutes before driving away from the scene. He later told gardai “I didn’t know I hit him”.

At around 2pm, the victim Winnie Brennan was crossing the road on the corner of Meath Street in Dublin city centre as O’Riordan manoeuvred a left turn onto Meath Street.. The court heard the driver was concentrating on the traffic coming from his right and waiting for a van to go past.

When the van had cleared, he took the left turn colliding with the victim on the road. It’s the prosecution case that the accused “had plenty of time to see him (the victim) but didn’t see him”, Judge Martin Nolan said.

Mr Brennan was hospitalised for weeks with a fractured hip and is now unable to walk without assistance. In a victim impact statement, his sister told Dublin Circuit Criminal Court that her brother has lost his independence and dignity as a result of his injuries.

“He has become a prisoner in his own home,” she stated. She said this has had a devastating effect on him emotionally and her brother has shown signs of depression and anxiety.

She said he is now getting treatment for cancer and is due to be placed in a nursing home.

O’Riordan pleaded guilty to failing to stop at the scene of a collision with the intention to escape criminal liability, knowing that injury had been caused. He also pleaded guilty to careless driving.

Defending counsel Oisín Clarke BL told Judge Nolan that his client is devastated by the consequences of his actions.

Mr Clarke said the defendant is a hard working man who has led an otherwise “blameless life”. He said he has previously worked as a plumber and at the time of the offence he was under an “extraordinary amount of pressure”.

Counsel said this was the type of collision that “could have happened to anybody”. He said his client was concentrating on where the traffic was and where he perceived “the danger was”.

He said there was no speed involved in the incident and the car stopped at the point of collision, which was half way through the turn.

O’Riordan stayed at the scene for four minutes and spoke to other people there. During this time the victim was taken off the road.  Mr Clarke said his client wasn’t thinking properly when he decided to drive off.

Judge Nolan said that the defendant left the scene without giving his information to the appropriate authorities. He said this was reprehensible but he said it was reasonable to infer that the defendant knew that an ambulance had been called before leaving.

He said it wasn’t the case that his leaving in any way endangered the victim due to lack of medical attention. He suspended the 18 month term on condition O’Riordan keep the peace and he banned the defendant from driving for two years.