Suspended sentence for driver who reversed into pedestrian in supermarket car park

By Sonya McLean

A man who reversed into a customer in a supermarket car park has been handed a 10-month suspended sentence and disqualified from driving for two years. 

Fergal Doherty (50) of Seafield Court, Seafield Road, Killiney, pleaded guilty at Dublin Circuit Criminal Court to careless driving causing serious bodily harm in SuperValu, Dalkey on June 10, 2024.

The court heard that while Doherty initially failed a breath test at the scene of the accident, he was later found to have 61mg of alcohol per 100 ml of urine, which is just below the legal limit of 67mg/100 ml.

Garda Amy O’Connor showed CCTV footage of the incident to the court. She said Doherty initially moved out of his parking space, then reversed his vehicle so he could leave the car park in the correct direction.

It was while reversing his vehicle that he knocked down the victim, who was walking across the car park behind his car.

The victim later told gardaí that he was crossing through the car park between cars when he saw a car pulling out of a space. He walked behind the car but then saw the same car “approach me rapidly” before it hit him.

Gda O’Connor told John Griffin BL, prosecuting, that Doherty remained at the scene and an ambulance was called for the victim. He was later treated in hospital for a dislocated and fractured elbow which required surgery.

Doherty has 20 previous convictions, 15 of which are for road traffic offences including for speeding and drink driving. He has previously been disqualified from driving.

Gda O’Connor said that victim did not prepare a victim impact statement.

She accepted in cross-examination from Justin McQuade BL, defending, that his client entered an early guilty plea, remained at the scene and that his second test was under the legal limit.

Mr McQuade said his client is a married father of three who is working full time and the sole provider for his family. He was fully insured at the time.

Judge Martin Nolan said to counsel that there was some indication from the victim that Doherty had been reversing at speed and suggested that it also appears that he is driving quite fast on the CCTV footage.

Counsel acknowledged that the CCTV footage did give that impression but he asked the court to accept that such footage can sometimes be misleading as it can be quicker than in real time.

He said his client has taken ownership and responsibility for his wrongdoing.

“He was reversing when it was unsafe to do so and he should have taken more care,” Mr McQuade said.

He further acknowledged, following a question from Judge Nolan, that Doherty had “drink taken” at the time but he added that the second time he was found to be under the legal limit. He reminded the court that the limit is not zero.

Imposing sentence, Judge Nolan noted Doherty’s history of convictions for driving offences.

He said Doherty should have reversed his car a bit slower and been more careful in his observations.

The judge said it was a “close run thing,” but the court had decided not to imprison Doherty.

He imposed a sentence of ten months, suspended on strict conditions. Judge Nolan also disqualified Doherty from driving for two years