Inter-county hurler knocked down woman at zebra crossing in Offaly town

A SUSPENDED six-month sentence was imposed on a young driver who knocked down a woman at a pedestrian crossing in Ferbane.

Josh Spain (21), Togher, Taughmaconnell, Co Roscommon, appeared at Tullamore Circuit Court for sentencing having previously pleaded guilty to careless driving causing serious bodily harm to Bernadette Guinan on June 19, 2024 at Main Street, Ferbane.

Judge Ronan Munro heard that the victim, now aged 54, suffered a shattered knee, a leg fracture and spinal injuries as a result of the collision.

The court was told by Garda Conor Fanning that Ms Guinan was in the Centra store in Ferbane at about 4.40pm on June 19 and walked to a zebra crossing, looking both left and right before beginning to cross it.

CCTV footage recorded on the street assisted Garda Fanning as he gave his evidence and he said a car on the opposite side of the road coming from her left stopped at the crossing.

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When the woman began walking across she saw nothing on her right hand side and was then struck and knocked to the ground.

A local GP attended to her after emergency services were called and she was hospitalised and had to wear a brace on her knee for 10 weeks.

A doctor's report indicated she sustained significant injuries and it is expected she will have some residual disability.

The CCTV footage showed a red Volkwagen Golf, the car driven by Mr Spain, coming towards the zebra crossing and another witness said he saw a lady about to step out on the road before there was a “crash bang wallop” when she was hit and her shopping went flying.

Another witness told gardai she did not think the Golf was “driving too hard”.

Garda Fanning said he spoke to the accused man at the scene and was handed a full driving licence and insurance.

The driver, who tested negative for alcohol and drugs, said he was on his way home from Tullamore and driving towards Athlone at the time.

He said a sign and a bin on the footpath may have blocked his view and he saw no pedestrian at the crossing and its lights weren't flashing.

He said he had been paying full attention approaching the crossing and got out of his car when he hit the woman.

When Judge Munro said it did not seem from the CCTV footage that the bin or sign were in the driver's line of sight, defence counsel Stephen Byrne, BL, said there was no issue with that and criminal responsibility was accepted.

Garda Fanning said Mr Spain had previous convictions for no road tax, exceeding a 50km/h speed limit and failing to display 'L' plates.

Mr Byrne said a letter of apology had been prepared by the accused in which he said he was very sorry and stated that he had not seen her.

Mr Spain said the collision was completely his fault and he wished the woman a good recovery.

“This accident has made me think long and hard about how things can change in a split second,” the letter said.

Mr Byrne said Mr Spain worked as an apprentice carpenter and played inter-county hurling for Roscommon.

The young man had brought €1,000 to court for Ms Spain as a token of his remorse and he hoped to be able to provide more.

Mr Spain told the court himself that his car was “everything” to him and he needed it to get to work which could be on sites in places like Roscommon, Mullingar or Roscrea.

He said he would be going to college in September as part of his apprenticeship and could be sent to Letterkenny or Galway.

Imposing the sentence, Judge Munro said the victim had been wearing bright clothes when she was knocked down and suffered significant injuries.

It was a “momentary lapse” on the part of Mr Spain whose culpability was low and there was no evidence that speed was a factor.

“This is not a case where he mowed somebody down travelling at speed,” said the judge.

He also decided not to impose a driving ban, saying it would terminate the man's career but he ordered him to arrange advanced driving lessons in advance of the matter coming before the court again on May 5.