Man found not guilty over death of cyclist

A JURY has returned a verdict of not guilty yesterday at Limerick Circuit Court in a case arising out of a road death.

Joseph Hanley, 26, of 5 Sycamore Drive, Bruff, was found not guilty of dangerous driving causing the death of Carmel O’Brien, 49, at Uregare, Kilmallock, on August 17, 2007.

Ms O’Brien had gone out for her morning cycle, earlier than usual, as she and her husband planned to attend a nephew’s wedding later that day.

The accident happened at around 6.50am when the accused, a learner driver, was on his way to work.

Mr Hanley was overtaking a cattle lorry when the accident occurred. Ms O’Brien had been cycling in the opposite direction.

A couple, both medical doctors who were jogging nearby, came on the scene and tried to assist the injured woman but could not find any pulse.

Sgt William Harhen, now retired, said part of Ms O’Brien’s bike was near her body and the remainder of the bike was in nearby trees.

The sergeant spoke with the accused who explained he had been overtaking a cattle lorry when he crashed into a woman on a bike coming in the opposite direction. A breath test taken from the accused showed a zero level of alcohol.

Garard Kennedy said he was driving 16 cattle to a meat factory in Charleville in a 26ft truck. About a mile and a half from Bruff, he saw a woman on a bike coming towards him. Further down the road, he heard a massive impact.

Addressing the jury at the conclusion of evidence, Judge Carroll Moran said it had been the prosecution’s case Mr Hanley carried out a manoeuvre which was inherently dangerous and, in doing so, had a duty to ensure the road way ahead was clear. If the roadway was not clear, he should not have carried out the manoeuvre.

But Judge Moran also advised the jury the defence case had showed three key elements to prove a charge of dangerous driving were absent — drink, defective vehicle and speed.