Farmer fined €1,250 after he ran over tourist with tractor

A farmer who ran over a 76-year-old German tourist with his 1980-registered tractor at one of the country’s best known tourist spots yesterday escaped with a €1,250 fine.

At Ennis Circuit Court, Judge Gerald Keyes said that banning father of two, John Boyce, aged 57, of Moyhill, Cratloe, Co Clare, from driving would be akin to taking tools from a trader.

At the court earlier this month, a jury unanimously found Boyce guilty of careless driving relating to the fatal crash of his Massey Ferguson tractor into Inge Schmidt at a pedestrian crossing at Low Rd, Bunratty, Co Clare, on Oct 29, 2010.

Boyce was tried for the charge of dangerous driving causing the death of Ms Schmidt. The jury unanimously cleared him of that charge.

At the sentencing hearing yesterday, Judge Keyes said that there were a number of aggravating factors in the case.

He said that one aggravating factor was the condition of Boyce’s tractor, in that it had no wipers on what was a rainy day. “This could have had the effect of impairing his vision. Mr Boyce brought the tractor on the roadway knowing the condition it was in and it was in that condition for a considerable period of time.”

Judge Keyes said another aggravating factor was that Ms Schmidt “was crossing a well-signed pedestrian crossing on a straight stretch of road. The pedestrian crossing had beacons in operation and Mr Boyce did not see Ms Schmidt at all despite a motorist travelling behind Mr Boyce saying that she did see Ms Schmidt crossing the road and couldn’t understand why he didn’t stop.

“Mr Boyce was inattentive driving the tractor in an area where there was quite a number of pedestrians and is quite attractive to tourists.”

Judge Keyes said in mitigation, speed or drink were not factors in the case. Lorcan Connolly, defending, said that Boyce had 40 trouble free years of driving before the accident and had no previous convictions. He said: “Mr Boyce is a hard working family man and has shown deep remorse.”

Judge Keyes said: “A custodial sentence in the circumstances is not justified.”

The judge also stated that he had discretion to ban Boyce from driving.

The judge said normally in such a case, he would impose a driving ban to reflect the seriousness of the consequences of Boyce’s inattentive driving.

Mr Connolly said that Boyce’s farm is fragmented.

Judge Keyes said that banning from Boyce from driving “is akin to taking the tools from a carpenter away from him.”

The judge did order that Boyce cannot drive the tractor that was involved in the accident until all of its faults are corrected to the satisfaction of gardaí. Mr Connolly said that Boyce intends to dispose of the tractor.

The maximum fine available for the careless driving offence is €2,000. Judge Keyes said he would impose a fine of €1,250.