Family of dead woman hug driver who hit her

The grieving family of an 80-year-old pedestrian who lost her life in a road accident hugged the driver in court yesterday.

The family of the late Patricia McDonnell had pleaded with a circuit court judge not to impose a custodial sentence on John Croghan.

They approached the accused, still standing in the dock after the case, and amid emotional scenes advised him to “get on with his life”.

Croghan, aged 65, of Cherrytree Drive, Listowel, Co Kerry, had pleaded guilty to a charge of careless driving causing the death of Mrs McDonnell of Marian Park, Tralee, as she crossed the road on her way to catch a bus.

Since new legislation was introduced in 2011, the case of careless driving causing death was probably the first of its kind before the courts, prosecutor Tom Rice said at the sentence hearing at the Circuit Criminal Court in Tralee. He said the charge carried a penalty of a two-year custodial sentence.

The State’s case was Croghan failed to observe a pedestrian crossing the road.

The accident, at Quill St, Tralee, occurred at about 9.30am on Aug 8 last year.

Croghan, a retired ESB worker with a clear driving record, was travelling towards Farranfore.

Mrs McDonnell had reached an island at the centre of the road and was on her way across the second section when the accident occurred. She was conscious at the scene but died in hospital.

Croghan had been driving within the speed limit of 50km/h.

A garda PSV inspector, in a report, had concluded “the driver should have observed the pedestrian’s movement and taken avoidance action”.

Croghan, a family man who was very involved in voluntary work, did not drive since the accident.

In a letter handed into court, Croghan, who cried silently throughout the hearing, said his thoughts and prayers were with Mrs McDonnell and her family and he would accept whatever penalty the court handed him.

On behalf of the deceased woman’s family, solicitor Nuala Liston said the loss of a mother was extremely upsetting but “they accept it was a tragic accident” and they did not want a custodial sentence.”

Judge Carroll Moran said: “I want to commend the family of the deceased lady for the very Christian attitude — one doesn’t see it very often in court and I am very moved by the attitude the family has taken.”

Judge Moran disqualified Croghan from driving for four years.