Truck driver pleads guilty in Jack Lynch tunnel smash

The Polish truck driver responsible for causing up to €500,000 worth of damage to the Jack Lynch Tunnel under the River Lee and then driving away from the scene, pleaded guilty to careless driving and hit and run charges today and was fined €900.

Significantly, the admission of liability by Piotr Kowalicki (aged 41), with an address at South Douglas Road, Cork, has paved the way for his insurers to compensate Cork City Council for the damages.

Defence solicitor, Dominic Creedon, said talks were ongoing between the local authority and Kowalicki’s insurers and that it was anticipated that the matter would be resolved without the necessity for a civil action being brought to court.

While no figure was put on the amount of the damage caused in the accident at midday on May 24 2007, it is understood that the repairs cost approximately €400,000 to €500,000.

In light of the fact that there was no question of an injury being caused to anyone using the tunnel at the time, the prosecution was willing to strike out a dangerous driving charge yesterday and accept a plea of guilty to the lesser charge of careless driving.

Sergeant Adrian Gamble who investigated the case said that the structural damage caused to the tunnel was limited to a portion of the concrete lip at the entrance to the tunnel.

“Overall it was the lights and fibreoptic cables that were damaged, but the damage was mainly caused to the lights,” Sgt. Gamble said.

Kowaliki was driving a heavy four-axel scrap metal truck – the kind of vehicle associated with the carrying of a heavy skip. Part of the structure of the truck included a hydraulic "grab" with claws used to lift a skip from the ground and fix it into position on the back of the truck.

Mr Creedon said the defendant departed from the normal practice of lowering the "grab" an extra few inches so that it would rest below the edge of the bin. On the day in question part of it was resting on the edge of the bin.

Sgt Gamble said it was his understanding that the defendant drove a different type of vehicle normally. This was confirmed in court by the defendant.

Mr Creedon, solicitor, claimed today: “The driver was unaware he hit the actual tunnel. If the case had been contested, the State would have made the argument that he ought to have known.”

Kowaliki pleaded guilty to careless driving, failing to stop at the scene of the accident and failing to report it. Judge Uinsin MacGruairc fined him €700 on the first charge and €100 on each of the other charges, which are commonly known as hit and run counts.

The judge was told that the defendant had a good record of driving and was continuing to drive for his employer.