Two years jail for retired nurse who knocked down and killed pensioner

A retired nurse who was over the alcohol limit when he knocked down and killed an 87-year-old male pedestrian has been jailed for two years.

Tipperary man, Gerard Brett (aged 65), knocked Benedict (Benny) Brady seven feet in the air when he hit him on a dark and wet evening in north County Dublin. Mr Brady was taken to hospital but died six days later from his injuries.

The court heard Brett is on dialysis because of chronic liver failure. His counsel submitted that his condition could have led to a build-up of alcohol in his blood stream from several nights drinking.

Judge Martin Nolan accepted that Brett had been a “good hard-working man all his life” but said his dangerous driving had resulted in him killing a man.

“I have to impose a custodial sentence. He made a decision to drive that night with that amount of alcohol,” the judge said.

The judge had asked at the sentence hearing on Tuesday if Brett’s condition made him more likely to contract an infection in prison. Defence counsel replied that it is a significant factor that the court should keep in mind.

Judge Nolan accepted that prison would be very difficult for Brett, that he had no previous convictions and had co-operated with the garda investigation.

“But it is inexcusable what he did,” the judge said before sentencing Brett and disqualifying him from driving for three years.

Brett of Marrian Court, Marton Street, Clonmel pleaded guilty at Dublin Circuit Criminal Court to dangerous driving causing death and drink driving on Portrane Road, Portrane on January 21, 2010.

Garda Noel Callan told prosecuting counsel, Vincent Heneghan BL, that just before 8pm, Brett was driving erratically and swerving his car. A witness driving behind him later told gardai he thought Brett was going to drive into a ditch as he rounded a dangerous bend.

About 60 yards after the bend, Mr Brady, a “well regarded and popular man”, was crossing the road.

Brett’s car stuck him in the legs and threw him seven feet through the air. Emergency services arrived and found Mr Brady to be unconscious.

He was taken to Beaumont Hospital where he died on January 27, 2010, having never recovered consciousness. A post-mortem found the victim died of cardiac arrest as a result of swelling on the brain caused by the crash.

Brett had remained at the scene and when gardaí spoke to him they noticed he was slurring his words and smelled strongly of drink. He was arrested and a blood sample showed he had an alcohol level of 266 millilitres.

He admitted having two or three whiskeys in a local pub before getting in his car. Gda Callan agreed that his dialysis may have contributed to a higher blood alcohol level.

An examination of the scene found the road was wet and the victim was wearing dark clothes. There were no skid marks on the road, indicating Brett had not seen Mr Brady before the impact. A witness said Brett was travelling under the 50kph speed limit.

Gda Callan said Mr Brady was known around the area and was “well regarded and popular.” He said he was a friendly gentleman who kept to himself. After his death, gardai could not get in contact with his partner who lives in Northern Ireland. There were no members of the victim’s family in court.

Defence counsel, Micheál O’Higgins SC, said Brett had worked for forty years as a psychiatric nurse in St Ita’s Hospital. Shortly after the incident he retired and moved back to his family in Tipperary.

Counsel said Brett lived “a lonely and sad life” and became reliant on visits to the pub. A medical report was handed in stating Brett has to undergo dialysis three times a week and has a poor quality of life. Mr O’Higgins added that Brett has significantly impaired vision in both eyes.

He submitted that prison will be very hard for his client and asked Judge Nolan to be as lenient as possible.

Counsel said his client wished to express an “unreserved apology” to the victim and his family.