Suspended jail sentence and ban for retired farmer, 87, after collision with motorcyclist on journey to wife's grave

By Gordon Deegan

A judge has imposed a nine month suspended prison term on an 87 year old driver whose momentarily lapse in concentration on his way to visit his wife’s grave “had devastating consequences” for a motorcyclist.

At Ennis Circuit Court, Judge Gerald Keys has imposed the suspended prison term, a six year driving ban and a fine of €500 on Michael Culligan.

Mr Culligan, a retired farmer who turns 88 this Wednesday, was on his way from mass to visit his wife’s grave on October 4, 2015 when his car veered six inches into the opposite driving lane.

This resulted in the collision with the oncoming motorbike being driven by Gerard Dineen who almost lost his life and suffered life-changing injuries as a result of the crash.

Prior to the crash three and a half years ago, Mr Culligan of Burrane Upper, Knock, Kilrush in west Clare had a blemish free driving record for the previous 60 years.

In the case, Mr Culligan pleaded guilty to careless driving causing seriously bodily harm to Mr Dineen.

In a victim impact statement, Mr Dineen said that his life has been “a nightmare” since the accident and that he has been putting his family through hell as a result of his erratic behaviour.

Counsel for Mr Culligan said that there were no aggravating factors in the case and that speed was not a factor.

Judge Keys said that the impact of the accident has had ‘devastating consequences’ for Mr Dineen.

Mr Dineen suffered a brain injury in the crash and a very bad injury to his right hand.

In a victim impact statement, Mr Dineen said that the impact of the accident “has been totally life-changing for me. There are times that I just can’t believe that this has happened to me and I will never be able to accept it. I feel useless now”.

Mr Dineen went on: “I haven’t worked since the accident and it’s most likely that I’ll never work again. It’s put a huge financial strain on my wife.

He said: "I can no longer work. I can no longer do things around the house and I no longer enjoy the hobbies I had before the accident like driving my motorbike or gardening."

“I now need constant full time care as I cannot cook for myself or do everyday household jobs.”

“I was used to to working all my life earning a week’s wage and now because of the accident, I am in receipt of social welfare through no fault of my own."

Mr Dineen said that he nearly lost his life in the crash. He said: “I do acknowledge that I’ve made a good recovery, unfortunately, I will never be the same man I was before the accident."

“Realistically, I now only have the use of my left hand as my right hand was so badly injured from the accident.

“My brain function is no longer as sharp as it was before the accident."

“I’m very impulsive, short tempered, irritable and I suffer from terrible mood swings. I also suffer from sleep disturbance at night.

“Unfortunately, my wife, who is my primary carer and my family bear the brunt of this erratic behaviour."

“It does upset me to think that I am putting them through this hell but I can’t just can’t help my behaviour at times. I feel that I have no control over it. It really gets me down at times."

He said: “To sum up, my life has been a nightmare since the accident."

He said: “My wife is my primary full time carer and I always have the fear and worry in the back of my mind that if anything happened to her, I’d have no one to look after me and I’d have no choice but to go into a nursing home.

“I always worry about the future now and I will never fully come to terms with the fact that this has happened to me."