Woman fined €3,000 and disqualified from driving for careless driving causing the death of cyclist

The judge had tried to refer the case to the circuit court, having previously indicated the penalties open at district court level might be insufficient.

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A woman has been fined €3,000 and disqualified from driving for three years for careless driving causing the death of a cyclist on the N71 in West Cork last year.

Catriona Hurley, of Coolnagrane in Skibbereen, had pleaded guilty to the charge in a case where the judge had queried whether he could refer it to the circuit court, having previously indicated that the penalties open to him at district court level might be insufficient.

Ms Hurley, 68, had been driving home from Mass in the village of Leap when she attempted to overtake 48-year-old cyclist Teresa O'Brien from Clonakilty. Both had been travelling in the direction of Skibbereen when the incident occurred around lunchtime on April 7 last year.

Ms Hurley, who for many years worked in the UK and had no previous convictions, had entered a guilty plea to the charge when the matter first came before Judge John King during the summer.

The presiding judge, James McNulty, then heard the case and had more recently sought direction from the State solicitor and the Director of Public Prosecutions as to whether he could still divert the case to a higher court.

He also referred to the "harrowing" victim impact statements provided to the court by Ms O'Brien's daughters, the younger of whom, Lisa, was just 16 at the time.

In her statement, she had said: "I have procrastinated in putting together this victim impact statement for many weeks as I have viewed it as being pointless not having an impact on the sentence to be decided. 

I viewed it as a waste of time as I believe it fools victims into believing that they are able to influence punishments."

Sgt Paul Kelly and Ms Hurley's solicitor, Margaret Collins, confirmed to the judge that case law dictated that the case could not now be referred elsewhere.

Judge McNulty had said that his colleague, Judge King, was "unsighted", having not had access to the victim impact statements.

Sgt Kelly said the DPP had initially indicated summary disposal on a guilty plea, and this had been entered. Ms Collin referred to three earlier cases in which a similar incident had come before the court, most recently a case in 2017. 

The judge said he had not been contemplating a prison sentence, not open to the court in such cases, and the maximum penalty was €5,000. Judger McNulty said he had to consider a number of mitigating factors, such as Ms Hurley's early guilty plea, her clear regret and remorse, and her previously unblemished record.

He referred to Ms Hurley's comment in interview with gardaí — "I probably did not pull out far enough" — as the clearest explanation as to her failure to safely overtake Ms O'Brien, in what he said "appears to be an error of judgement".

Ms Collins said her client was always mindful of the O'Brien family and their hurt.

Judge McNulty said Ms Hurley's background had been in caring for others, and added: "It would be foreign to her nature and against all her instincts to harm anyone."

Referring to the sentencing limitations in the district court, he disqualified Ms Hurley from driving for three years and fined her €3,000.

Recognisance for an appeal against any perceived severity of the penalty was set on Ms Hurley's own bond of €100, no cash required.