Woman charged with dangerous driving causing death of Ukrainian man in Cork

Accused was driving the Hyundai car owned by the deceased and her driving was dangerous, resulting in his death early on Sunday morning, court heard

Kseniia Vasylenko has been remanded in custody on a charge of causing death by dangerous driving near Cork airport on Sunday. Picture: Eddie O'Hare

A Ukrainian refugee accused of dangerous driving causing the death of a fellow Ukrainian man with whom she had been socialising in Cork was brought before the district court where gardaí objected to bail, saying she was a flight risk.

Detective Garda Gary Brennan charged 43-year-old Kseniia Vasylenko of Cork Airport Hotel with dangerous driving a Hyundai Alantra at Cork Airport causing the death of Andrii Nesterov, who was aged about 50, after 2am on Sunday morning, October 8.

He alleged she was driving the Hyundai car owned by the deceased and that her driving was dangerous, resulting in his death.

After hearing evidence from both sides in the bail application, Judge Olann Kelleher refused bail, saying while there was a presumption for bail, “the more serious the case the more serious the flight risk”. He remanded Ms Vasylenko in custody until October 18.

Applying for bail, the accused said her husband was still in Ukraine working in IT and working with the resistance in this capacity. Describing her decision to leave her home, she said her child was in kindergarten and she was working with the local authority in central Ukraine. She now lives in Cork with her five-year-old son and her mother.

“I did not want to leave my country. I love my country. I made the decision to come here to save my life and the life of my son. I came across Poland, Romania, Moldova, to Dublin City West to here. I have been in Cork since December 2022. I have been in the airport hotel in accommodation centre.

I can understand police are afraid I will flee because I am not a resident of Ireland. I can agree to everything to be home with my son. I promise I won’t be leaving the country. 

"I would do everything suggested to me to confirm I am not leaving the country. I have nowhere to go. I have no relatives who can accept us across Europe.

“I love Ireland and Irish people. It is like Ukraine. They accept us like relatives. They love us,” Ms Vasylenko testified.

She said after the war in Ukraine she would be the first to return. But she said she would stay in Ireland to face the charge of dangerous driving causing death. She added: “I am not a criminal person. I want to be with my son if it is possible,” she said, holding back tears.

Objection to bail

Detective Garda Brennan said the objection to bail was based on the seriousness of the case and the prosecution belief that the defendant is a flight risk.

He said the incident was captured by dash-cam footage in the Hyundai.

“I think there is a real possibility she would leave the jurisdiction if given bail,” Det Garda Brennan said.

Frank Buttimer, solicitor, said the defendant left everything, including her husband, behind in the Ukraine to get to Ireland. 

“I won’t say it took an extraordinary effort but it took quite a significant effort… She is a person of very good character. She has no convictions. She tells me she worked with the local authority in an administrative capacity in central Ukraine, like someone working in city council here. Then there was bombing in her home city and she managed to stay there until December or November last year,” Mr Buttimer said.

The solicitor said in the course of the war, she took refugees from other parts of Ukraine into her home for relative safety.

Regarding the alleged offence of dangerous driving causing death, Mr Buttimer said: “She knew the deceased. They were socialising together on the outskirts of Cork City, leading up to the death of this unfortunate man. 

"The death is connected with alleged driving of the vehicle, of which he was the owner. He had been driving it himself shortly prior to whatever caused his death. 

"There was socialising between them up to the time of his death. She is very aware of the seriousness of the circumstances. She has nowhere to go. She is a refugee in Ireland. She would not in any circumstances leave her mother and child behind her.”