Ukrainian accused of causing death of GAA broadcaster was driving safely, court told

GAA broadcaster Paudie Palmer died from traumatic brain and spinal cord injuries.

The Ukrainian national who denies dangerous driving causing the death of GAA broadcaster Paudie Palmer at Innishannon at Christmas time in 2022 claimed through his lawyer that he drove through the crossroads as safely as he could.

Defence senior counsel Seamus Roche had this to say to Judge Jonathan Dunphy and a jury of seven women and five men on the second day of the trial at Cork Circuit Criminal Court when they also heard from pathologist Dr Margaret Bolster on the cause of Mr Palmer’s death.

 Bohdan Bezverkhyi, aged 33, of Rigsdale House, Rigsdale, Ballinhassig, County Cork, denies the charge of dangerous driving causing the death of Mr Palmer at Dunkereen Cross, Innishannon, Co Cork, on December 29 2022.

Assistant state pathologist Dr Margaret Bolster gave evidence of examining the deceased on January 9, 2023, and also described the account of the background that was given to her from the time of Mr Palmer's admission to Cork University Hospital on December 29, 2022, where she was informed that the injuries were sustained following a road traffic collision at a junction some 300 metres from the deceased’s home in which Mr Palmer sustained traumatic brain injury, including bleeding to his brain and fractures to his spine.

Mr Palmer was admitted to intensive care at CUH on the day of the accident but his death was confirmed at 4.30am on January 8, 2023.

Dr Bolster concluded that the cause of death was traumatic brain and spinal cord injuries with thoracic injuries from a road traffic collision.

Dr Bolster testified there were multi-compartmental spinal cord injuries which she described as significant and multi-compartmental brain injuries that included bleeding on the brain. The pathologist also described the sheering of nerve fibres. The pathologist found that the traumatic brain injury was severe and there would have been a prolonged coma. There was cardiac arrest caused by blunt force trauma to the chest.

Defence senior counsel Seamus Roche suggested to the pathologist in cross-examination that the evidence was that the deceased was not wearing a seatbelt at the time of the collision and that he would have been thrown about the car which would have resulted in head injuries and that wearing a seatbelt would have been safer.

Dr Bolster replied: “There is a statistically higher rate of fatality with not wearing seatbelts. That is why we all wear seatbelts.” 

The pathologist agreed with Mr Roche that if a person travelling in a car involved in a collision was unrestrained there was more tumbling.

Neighbour Colette Crowley, who arrived on the scene of the collision, described the late Mr Palmer as “a granny driver”. 

Mr Roche suggested to her that this description of a careful driver was in contrast with him not wearing a seatbelt.

“I don’t wish to be unfair to the man but that is a factor of the case. He was not driving in a safe manner for whatever reason and was in fact on his incorrect side of the road — that is the nub of the defence. He (Bohdan Bezverkhyi) was trying to negotiate the cross as safely as he could,” Mr Roche said.

The trial continues.