Man found guilty of dangerous driving causing the death of Paudie Palmer
Bohdan Bezverkhyi (pictured) was remanded in continuing custody for sentencing on May 2. File picture: Dan Linehan
A unanimous guilty verdict was delivered on Thursday afternoon against a Ukrainian national accused of dangerous driving causing the death of GAA broadcaster Paudie Palmer at Innishannon at Christmas time in 2022.
The seven women and five men who deliberated for approximately five hours returned to Cork Circuit Criminal Court with their unanimous guilty verdict on what was the seventh day of the trial. Judge Jonathan Dunphy remanded the accused man in continuing custody for sentencing on May 2.
The judge did not accede to an application by defence senior counsel, Seamus Roche, to direct the preparation of a probation report. Judge Dunphy said it would not be required in the absence of factors such as addiction issues or previous convictions. The accused man has no addictions or previous convictions. It was suggested that a prison governor’s report on him could be obtained.
The family of the late Paudie Palmer embraced each other and thanked the garda investigation team as the verdict was delivered. They will have an opportunity to present victim impact statements on May 2 so that consideration can be given to the impact on them of the circumstances of the loss of Mr Palmer.
33-year-old Bohdan Bezverkhyi, of Rigsdale House, Rigsdale, Ballinhassig, County Cork, pleaded not guilty to the charge of dangerous driving causing the death of Mr Palmer at Dunkereen Cross, Innishannon, Co Cork, on December 29, 2022. Mr Palmer was fatally injured as his car ended up overturned on an embankment at the junction near his home, having been in a collision with the defendant's car which was then driven from the scene.
He admitted charges related to his failure to remain at the scene of the collision but denied the most serious charge against him. While his plea was one of not guilty, the jury were presented with evidence of texts from his phone sent to family and friends on December 29, 2022.
These texts showed the accused man saying: “I am in the wrong 100%, I drove off, I was drunk, there is no excuse for me, I am guilty of it all.”
“I will be jailed. I left the scene of a traffic accident, drunk.”
“I am a moron. I am guilty of it all. Don’t know what happened to the people. I am blaming myself for driving off."
“Left the scene of the accident. Was pissed."
As the trial broke for the weekend last Friday, Judge Dunphy warned the jury they should not “engage in amateur detective work”. He reminded them they should only consider the evidence that they saw and heard in court as part of their work as jurors.
In the context of this case there was a particular significance to this warning. The jury were not told that in fact they were hearing a retrial of the case. And they certainly were not informed of the reason for the retrial.
The first trial took place in February and the jury had heard all of the evidence and closing speeches. They had begun their deliberations and there was a break for the weekend.
When they returned it came to light that one juror had engaged in just this sort of amateur detective work. He privately visited the scene of the collision over that weekend and discussed his observations with the jury causing the immediate collapse of the trial.
Judge Colin Daly who presided over that first trial told the jury they had failed in their oath to conduct their deliberations on the basis of what was given in evidence and not to conduct any independent enquiries, and he declared a mistrial.
Judge Daly said: “You have failed in your duty and in your oath because you have failed to conduct the trial in a proper manner. You were directed not to conduct your own investigations. But one of you has done that. A fair trial cannot now take place. You are discharged in those circumstances.”
Fortunately, there was no such failure in the present trial and the jury completed their work without incident. What now remains is sentencing of the guilty driver on May 2.
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