Woman jailed for causing death of fellow Ukrainian due to careless driving near Cork Airport

Ms Vasylenko initially denied being in the driver’s seat of the deceased man’s car at the time of the fatal incident but ultimately admitted it after being shown dashcam footage from this car of the incident occurring

Kseniia Vasylenko said she never meant for this to happen, she was devastated that this happened and that she had caused the loss of a father for a young family. Picture: Eddie O'Hare

A Ukrainian refugee in Cork was sentenced to two years' imprisonment with the last nine months suspended for causing the death of a fellow Ukrainian near Cork Airport after they had been drinking heavily throughout that day.

Initially, the accused reported that the victim suffered cardiac arrest while standing outside his car. Judge Helen Boyle commended the garda investigation which quickly established that she got into the deceased’s car while intoxicated and reversed it when he was standing behind it, reversing the car over him and causing his death.

Judge Boyle said that an aggravating factor in this case was the fact that the defendant was intoxicated and that this put the careless driving causing death at the higher end of this offence, which carries a maximum possible sentence of two years.

Kseniia Vasylenko, 43, admitted careless driving causing the death of Andrii Nesterov, who was aged around 50, after 2am on Sunday morning, last October 8, 2023.

Ms Vasylenko has been in custody since that date and her sentence on Wednesday was backdated to then. She said she prays for the family of the deceased and hopes that someday they will find it in their hearts to forgive her.

The fatal incident came to light when a member of staff at Cork Airport Hotel called for an ambulance for a man experiencing cardiac arrest. Emergency personnel arrived to find the deceased lying on the ground with obvious injuries to his leg and head. He died very soon afterwards.

On investigation, it was quickly established that Ms Vasylenko had been present at the time. Initially, she denied being in the driver’s seat of the deceased man’s car at the time of the fatal incident but ultimately she admitted it after being shown dashcam footage from this car of the incident occurring.

Det. Garda Gary Brennan said: “A person could be seen walking at the rear of the Hyundai vehicle. Six seconds later the vehicle is put into reverse and driven in reverse when Mr N is at rear of the vehicle. The front right side of the vehicle comes up and the deceased becomes visible on the ground (in front of the car).

“Ms Vasylenko is then seen approaching the victim on the ground. Ms Vasylenko is observed lifting his body and attempting to drag him in the direction of the vehicle. Ms Vasylenko then leaves.” 

It is seen that she then arrived back at the hotel where she was residing. When questioned, she said she did not realise she had driven over the deceased. Later she admitted having a lot of alcohol prior to the incident. A toxicology report on the deceased also confirmed that he had a high quantity of alcohol.

A victim impact statement from the family of the deceased was handed into court but not read publicly. Judge Boyle said on Wednesday that the family were deeply affected by the loss. 

They have had to leave their war-torn home in Ukraine and now live in Poland. The family thanked that country for supporting them there and also for paying for the remains of the deceased to be sent there for burial.

'Remorseful'

The accused said through Jane Hyland, defence senior counsel, that she never meant for this to happen, she was devastated that this happened and that she had caused the loss of a father for a young family.

Ms Hyland said: “She is extremely remorseful. If she could turn back time she would. She says she will pray for his family and for his soul to rest in peace and hopes that at some time they will find a place in their hearts for forgiveness for her."

Judge Boyle commended gardaí for their quick and thorough investigation of this case.

Addressing the accused, Judge Boyle said: “You also fled war in Ukraine. Your husband is restoring electricity to war-torn areas. You are doing well in prison. You are working and attending the educational unit and acting as interpreter for a number of inmates. Because of the aggravating factor of alcohol this offence is at the highest end.” 

As well as the two-year sentence with the last nine months suspended, the judge disqualified her from driving for eight years.