Cork man who admitted dangerous driving causing death of boy, 8, is jailed

Boy's parents told court of the devastating impact the death of their son has had on the family

John Moynihan pleaded guilty to dangerous driving at Cork Road, Carrigaline, Co Cork, causing the death of eight-year-old André Ladeiro on August 12, 2023. Picture: Dan Linehan

The mother of an eight year-old boy who was knocked down and killed while crossing with the green light in his favour at a pedestrian crossing in Carrigaline in August 2023 described on Monday how she waits to see him walking through the door at home every day since.

62-year-old John Moynihan, of Parkanillane, Kilnamartyra, Macroom, Co Cork, was sentenced to three years, with the third year suspended, in a case where he pleaded guilty to dangerous driving at Cork Road, Carrigaline, Co Cork, causing the death of eight-year-old André Ladeiro on August 12, 2023.

The family came from Portugal with a dream of a better life in Cork. Filipa Castro, who is a nurse with 12 years' paediatric nursing experience, said of her son André: “He made so many friends, he loved his school, he was always ready to take part in community activities or fundraising and help those in need. He spread joy and kindness — he was so happy.

Five days fighting to live, five devastating days that ended in the world’s worst nightmare — lying down next to my son while he was dying — I lost my son and my life fell apart.

“Five hundred and forty eight days later it is impossible to believe or accept it. Every day, I wait to see him walk through the door with his captivating smile to hug him. 

“Every day is a challenge between anger, sadness, depression, despair, fear, dark days, disbelief — all those words became part of my life since that driver killed my son — also panic attacks, nightmares, sleep deprivation, anxiety, fear of riding a bicycle, stress when driving, anger watching others driving.

“The sound of the impact of the car hitting my son and the image of my son lying down on the road are constantly present [when] I am on the road, when I see children riding bicycles, when I am at a pedestrian crossing, or nearby traffic lights. 

“Living this terrible trauma is also André’s brother, who witnessed everything when only five years old — the impact on his life is unspeakable — every day he dives into memories of that day when he watched his brother get run over, losing the most important person in his life.

"Now our family has no option but to live day by day, sometimes hour by hour. I spend my days looking for strength and I don’t know where to find it.

“It is impossible to imagine what we are going through — I will do everything to my honour my son, André, and keep his memory alive.” 

Flowers and teddy bears at the pedestrian crossing in Carrigaline where André Ladeiro was knocked down. Picture: Eddie O'Hare

André’s father, César Ladeiro, spoke of the horrific moment of the impact and the devastating consequences of it.

“We all have dreams, living forever, places to explore, houses, cars, happiness, friends and family — André Castro Ladeiro is my first son, my first dream coming true… The joy of feeling him for the first time in the summer of 2014 in mummy’s belly is a souvenir I take for life, of having him in my arms three days before Christmas is another one, a journey that started so many months before and so many worries to all go well.

“With André, I have found the importance of being present, no matter what — that is why I am here. I have seen the violence of the impact directly in front of my eyes — the bang and him disappearing — I have seen it then and every day since.” 

Moynihan said when first questioned by gardaí: “I cannot imagine what the family are going through. I wake up every night and I see the boy’s picture on rip.ie. I wish I could roll back the clock. If there was anything I could do for the family I would do it.” 

Judge Dermot Sheehan offered the parents his condolences for the horrific experience of losing their child in this way. And he remarked on the necessity for sentencing to have a deterrent effect on other motorists also.

“An eight year-old child with his bicycle in Carrigaline, a built-up area. The road is a busy road with a series of roundabouts. A pedestrian crossing marked with zebra crossing and pedestrian-controlled traffic lights. Conditions were perfect for driving. 

The line of sight for the accused was more than adequate. He had more than enough time to see what was going on. He was not driving too quickly but he drove through a red light. Not only that, he drove through a pedestrian crossing.

“The father and young brother of the victim [were there]. He should have been alert to pedestrians. He did not see what was directly in front of him, a child and a bicycle. He did not apply the brake. What caused him to stop was the bike colliding with the vehicle. There was no sign of him seeing the pedestrian.” 

The judge said much was made of some people’s concerns locally about the proximity of the pedestrian crossing to a roundabout, but the judge said from viewing CCTV from a driver travelling behind Mr Moynihan’s Ford Ranger pick-up truck, he counted three or four seconds of driving from the roundabout to the pedestrian crossing, which he said allowed him plenty of time to stop.

He also said there was a particular onus on the drivers of such vehicles in urban areas to do so with safety, as they were more like trucks than domestic cars.

“I set a headline sentence of six years imprisonment. What the law now requires me to do is take into account mitigating factors. They include the signed plea of guilty. The parents of André rightly spoke of the long time it took for the case to come to here. 

"I cannot blame the accused for that. It was indicated at an early stage that he would plead guilty. The deduction of up to one third is for the signed plea.

“Beyond that, he is highly thought of in his business and personal dealings. He suffered his own bereavements in life. He is noted for his kindness. If your car is off the road, he is first man who will help you out… How does a judge deal fairly with a man who has lived an otherwise blameless life. Is it appropriate it is in custody. An aggravating factor is breaking a traffic light on a pedestrian crossing.” 

Imposing three years with the last year suspended, the judge said: “I appreciate many people will be affected — his employees, his family. But that cannot be left at the feet of the prosecution. I have to take into consideration the very severe impact [on the deceased child’s family].” 

Jane Hyland, senior counsel for the defence, said Mr Moynihan was fully remorseful and apologised to the family.