Charleville family describe impact of losing 'beautiful, caring, vibrant mother' in careless driving case

Judge Helen Boyle said she had a lot to consider and would impose sentence on November 4. File picture: Larry Cummins

The impact of a momentary lapse where an 87-year-old motorist pressed on the accelerator instead of the brake while parking in Charleville — killing one woman and seriously injuring a man — was described on Thursday in the "dignified" accounts given by the families of the repercussions from that Saturday afternoon.

All parties accepted that how it happened was accidental but that the impacts were no less profound.

87-year-old Agnes Foley of Farran, Charleville, County Cork, said: “I feel so guilty. Nothing will ever erase it from my mind. That day will always be a nightmare.” Marjorie Farrelly, senior counsel, said Agnes Foley has always had uppermost in her mind the impact that this has had on the families of Mary Fehilly who was killed, and John Collins who was seriously injured that day. 

She has not driven since, will never drive again, and — before this occurred — there had been nothing to indicate any impairment in her ability to drive. She had driven for 60 years without incident.

Garda Christopher Gleeson said that just before 2pm on Saturday, November 2, 2024, Mary Fehilly was outside Centra on Main Street, Charleville, talking to John Collins who was selling lottery tickets on behalf of the local GAA club. 

Mrs Foley was parking on a day of heavy traffic in the town and as she was driving into the space she inadvertently pressed the accelerator instead of the brake, mounting the kerb and pinning Mary Fehilly, 72, and John Collins, 66, against the wall, causing the death of Mrs Fehilly and life-changing injuries, including a fractured femur, to Mr Collins.

Agnes Foley pleaded guilty to driving without due care and attention on November 2, 2024 at Main Street, Rathgoggin, Middle Charleville, thereby causing the death of Mary Fehilly, and causing serious bodily harm to John Collins. She wrote letters of apologies to both families and co-operated fully with the investigation, Garda Gleeson said.

The deceased woman’s daughter, Siobhán Fehilly, said: “On Saturday, November 2, 2024, our lives were changed forever. Mary Fehilly, our beautiful, caring, vibrant mother, was taken from us. Mam was the heart of our family. Her loss has left a gaping hole in countless lives of her family and friends. There is a profound sense of loss and disconnection strongly felt by Mam's siblings.

“Mam and Dad were married 49 years. They were so looking forward to their 50th wedding anniversary but they never got to see it. They were the love of each other's lives. Our house was always full of noise and laughter with the kettle always on. Now the house is quiet and still. 

"Dad lost his love, his best friend, his constant companion. For months after the accident when people asked him how he was he would say, 'I'm not good at all', because he wasn't good. He was devastated and barely functioning. His whole world was turned upside down.

“She was our constant in a world of ups and downs. Without any degree, she was a nurse, psychologist, teacher and therapist to us all. She loved us fiercely and we loved her back in the same way.” 

Aisling Biggane, her eldest granddaughter, said on behalf of her grandchildren: “She took a real interest in all our lives, going to our matches, listening about our favourite singers, supporting all our different hobbies, and spoiling us with new clothes. 

Every year, she made a point of taking each of us school uniform shopping. It was something we all looked forward to, especially going for a cup of tea and a treat. 

"It's very hard knowing some of the younger grandchildren won't get that special time with her. She was only in her early 70s and still had so much life ahead of her, which makes it even harder to accept that she's gone.” 

The family gave special thanks to Shane O'Donovan, an emergency doctor who happened to be passing through town and stopped and did his best to help.

John Collins said: “My wife and I were looking forward to putting our retirement plans into action. We were both healthy, active and excited about enjoying this next chapter of our lives together. Instead, my days became centred around hospital stays, pain management, medical appointments and rehabilitation.

“As a result of the accident, I can no longer manage many of my own jobs. I now need to employ people to carry out work in my own home which I find both frustrating and a financial burden. 

I have not had a full night sleep since the accident, the pain is constant and I also experience frequent flashbacks particularly at night. The emotional impact has been overwhelming.

“The loss of Mary is something I find very difficult to come to terms with. I knew her since I was a teenager and we were friendly for many years. My heart goes out to her husband and family.

“Finally, I would like to acknowledge that while this was a terrible accident, I believe it was just that — an accident. I hope that all of us, including those most affected, can continue to heal and find a way forward.” 

Judge Helen Boyle said she had a lot to consider and would impose sentence on November 4. “I would like to thank everyone for the dignified way they have met this tragic case.”