Driver avoids conviction over teenager's fall from overloaded school bus in Cork

The court heard that the incident "has haunted" the bus driver ever since.

John O’Sullivan had only been driving the bus because a second vehicle was needed at the time due to social distancing requirements, and the first bus had failed to start that morning. File picture

The driver of an overloaded school bus, from which a teenage student fell out the back door onto the road, has avoided a conviction after the judge said the incident was “unfortunate” and not truly his fault.

John O’Sullivan of 4 Bayview, Convent Road in Rosscarbery, Co. Cork, had only been driving the bus because a second vehicle was needed at the time due to social distancing requirements, and the first bus had failed to start that morning.

At Clonakilty District Court, Judge James McNulty heard that at 8.20am on October 6 last gardai received a report of an incident in which a female teenager had fallen from the rear of a school bus at Maulrour West, Ballinascarty, near Clonakilty. On arrival at the scene they found the teenager on the ground, near a large white public service vehicle.

Gardaí discovered there had been 24 people on board the 18-person capacity vehicle.

Sgt Paul Kelly told the court that six young people had been standing at the rear of the bus when the door opened and the teenager fell to the ground. The young person suffered bruising and later required physiotherapy.

Mr O’Sullivan’s solicitor, Veronica Neville, said her client was pleading guilty to overloading the bus even though he only realised this had happened after the incident.

She said Mr O’Sullivan, 59, was a hackney driver who had been contacted that morning by another driver and told the first bus had broken down. For what she said was a “nominal fee”, Mr O’Sullivan then drove the other bus in the “teeming rain” to collect the school students.

At the bus stop there were no parents present, the judge heard, and Mr O’Sullivan let every student there onto the bus not wanting to leave anyone standing in the rain.

She said Mr O’Sullivan had not contacted the owner of the bus and that he was “not overthinking” the situation at the time. She told the court that once on board, the bag of one of the students got caught on the door lever, pulling the door open and leading her to fall out.

"Haunted"

Ms Neville said her client had been “very badly affected” by the incident, that he had been very upset and fully cooperative and was pleading guilty at the first opportunity. She said Mr O’Sullivan, a father-of-three with no previous convictions, had been giving “a dig-out” in the situation and was very remorseful.

“It has haunted him,” she said.

Judge McNulty said he had no doubt it had haunted Mr O’Sullivan, adding that what had occurred was not truly his fault or responsibility.

He remarked it was lucky there had not been a fatality or life-changing injury and noted that Mr O’Sullivan had driven for 40 years without incident and that he was entitled to be dealt with leniently.

He said he was to deal with the matter by conditional discharge under the Probation Act with Mr O’Sullivan on a bond of €100 for the next three years.