'I feel so guilty': Cork woman, 87, spared jail over fatality when pressing accelerator instead of brake 

Agnes Foley had been attempting to park in heavy traffic in Charleville when she mistakenly pressed the accelerator instead of the brake. File picture: Larry Cummins

The judge in the case against an 87-year-old motorist who fatally struck a woman and seriously injured a man after pressing the accelerator instead of the brake while parking in Charleville, Co Cork, said a custodial sentence was neither necessary nor desirable.

Imposing sentence, she handed down an 18-month prison term, fully suspended.

Judge Helen Boyle thanked the family of the late Mary Fehilly for providing such a beautiful portrait of her in their victim impact statements as she expressed her condolences to them on their loss. 

She thanked John Collins for his victim impact statement on his life-changing injuries and again referred to his assertion that what occurred was entirely accidental.

Agnes Foley, 87, of Farran, Charleville, was sentenced at Cork Circuit Criminal Court on Wednesday.

Judge Boyle said, “The headline sentence is 18 months but in view of all the mitigating circumstances I am satisfied it is not necessary or desirable to have an immediate custodial sentence in this case so I will suspend both sentences of 18 months for a period of 18 months.

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

Foley said: “I feel so guilty. Nothing will ever erase it from my mind. That day will always be a nightmare.” 

Judge Boyle said: “In terms of aggravating factors, none are present here. The evidence is that there was nothing untoward in her driving beforehand. It was a moment of inattention albeit resulting in tragic consequences for two people innocently standing on the footpath.

“The primary mitigating factor is the signed plea of guilty. The evidence is that Mrs Foley was completely co-operative with the gardaí from the beginning and at all times.” 

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. 

Foley had been attempting to park in heavy traffic in Charleville when she mistakenly pressed the accelerator instead of the brake. Her car mounted the kerb and pinned Mrs Fehilly, 72, and John Collins, 66, against a wall.

The late Mary Fehilly was a 'beautiful, caring, vibrant mother'. File picture

Mrs Fehilly died as a result of her injuries, while Mr Collins suffered life-changing injuries, including a fractured femur.

Foley pleaded guilty to driving without due care and attention, thereby causing the death of Mrs Fehilly, and causing serious bodily harm to Mr Collins. 

She wrote letters of apologies to both families and co-operated fully with the investigation, Garda Gleeson said.

Marjorie Farrelly, defending, said Foley had been driving without incident for 60 years and that there was nothing untoward before this accident happened to give rise to any concern about her driving.

The deceased woman’s daughter, Siobhán Fehilly, said their lives had changed forever on the day of the incident. "Mary Fehilly, our beautiful, caring, vibrant mother, was taken from us… 

"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.” 

Mr 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… 

"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.”