Man jailed for dangerous driving which seriously injured Metro worker

Eimear Dodd

A man has been jailed for 32 months for dangerous driving, which caused serious injuries to a man who was working on preparatory works for the Dublin Metro.

John McDonagh (20) was driving on Ballymun Road when he struck the injured party, who was aged in his late 60s, on the afternoon of July 6th, 2023.

Dublin Circuit Criminal Court heard that the victim, who had a supervisory role with the Dublin light rail project, was wearing a high-visibility vest, helmet, and other protective gear. He was crossing the road towards the grass meridian when McDonagh struck him.

The victim sustained a serious head injury and other fractures. He spent almost a year in hospital following the incident, is now a wheelchair user and requires constant assistance, the court heard.

McDonagh, of Carton Road, Poppintree, Ballymun, Dublin 11, pleaded guilty to dangerous driving causing serious bodily harm.

He was jailed for 32 months and disqualified from driving for five years.

He failed to remain at the scene, but went to a local garda station an hour and 20 minutes later. He told gardaí he had smoked cannabis earlier in the day and handed over a bag of the drug.

A sample later tested positive for the presence of cannabis, the court heard.

There was no evidence that McDonagh was driving at excessive speed, and a forensic report put his speed below the road's 60km/hr speed limit.

McDonagh had no driving licence and was not insured at the time of the incident. He has no previous convictions.

In a victim impact statement read to the court by his daughter, the injured party said, “I don't have any level of understanding of the defendant's dangerous actions” on the day.

“His thinking, behaviour and reaction by leaving the scene is in complete contrast to my core values and how I have lived my life. I have always tried to do the right and decent thing and he definitely did not.”

Wheelchair user

He said he is now a wheelchair user and requires constant assistance. He said he has lost his independence, and a strain has been placed on his family, who are now caring for him. “The emotional toll of this crime has been profound,” he said.

He noted the anguish and trauma suffered by his wife and three adult children in the wake of the accident in which he was seriously injured.

The injured party noted that he has spent almost a full year as an in-patient since the incident occurred. He said “no words are sufficient” to convey the level of change “this dangerous act brought into my life”.

“It will simply never be the same again”.

He said he loved to work outdoors, including on DIY projects at home, but must now adjust to being unable to participate in these activities.

He said the accident resulted in the “abrupt end” to his career of 45 years.

Lost opportunities

He said he was working a supervisory role with the Dublin light rail project, and his injuries mean that intended opportunities post-retirement are no longer options he can look into.

He said his sense of purpose had been taken away, and the “pain and loss caused by this senseless act will remain with us forever”.

The injured party said his family have a heightened awareness of road safety, having suffered the “devastating loss” of their then 22-year-old daughter in a road collision over 20 years ago.

He said he is deeply aware of road safety, and nurses noted while he was in hospital that he bid visitors farewell by saying “be careful on the road”.

He said he was told the nurses were struck by this, as they were looking at a “broken man” who had been injured in a collision.

He said his life was “catastrophically altered” by the accident. He also noted the impact on his wife, who did not anticipate becoming a full-time carer for her husband. He said she has no freedom outside of the home, as she is also supporting their youngest daughter.

“She is my saviour and a living saint,” he said, of his wife.

Imposing the sentence on Monday, Judge Martin Nolan noted that the victim - a “previously energetic man” who lived a very full life - sustained very serious injuries in the incident.

The judge said it seemed that McDonagh did not see the victim or take appropriate action to prevent the collision.

He said it was aggravating that McDonagh did not remain at the scene, had no insurance or driving licence.

Cannabis

The judge also noted that McDonagh had taken cannabis, which “inhibits people's reactions and judgements”, adding that it was hard to say if the drugs hadn't been taken that the accident would not have occurred.

Having considered the mitigation, Judge Nolan handed McDonagh a sentence of 32 months and disqualified him for driving for five years.

Addressing the victim, the judge said he was “very sorry for your tragedy” and expressed the court's hope he could receive “some comfort and satisfaction” as time goes on.

Garda Peter Morris gave evidence that the injured party was crossing to the grass meridian, but not at a controlled crossing point.

There was no traffic while he was crossing, but it was oncoming. The road was wet, but it was not raining.

He said it is the State's case that McDonagh should have had time to see the victim crossing the road.

It was noted that a lorry on the road may have obscured McDonagh's visibility of the victim, however, other drivers saw him crossing the road.

Gda Morris said McDonagh was in a state of shock when he presented at the garda station. The defendant accepted responsibility, apologised and was afraid he had killed the victim.

The vehicle had no defects when examined. McDonagh told gardaí he bought the car for €600 shortly before the collision occurred and intended to give it to his mother.

He admitted that he had limited driving experience.

Gda Morris agreed with Michael O'Higgins SC, defending, that the stretch of road was busy at the time and that roadworks were being carried out on a parallel road.

It was accepted these were preparatory works for the Dublin Metro and men were required to cross back and forth over the meridian.

There was no temporary speed limit in place on the road at the time.

The witness also agreed that while McDonagh said he would never drive, he has obtained a learner's permit.

Mr O'Higgins said his client wished to apologise for his actions and its consequences.

He said the victim impact statement was “harrowing, articulate, measured, dignified”.

He submitted that his client had an awareness of the impact of his actions and is very remorseful.

McDonagh was 18 at the time and from the Travelling community. Mr O'Higgins said his client had experienced some family tragedies, has mental health difficulties and his parents were in court to support him.

He submitted that this was “not a case of furious driving” and was at the lower end of the range for dangerous driving.

He noted his client should not have taken cannabis, but said there is no evidence this was a decisive factor, though McDonagh's reaction times would have been affected.