Laois biker receives prison sentence after leaving fallen passenger ‘for dead’ 

A MAN who left a seriously injured, unprotected pillion passenger on the road after he fell off his motorbike on a trip from the pub on Christmas week was jailed for the maximum available sentence of nine months last week (11 February). 

Alan Kelly (54) from Ballinkill, Ballickmoyler, Co Laois appeared in Athy District Court after he changed his plea to guilty the day before the court on six related charges, all stemming from the incident.

These include dangerous driving and four hit-and-run charges – failing to stop, remain, assist or report the accident on the N78 at Killygenard, Ballylinan, Co Laois on 23 December 2023.

“On the night in question, the 47-year-old pillion passenger had no helmet or protective clothing, and when he fell off suffered extensive injuries,” said Sergeant Dave Hanrahan.

“He suffered a broken hand, a broken foot, a number of fingernails that had to be sewn back on; he needed 40 staples to the back of his skull, half of one buttock cheek was gone and he required a number of skin grafts,” said Sgt Hanrahan.

“Life-changing injuries?” asked Judge Desmond Zaidan, and the sergeant readily agreed.

“It’s a miracle this man survived,” commented the judge, before adding: “But it would appear the nature of the life-threatening injuries are not reflected by the summary nature of this court."

“I just don’t understand the legal thinking behind these charges." said the judge, suggesting this may have been heard in a superior court due to the seriousness of the injuries.

'ACTING THE MAGGOT'

However, Sgt Hanrahan explained the DPP’s thinking.

“Judge, these charges were tempered, in fact. Mr Kelly and (named injured party) were friends, both were acting the maggot coming from a licensed premises,” he said.

“You’re not telling me the man on the back was enjoying himself so much he decided to jump off?” the judge asked rhetorically. “This was caused by dangerous driving and that’s the end of it."

The judge then checked with the practitioners on what was the maximum sentence he could give and appeared disappointed when it was confirmed it was three months for a hit-and-run offence and six for dangerous driving.

“And I’m supposed to give discounts for guilty pleas and no previous convictions, according to the Supreme Court?” sighed the judge.

“The evidence was given most fairly,” said defending solicitor John O’Sullivan. “But it was probably not the wisest course of action to take the motorbike that day."

“The friendship has taken a bit of a battering, but my client has visited him in hospital ... he just panicked” he revealed. 

“He left his friend for dead,” countered the judge.

“My client made full admissions, had proper insurance and the injured party will be properly compensated,” said Mr O’Sullivan.

“He was very lucky he didn’t have his brain splattered all over the road,” said the judge.

“I would ask you to consider not giving a custodial sentence, perhaps suspended?” pleaded Mr O’Sullivan.

“How long before this man was rescued?” asked the judge. 

“There was traffic on the road who saw it,” said the sergeant. “He was in hospital for three weeks after, but my understanding is he will make a full recovery."

“The prosecution has given their reasons why they brought these charges and I don’t agree with them,” said the judge, “but I will treat him as a first-time offender”.

“The evidence of witnesses was that he was driving erratically,” said the sergeant, which Mr O’Sullivan rejected.

The judge said: “There’s a lot of lessons to be learnt from this – the moral of the story is to wear appropriate clothing … you play with fire and you’re going to get burnt.

"These two men are not exactly teenagers and it is a miracle the injured party survived … his pain and suffering must have been unimaginable."

He added: “I’m being realistic, he’s pleaded guilty, shown remorse, stayed in touch with the victim and I accept he didn’t set out to cause this, but these offences are at the upper end and a message has to be sent that you’ve got to respect the road, and failure to do so can lead to significant loss of life.

“Mr Kelly is a danger to himself and other road users. He knew his pillion fell off and he just kept going, and I find that difficult to accept.

“The natural instinct is to pull in and dial ‘999’ and not make good your escape.

“I am satisfied the aggravating features far outweigh the mitigating circumstances and I’m satisfied none of the other options would be appropriate.

“I’m not imposing a custodial sentence because of my difference of views with the DPP, but you could be facing far harsher sentencing in a superior court.

“This merits the maximum I can give,” he said, before sentencing Mr Kelly to six months in prison for the dangerous driving and a further three consecutive months for the failing to assist charge. 

He took the other three offences into consideration. He also banned him from driving for six years and set his appeal bond at €500.