A 34-year-old man has been found not guilty of dangerous driving causing the death of a cyclist who had been on a Sunday outing with the Killarney cycling club on the N22.
The jury of 11 deliberated for a total of two hours and 31 minutes before reaching their unanimous verdict at the Circuit Criminal Court in Tralee, on Friday.
Sean O’Mahony, now aged 34, of Ballybeggan, Tralee, had denied the charge of dangerous driving causing the death of 36-year-old Edward Duggan of Firies, Killarney on November 15th, 2015 at Scart, Farranfore.
The jury had asked to view again dashcam evidence taken by a passing motorist which captured the late Mr Duggan among a group of four cyclists, going single file up Knockaderry hill– around 10 minutes before the collision.
The late Mr Duggan was at the rear of the group. He was dressed in black. Six kilometres from the group the green car driven by Mr O’Mahony was heading towards Farranfore. He had been going at moderate speed.
The jury could bring in three verdicts, guilty of dangerous driving causing death, guilty of the lesser careless driving causing death or not guilty, Judge Thomas E O’Donnell told them at the end of his charge, on Friday morning.
The Killarney cyclists had set out at 9am from Killarney, and had gone via Fossa to Milltown, Castlemaine, Tralee, Castleisland and Farranfore, and were returning to Killarney via the N22, the trial was told.
It was an exceptionally dark, wet morning and there had been gusts of wind, and there had been a glare when the sun suddenly came out.
The 36-year-old deceased had been “going well” and was in the lead group as they came towards the end of their 90km Sunday run at around 11.15am .
There was a tradition in the Killarney club of waiting for colleagues who had fallen behind. The leaders stopped after the crest of Knockaderry Hill, after Farranfore at Scart Cross on the N22, before setting out again.
However, within seconds and just 200 metres after setting off the cyclist ahead of the late Mr Duggan, Conor Kissane told of hearing a loud bang “like an explosion” and he looked back to see Edward Duggan on the ground.
An off-duty garda travelling two cars behind that of Mr O’Mahony’s told of seeing the deceased thrown into the air 19 or 20 feet.
The light-framed Giant cycle had been struck “squarely into the back wheel” by the green Corolla, driven by Mr O’Mahony, according to the technical evidence.
Excessive speed, alcohol or being on a phone, were not factors, and the accused Mr O’Mahony was of impeccable character, the jury had been told. Both car and bike were in good condition.
Mr O’Mahony told gardaí he was “blinded” by the sun suddenly coming out on the dark morning at the time of the collision and he did not see the cyclist.
He adjusted his visor and almost at the same time he felt a collision.
“I did not see the cyclist,” Mr O’Mahony said in his statement four days after the fatal incident.
John O’Sullivan, barrister for the defence, in his closing speech, said, “A host of things” had come together to result in the terrible tragedy — but this was not dangerous driving, he said.
Mr O’Sullivan also referred to the evidence of Garda O’Brien – that he had formed the opinion there was “a sense of urgency” on the part of the cyclists to get back out on the road again. A light on the cyclist’s saddle had not been switched on, and he was not wearing high visibility clothing, the jury also heard.