A garda who caused the death of a 75-year-old pedestrian through careless driving wanted to personally express his remorse to her family, a court has heard.
Warren Farrell (33), who was based in Ballyfermot, Dublin, was driving a marked patrol car in response to an incident at a Topaz garage when the vehicle struck Elizabeth Core.
Thomas Core, Mrs Core’s son, described his mother as “a singer and a dancer and always the life and soul of family gatherings”.
Reading from his victim impact statement, Mr Core said his mother was fit and healthy for her age and had many more years of her life left. He said his father’s health deteriorated after her death and he died about two years after her death.
Det Supt Colm O’Malley offered “sincere condolences” to the Core family for their tragic loss on behalf of Farrell and An Garda Síochána.
Not appropriate
He agreed with Patrick McGrath SC, defending, that Farrell had always wished to extend his condolences personally, but that it would not have been appropriate while the court case was ongoing.
He outlined how Farrell has since created and managed a specialist CCTV unit and has provided critical evidence in securing convictions against serious criminals. He said Farrell had also been nominated for the Scott Medal for Bravery for facing down raiders carrying guns, while unarmed, with his colleague and without backup.
Farrell had pleaded not guilty at Dublin Circuit Criminal Court to dangerous driving causing the death of Mrs Core at Fonthill Road South, Dublin, on August 28th, 2014
A jury convicted him by majority verdict after a trial last December on an alternative charge of careless driving causing death. Judge Cormac Quinn had advised the jurors they could convict on this alternative charge.
James Butler, an investigator with the Garda Síochana Ombudsman Commission (Gsoc), described how Farrell’s car collided with Mrs Core.
He said Farrell told Gsoc he was satisfied before collision that his car’s blue flashing lights and sirens would have alerted Mrs Core and she would have remained on her side of the road.
Mr Butler told James Dwyer SC, prosecuting, that Farrell said he continued driving at the same speed as a result. Mr Butler said the Director of Public Prosecutions had rejected an offer of a guilty plea on careless driving causing death and the matter went to trial.
Evasive action
He agreed with Mr McGrath that Farrell had taken evasive action before the collision, but his vehicle’s tyre burst and he was unable to mount a footpath to avoid impact.
Mr McGrath submitted to Judge Quinn that there exists a “tension” from expecting unarmed gardaí to get to an incident as soon as possible and in a manner that does not pose risk to public safety.
He said his client did not sit on his laurels in the years since but took up an alternative career, developed an “invaluable” skill set and is active in a new and increasingly important area of work. He asked Judge Quinn to consider the careless driving in this case as at the lowest end of the scale.
He added that Farrell, as a token of remorse, would make a contribution to any charity nominated by the Core family if they wished.
Judge Quinn told the court he needed time to consider the evidence and testimonials handed to him on Farrell’s behalf and adjourned the case until March 12th. He added that the Core family would need time to consider their response to the offered charity contribution.