A chip-shop owner has been fined €10,000 by Dublin Circuit Criminal Court as a result of an incident involving his jeep which led to the death of a 21-year-old student.
Judge Desmond Hogan also disqualified the accused from driving for five years, and gave him six months to pay the fine. However, he said that despite the offence having aggravating factors and notwithstanding the tragic consequences, he felt it did not warrant a custodial sentence.
Mr Zitouni Mekhalfia (46), who is Algerian, had pleaded guilty to reckless endangerment which led to the death of Mr David Keating, from Delafort Grove, Templeogue, at the junction of the South Circular Road and Emor Street, and to failing to remain at the scene of an accident on October 8th, 2000.
Mr Mekhalfia, of Crumlin, fled the country straight after the incident and the Garda traced him back to Algeria. Extradition warrants were sought but he agreed to come home voluntarily and face the charges.
Det Insp Michael O'Sullivan earlier said Mr Mekhalfia had been trying to drive around Mr Keating, a UCD student, who refused to move and was carried some eight metres on the bonnet of the vehicle before falling off and striking his head on the ground.
Mr Keating, who died as a result of head injuries he sustained in this fall, had stood in the way of the jeep while warning Mr Mekhalfia he was going to phone the gardaí because he had hit his friend, Mr Bernard Broderick, on the leg with a baseball bat.
The incident occurred after an altercation in which witnesses claimed racial comments were aimed at Mr Mekhalfia and his passenger, Mr Achmed Khalid.
Judge Hogan said Mr Mekhalfia, while driving home from work with Mr Khalid in the early hours of the morning, had involuntarily become embroiled in a set of circumstances with tragic and long-lasting consequences resulting in the unfortunate and untimely death of Mr Keating.
He said Mr Keating was a young man with prospects in the future which were now ended. With his unfortunate demise went the hopes, dreams and aspirations that not only he had but that his family had for him.
"It is also important for his good name to note there is no evidence before me that he was involved in any of the violence or racial abuse," said the judge.
"In all the circumstances, however, that while there are aggravating factors, such as leaving the scene which he should not have done, having regard to the totality of the story before me, including that there was abuse and his passenger was assaulted, it is is not a case where I should impose a custodial sentence. I won't do that," Judge Hogan added.
Det Insp O'Sullivan told Mr Brendan Grehan SC, prosecuting, that Mr Keating had watched the Ireland v Portugal World Cup soccer qualifier in a house with friends earlier that evening and they then went into the city centre for the night.
Mr Keating and three of his friends were walking along the South Circular Road at about 5.30 a.m trying to get a taxi home. They encountered Mr Mekhalfia and Mr Khalid at the junction of Emor Street and Victoria Street, after Mr Mekhalfia had closed up his chip shop.
Defence counsel Mr Patrick Gageby SC said that one moment of stupidity had led to the death of Mr Keating.