Stickybottle

Dubliner with 12 driving bans jailed for six years for hitting cyclist

Posted on: March 15th, 2019

A man was jailed for six years after hitting a cyclist in a car that he said he wasn’t driving. The victim’s life was destroyed by the incident.

 

A man with over 90 previous convictions has been given a six-year prison sentence after being convicted of hitting a cyclist while driving and then leaving the scene.

Jonathan Wainyae, a 33-year-old Dubliner from St Attracta Road in Cabra, was serving a driving ban at the time of the crash in 2016.

However, despite the ban he was on the road and hit cyclist Jones Justino DaSilva.

He then fled the scene and when tracked down he insisted he had never left his then girlfriend’s house on the night in question.

Wainyae was sentenced by Judge Patricia Ryan on Friday at Dublin Circuit Criminal Court.

After initially insisting he was not the driver, he pleaded guilty to dangerous driving causing serious bodily injury and to failing to stop.

He was sentenced to six years, with one year suspended on the dangerous driving charge. And two years in jail were imposed for failing to stop.

However, those two sentences are served at the same time and with one year suspended it meant his sentence in reality was five years.

The judge also backdated the sentence to July 12th last year when he was charged, meaning he already has eight months served.

He is serving another sentence for robbery at present which was imposed in 2016.

Many of Jonathan Wainyae’s 92 previous convictions are for motoring crimes thought he also has some for theft, drugs and assault.

He has been banned from driving a total of 12 times for various offences and has been a heroin addict. Indeed, part of his sentence for his latest hit and run conviction was a driving ban of 25 years.

The court was told Jones Justino DaSilva, from Brazil, was cycling home after a shift at a restaurant in Howth when Wainyae hit him in his girlfriend’s car on Strand Rd, Baldoyle, Dublin, on July 9th, 2016.

The car Wainyae was driving was tracked back to his then girlfriend’s home. Its windscreen and bumper were damaged and two tyres were burst.

While Wainyae said he was not the driver who hit the cyclist, his phone records showed he was in Howth on the night when he claimed he was in his girlfriend’s home.

And when items of his clothing were taken for analysis, fragments of glass from the car’s broken window were found in the clothing.

The court was also told the victim became depressed and suicidal after the crash in which he fractured his spine and right leg.

He was also forced to go back to Brazil as he could not return to work and his marriage broke up under the strain of the situation.

This was despite having come to Ireland with his wife to learn English and so they could broaden their horizons. The crash changed all of that, the court was told.

Wainyae apologised in court, saying he wished he could turn back the clock. And despite the victim’s injuries and the impact the crash had on him, he accepted the apology.

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