A Dublin Bus driver has appealed his conviction for careless driving causing the death of cyclist Mary White in Dublin just over six years ago.
Osborn Irabor’s appeal is based on a claim the trial
judge did not explain legal terminology at the end of his trial in a way the
jury members would have understood.
The Court of Appeal in Dublin was told on Tuesday that
during the trial in 2018 the jury had asked the judge to explain some terms but
it is claimed the judge then re-charged the jury using legal terminology.
Patrick Gageby SC, for Irabor, also asked the Court of
Appeal to consider what his client had done while driving on the day of the
fatal crash that showed he fell below the standard of care and attention
expected of competent drivers.
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He said Irabor was not on the phone, talking to people or
engaging in any other activity behind the wheel that may have distracted him.
After Tuesday’s hearing the Court of Appeal reserved its
judgment, meaning the outcome of the appeal will be known at a later date.
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Cyclist Mary White (55) died in hospital after being hit by a bus cutting a corner on Burlington Road, south Dublin.
She was taken from the scene, at a T junction on Burlington Road, at
about 9.40pm on November 17th, 2014. She died, of head injuries, two
days later.
Dublin Bus driver Irabor (60), French Park, Tyrrelstown, Dublin, had pleaded not guilty to the charge. However, he was convicted in October, 2018, on the charge of causing death by careless driving after a two-day trial.
When sentencing Mr Irabor in November, 2018, at Dublin Circuit Criminal Court, Judge Francis Comerford said there was no criminal intent in the case.
He believed the crash was caused by Mr Irabor not seeing Ms White on
her bike. This, the judge said, was because she was in a blind spot
created by the double decker’s wing mirror.
He added she was in that blind spot, cycling towards the bus as it turned the junction towards her, because Irabor had cut the corner and had not stopped at the junction.
Judge Comerford said the lapse in driving and its consequences did not warrant a term of imprisonment. Instead, a four-year driving ban was imposed and this would probably result in the driver losing his job.
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