A driver has been cleared of an Irish club cyclist's death on a club spin because the sun "blinded" him. The cyclist was on a Sunday morning club ride when fatally hit from behind. Ed Duggan was killed while training on the Killarney to Farranfore road (Photo by Mark Williams, home photo courtesy Brendan Slattery)
A motorist has been cleared of dangerous driving causing the death of a club cyclist after telling the court he was blinded by the sun at the time of the collision.
While the fatal crash occurred during daylight hours, the court was told deceased cyclist Ed Duggan was not using lights or hi-vis and was dressed in black cycling gear.
Kerry cyclist Ed Duggan died after he was hit by a car on November 15th, 2015, while cycling on the N22 at Scart, Farranfore, Co Kerry.
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A 36-year-old Killarney CC rider, Mr Duggan was out with his club mates on a Sunday morning spin at the time.
The vehicle that hit the deceased cyclist was driven by Sean O’Mahony (34) with an address at Ballybeggan, Tralee, Co Kerry.
Mr O’Mahony first appeared before Killarney District Court on Tuesday, May 17th, 2016.
The court heard back then the accused man had been charged with dangerous driving causing the death of Ed Duggan.
The court was also told at the time there was an alleged speeding dimension to the fatal collision. However, his trial was told he was not speeding.
Ed Duggan's death on a club training ride on a Sunday morning led to many tributes from across Irish cycling for the popular rider.
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Sean O’Mahony had denied the charge and at the Circuit Criminal Court in Tralee yesterday he was cleared of causing Mr Duggan’s death by dangerous driving.
Dashcam footage, recorded from another vehicle, showed Mr Duggan last man of four riding in single file up Knockaderry hill about 10 minutes before he was killed.
Mr O’Mahony’s car was also recorded, about 6km from the cyclists, being driven at moderate speed.
The cyclists had been out since 9am and were doing a 90km ride. The crash occurred at about 11.15am and towards the end of their ride.
The cyclists had stopped at the top of Knockaderry hill, as they normally did, to allow a regrouping.
It was a very dark, wet and breezy morning, the court was told. The sun suddenly broke through as Mr O’Mahony drove up behind the group.
This occurred just after the cyclists had set off again having stopped briefly and as the car was upon them.
The other riders heard a bang “like an explosion” and when they looked back Ed Duggan was on the road. And off-duty garda said he saw the deceased being thrown up 19 or 20 feet in the air.
The green Corolla car driven by Mr O’Mahony had struck Mr Duggan’s Giant to the back wheel.
After the crash Mr O’Mahony said he had been blinded by the sun and was adjusting his visor just when the crash occurred.
John O’Sullivan, a barrister for the acquitted driver, said a number of issues had combined to cause the accident. But he said it was not dangerous driving.
One Garda witness said he had formed the opinion there was a sense of urgency among the cyclists to get going again after stopping.
The jury could have convicted the driver of dangerous driving causing death or a lesser charge of careless driving causing death or it could clear the driver.
After 2½ hours the jury returned a verdict of not guilty. The prosecution had said it accepted Mr O’Mahony did not see Ed Duggan. But it argued the real question was should he have seen him.
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