The Dublin Bus driver denied the charge of causing the death through careless driving of cyclist Mary White. However, he has been convicted and will be sentenced in three weeks.
Dublin Bus driver guilty of causing cyclist’s death
A driver with Dublin Bus has been found guilty of causing the death by careless driving of Mary White while she was cycling.
The 55-year-old victim died in hospital after being involved in a road traffic collision 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 Osborn Irabor (58), French Park, Tyrrelstown, Dublin, had pleaded not guilty to the charge.
However, today at the end of a two-day trial a jury returned a unanimous guilty verdict after deliberating for two hours.
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Judge Francis Comerford adjourned Dublin Circuit Criminal Court until November 12th for a sentence hearing.
Victim impact statements from Ms White’s family and loved ones will be permitted at that hearing.
And Osborn Irabor will also be permitted to present references of good character.
The trial heard the driver had worked for Dublin Bus for the past eight years and had had a good safety record.
However, the hearing was also told by a Garda witness that Mr Irabor had “cut the corner” in his bus on the night of the fatal crash.
As a result, his bus was on the wrong side of the road when it hit Mary White while she was cycling.
The bus was turning right on Burlington Road as Ms White was cycling towards the bus from the right.
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The trial heard at the time of impact the bus had begun the turn up to five metres from the point where it should have yielded to traffic from the right.
Mary While had a hi-visibility jacket on, was wearing a helmet and also had lights.
The prosecution said on the opening day of the trial the victim was “available to see” on the road.
However, defence lawyer Garnet Orange SC said while some cyclists made the effort to be seen at this time of year, their bike lights faded over time.
He also told the court while some cyclists behave very well, others did not have such good records.
And today he said while Mary White was wearing a helmet it was not fastened. As a result, it was as useful as “a chocolate tea pot”.
He said the lights of the bus could not have caught Mary White, adding the street light where the crash took place was also broken.
The fatal crash, he said, was due to very bad luck rather than careless driving. He urged the jurors to ignore the “cyclists versus everyone else debate” when deliberating.
Prosecution lawyer Antonia Boyle BL told the jury the bus had cut the corner. She added evidence before the court that other buses did the same at the same corner did not make it right.
Garda Michael McHugh yesterday told the court he arrived on the scene while he was on bicycle patrol.
He saw a bus stopped in the middle of the road and then heard and saw the accused man in a distressed state.
Ms White was on the ground and was clearly very badly injured, the Garda witness told the court.
Mr Irabor was breathalysed and passed that test. A cyclist’s helmet and rear light were found at the scene.
Today Judge Comerford told the jury if they found that Ms White could not be seen by the accused man, who denied the charges, they must acquit.
However, the judge said the jurors must also ask themselves if the driving fell below acceptable standards. In the end they returned a guilty verdict.
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