A 24-year-old man has walked free from court despite causing the death of a cyclist in a hit and run and after telling the judge he was very sorry.
A motorist who left the scene of a road traffic collision after fatally injuring a cyclist has escaped a jail term and been fined €10,000 instead.
The Brazilian driver who killed cyclist John White (68), St Laurences Field, Loughrea, Co Galway, could have been jailed for up to seven years.
However, he walked free from Galway Circuit Criminal Court after telling Judge Rory McCabe he panicked on the day in question and was now deeply remorseful.
Judge McCabe imposed the maximum fine and suspended Antonio Altivo De Oliveira Filho (24), from driving for two years.
But he said the interests of justice would not be served by sending him to prison.
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The fatal collision occurred at Cuscarrig, Loughrea, Co Galway, on April 23rd last year.
Filho, with addresses in Loughrea and at Tone St, Ballina, Co Mayo, was charged under new legislation which deals with a suspect’s failure to help an injured person despite being aware they had injured them.
Judge Rory McCabe said justice would not be served by jailing the Brazilian man who fatally injured John White and then left the scene.
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Filho was accused of being the driver of the car that caused injury to Mr White and, knowing injury had been caused that required medical assistance, failed to notify gardaí or report the incident as the nearest Garda station, so that Mr White might be taken to hospital for medical assistance, contrary to the Road Traffic Act 1961, as amended by section 17 of the Road Traffic Act 2014.
He pleaded guilty last December but was only sentenced last week.
The court was told Mr White was cycling along the Loughrea to Gort road just after 8.30pm when he was hit from behind by a car that did not stop.
Another driver who had just overtaken Mr White saw the collision in his rear view mirror, with Mr White thrown through the air.
He noted the registration of Filho’s car and then stopped to help Mr White, who was taken to hospital but died the following day.
He had suffered head and chest injuries. He was a single man who lived on his own locally.
Barrister Conor Fahy, prosecuting the case for the State, told the court Mr White was wearing dark clothing and no high-vis jacket.
Filho was in the country illegally at the time of the collision and told Judge McCabe he wanted to return to Brazil if he was given the opportunity.
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