A truck driver who admitted causing the death of a Northern Irish leisure cyclist has avoided going to prison. Instead of a custodial sentence, the driver was sentenced to 100 hours of community service and was banned from driving for 15 months.
As the family of deceased cyclist, Martin Poland, wept in court as the non-custodial sentence was passed down, the judge told them “anything this court does or says can never do anything to take away the pain and the loss the family will suffer as a result of this incident”.
Mr Poland, who was a keen cyclist, had set off on a Sunday morning ride when he crashed from his bike and suffered fatal injuries even though he was wearing a helmet. And while he was also wearing hi-vis clothing, the truck driver claimed he did not see Mr Poland crash and so kept driving, though he was later traced and prosecuted.
Advertisement
Neil James McVeigh, a 37-year-old Co Down truck driver, admitted causing the death of father-of-one Mr Poland (54) on the Annalong Road, Kilkeel, Co Down, in September 2020. He was initially charged with causing death by dangerous driving but then pleaded guilty to the lesser charge of causing death by careless driving.
Judge Gordon Kerr KC, at Newry Crown Court, also said McVeigh must spend a year on probation as well as undertaking 100 hours of community service and serving his 15-month driving ban.
Related News
Before the change of charge and guilty plea, the trial of McVeigh, Ballykeel Court, Ballymartin, got underway last month. It was told McVeigh overtook the Mr Poland by leaving a gap of “50 centimetres or 20 inches” between his truck, with trailer, and the handlebars of the victim’s bike as an oncoming vehicle was also on the road.
Mr Poland, a married father of one, fell from his bike after the overtaking on Sunday, September 13th, 2020. He had left his home on the bike at 10am for a spin and crashed, suffering fatal injuries, at about 1.20pm. While he was airlifted from the scene to Belfast’s Royal Victoria Hospital, he died five days after the crash. He had suffered a fractured skull, bruising and laceration to the brain and eight broken ribs.
The court heard evidence that the prosecution was not claiming there was a deliberate aim to harm or kill Mr Poland. Rather, it was claimed the standard of driving “fell far below” what was required and that McVeigh passed Mr Poland too closely, resulting in the crash that proved fatal. Both Mr Poland and the truck driven by McVeigh were traveling in the same direction when the overtaking move took place. The court was told of evidence of a couple in an oncoming vehicle, Chloe and Peter Heelham.
“The driver of the lorry flashed its lights as it made its way towards them and Mrs Heelham will say that the lorry was over the white line on the other side,” prosecuting KC Samuel Magee told the court.
He also said Mrs Heelham pulled over and came to a stop on the grass verge as the truck overtook Mr Poland. As the lorry passed their vehicle, it caused their car to shake. And when they looked back the road, they saw Mr Poland shake on the bike and crash in the immediate aftermath of the overtaking move. While McVeigh did not stop, inquiries made by the police connected the vehicle to him. He said he had no knowledge of the crash or causing a cyclist to fall and initially denied the charges.
