Tralee Circuit Court has heard a young man suffered a serious head injury after falling off the bonnet of a moving car four years ago.
The driver of the car, 23-year-old Cillian Baker of Oak Lodge, Crotta, Kilflynn, was struck off the road for two years but avoided prison.
Judge Alec Gabbett praised Mr Baker, who stayed at the scene and immediately went to the assistance of Ryan Guerin, who had fallen from the bonnet.
Judge Gabbett delivered his judgment in the absence of Mr Baker’s legal representatives, due to the ongoing withdrawal of services by solicitors.
Mr Baker was out for a drive with his girlfriend in his Volkswagen Golf on 11th July 2022 in Tralee, when they came across a group of young people who had been out for food and drinks.
One pedestrian decided to race the car down Brewery Road, and then one jumped on to his bonnet and jumped off again without injury.
Having seen this, Ryan Guerin then decided he was going to have a go and jumped on the bonnet of Mr Baker’s car.
The court heard Mr Baker was driving between 25-32km/h, when Mr Guerin was ejected from the bonnet and hit his head off the kerb.
Judge Alec Gabbett described the incident as play-acting, and noted the importance that Mr Baker was sober at the time.
Mr Guerin suffered quite a serious head injury, resulting in a brain bleed, but the court heard he admitted he was also partly to blame for engaging in this behaviour himself.
Judge Gabbett said Cillian Baker was seen and heard on CCTV as being in a frantic state after the incident, and he praised Mr Baker for remaining at the scene and immediately going to help Mr Guerin.
Mr Baker pleaded guilty to a count of careless driving causing bodily harm to Mr Guerin.
Judge Gabbett said there were no aggravating factors in the case, but in mitigation he said Cillian Baker made full admissions, was very remorseful, has no previous convictions, and there were excellent testimonials.
Judge Gabbett handed him a 12-month sentence, fully suspended for three years, while he also disqualified him from driving for two years.
Judge Gabbett delivered his judgment in the absence of Mr Baker’s legal representation, due to the ongoing withdrawal of services by solicitors over legal aid fees.
Neither Mr Baker’s solicitor, Brendan Ahern, nor barrister Richard Liston, were present in court for the judgment.
Barristers are not directly involved in the industrial action, but barrister Richard Liston had told Judge Gabbett he could not act in the case as he did not have instructions from Mr Baker’s solicitor, who had withdrawn his services.
