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Driver of car which killed pedestrian found not guilty of careless driving

Jul 7, 2022 18:03 By radiokerrynews
Driver of car which killed pedestrian found not guilty of careless driving
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A Causeway man whose car struck and killed a pedestrian in his 60s six years ago has been found not guilty of careless driving causing death.

26-year-old Joseph Diggins of Drummacurra, Causeway was driving from Ballyroe to Tralee when the incident occurred on May 31st 2016.

62-year-old Michael Martin died as a result of the injuries he sustained.

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A jury of eight men and four women deliberated for just under two and a half hours in this case.

Their task, as was set out by Judge Catherine Staines, was not to decipher whether Joseph Diggins intentionally caused harm to Michael Martin but whether he was driving without due care and therefore acted with a degree of negligence.

Alcohol, she said, was not a factor in this case, nor was the use of a mobile phone.

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The visibility on the day was considered a factor as witnesses testified that there was a strong glare from the sun facing those driving in the same direction as Joseph Diggins.

Mr Diggins, who was 20 at the time of the incident, was on a provisional license, driving his mother's black Toyota Corolla unaccompanied.

Mr Martin, who was said to be walking on the left hand side of the road with a leg on either side of the yellow line, was wearing a high-visibility jacket when he was struck on the rear right side by the black Toyota Corolla around 8.30am.

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Michael Martin was pronounced dead at the scene.

Mr Diggins did not react when the jury returned the not guilty verdict.

The jury was dismissed and relieved from further duty for three years.

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