Cork court suspends prison term for driver who killed pedestrian

An 87-year-old woman from Charleville in County Cork will not go to prison for the death of a pedestrian, a ruling that concludes a legal process following a fatal car accident in November 2024.

Agnes Foley, who lives in Farran, Charleville, admitted to careless driving causing death and injury. At Cork Circuit Criminal Court, Judge Helen Boyle sentenced Foley to two concurrent 18-month prison terms, both of which were suspended in their entirety. The court also banned Foley from driving for five years.

The accident occurred on Main Street in Charleville on November 2, 2024, around lunchtime. Judge Boyle stated that Foley was attempting to park her car when she mistakenly placed her foot on the accelerator instead of the brake. The vehicle mounted the footpath and struck Mary Fehilly, 72, and John Collins, 68.

Fehilly, who lived on Holy Cross Place, was selling Charleville GAA lotto tickets at the time. She suffered catastrophic injuries and was treated by Dr Shane O’Donovan, an emergency medical consultant who happened to be passing. An air ambulance transported her to Cork University Hospital, where she died later that night. Pathologist Dr Yvonne McCarthy determined that Fehilly died from hemorrhage and shock caused by the collision.

John Collins, a recent retiree from Kerry Group, sustained a fractured pelvis and serious injuries to his left leg. In a victim-impact statement, Collins described his life as revolving around medical appointments. Despite completing 40 physiotherapy sessions and four lymphatic draining treatments, doctors informed him he would have reduced mobility for the rest of his life.

Siobhán Fehilly, acting on behalf of her father George and siblings Nollaig, Padraig, Maeve, and Gearóid, described their mother as beautiful and caring. The family said the loss had devastated them. Foley wrote a letter of apology to the families, stating that she felt guilty and that the day would always be a nightmare.

Defense counsel Marjorie Farrelly highlighted that Foley had driven without incident for 60 years and had no prior convictions. She noted that Foley entered an early plea of guilty and cooperated fully with the Garda investigation. The judge acknowledged that the early plea spared the victims the stress of a trial.

Judge Boyle stated that while the lapse in attention was momentary, the consequences were severe. She found no aggravating factors in the case. The judge also considered Foley’s age, her status as a widow, and the fact that she had been trapped in her car for 90 minutes while emergency services treated the casualties.

The legislation for the offense provides for a maximum two-year jail term. The judge ruled that a custodial sentence was not warranted given the specific circumstances. Foley has not driven since the crash, but the formal disqualification will last five years.