Lorry operator's prison term upheld after fatal crash near Clonmel

A 65-year-old haulier has failed to overturn his custodial sentence for causing the death of a former rugby player while at the wheel of a poorly maintained truck.

Lorry operator's prison term upheld after fatal crash near Clonmel

A 65-year-old haulier has failed to overturn his custodial sentence for causing the death of a former rugby player while at the wheel of a poorly maintained truck.

Gabor Mihalecz, residing in Laytown, Co Meath, was handed a 10-month jail term and a four-year driving ban in May after admitting careless driving causing the death of Mark McMullen, once a player with Garryowen RFC. The fatal incident occurred on the N24 at Barne, Clonmel, on July 31st, 2023.

At the Court of Appeal on Monday, a panel of three judges rejected Mihalecz's challenge to the severity of his punishment. The appellant's representatives, headed by Dermot Cahill, contended that the starting point of 20 months before reductions was excessive.

Presiding judge John Edwards outlined how the accused had been moving at 91km/h in a zone limited to 80km/h when his attention lapsed, sending the vehicle onto the opposing carriageway. When he applied the brakes, the wheels seized because the trailer had been improperly hitched, disabling the anti-lock system and triggering a jackknife.

The vehicle also suffered from a worn tyre with exposed metal and a load that was not properly fastened, though experts disagreed on whether the shifting cargo contributed to the loss of control.

In upholding the original decision, Judge Patrick McCarthy noted that aggravating circumstances included Mihalecz's status as a professional driver and his failure to spot that the connection indicator had not illuminated at startup. The court concluded the trial judge committed no error in principle.

Source: The Irish Times

Source: Irish Times