A jogger whose leg was broken in two places after an e-bike allegedly collided with him on a public footpath in Co Dublin has taken a criminal prosecution in the District Court over the incident.
The action by Karl Leonard, of Balglass Road, Howth, has potentially significant implications, including for users of e-bikes and insurers, concerning liability under civil and criminal law for such incidents.
Represented by barrister David Staunton, instructed by solicitor Lisa Daly, of EP Daly & Company Solicitors, Mr Leonard claims gardaí failed to properly investigate the incident, with the effect his only option was to issue a summons for a private summary criminal prosecution in the District Court on a complaint of alleged dangerous driving.
A core issue is whether or not the e-bike – described as a ENGWE EP-2 Pro Folding e-bike – is a mechanically propelled vehicle (MPV) notwithstanding the introduction, via the Road Traffic and Transport Act 2023, of the concept of a “powered personal transporter”.
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Mr Leonard claims the specifications of the e-bike, including having a 0.75 kilowatt brushless motor and maximum speed of 20-25km/h, make it a MPV.
When the case first came before Dublin District Court last week, it was adjourned by Judge Anthony Halpin to allow the defendant, Stephen Dunne of Russell’s Terrace, Kettles Lanes, Drynam Hall, Swords, seek legal representation.
In his proceedings, Mr Leonard alleges he was jogging at about 9pm on August 4th, 2024, wearing a high-vis vest and a light on his hat, between Swords Express (Holywell Close) bus stop 6311 and the roundabout at the top of the slipway from the M1.
Mr Dunne, he claims, was driving an electric bike at speed on the pedestrian footpath and collided with him, causing him serious injuries including broken bones in his left leg. One bone protruded through his leg, which meant his left foot turned 180 degrees, he said.
He was taken by ambulance to Beaumont Hospital and later underwent extensive surgery to his leg and to save his foot.
Mr Leonard claims the aftermath of the incident was observed by at least three witnesses who assisted him and took a photograph of the e-bike. He was also able to establish the identity of Mr Dunne, who remained at the scene.
A Garda attended the scene and took details but it appeared there was significant delay progressing the matter and recording it on the Pulse system to such an extent he considered no proper investigation of the incident was conducted, Mr Leonard said.
He has complained to the Garda Síochána Ombudsman Commission about that.
It was later confirmed to him gardaí were not taking a prosecution in relation to the incident, he said. When he sought a review from the Director of Public Prosecutions (DPP), that office had not received a file from gardaí about the incident.
Having received no reply from the DPP, and because the time limit for making a complaint was to expire on February 3rd, 2025, he applied in his personal capacity to make a complaint in the District Court of criminal conduct and asked the court to issue a summons in that regard. The court did so and the matter was then adjourned last week.
The alleged criminal offence arises under section 53 of the Road Traffic Act 1961, as amended, which makes it an offence to drive a vehicle in a manner, including speed, which is, or might reasonably be expected to be, dangerous to the public.
Section 3.1 of the Act defines a mechanically propelled vehicle as one, inter alia, intended or adapted for propulsion by mechanical means, including a bicycle equipped with an auxiliary electric motor greater than 0.25kw.
