A haulier whose dangerous driving left a cyclist paralysed has been permitted appeal a 15-year driving disqualification handed down to him three years ago.
Tim Walsh (51) from Moneen, Glanworth, Co Cork, was also jailed for three years after he admitted dangerous driving causing serious injury to Vincent O’Driscoll on the Cork-Macroom road in August 2013.
Walsh had not appealed his sentence but, after finishing it last year, when he sought to return to work he found he wanted to appeal the disqualification element. However, he was out of time to do so.
As a result of an application to the Court of Appeal, he was granted a short extension of time to allow him appeal the disqualification.
In July 2014, the Circuit Criminal Court heard there were 70 defects on the truck which hit Mr O’Driscoll but Mr Walsh, who knew about them for two months, had done nothing to remedy them.
The defects included a broken side mirror which the trial judge said was instrumental in restricting Walsh’s view as he overtook Mr O’Driscoll’s bike.
Mr O’Driscoll (31), a former triathlete, was knocked off his bike and left paralysed after his spinal column was crushed.
Walsh was given a four year jail sentence, with the final year suspended, along with a 15-year ban.
In granting an extension of time to appeal the driving ban, Mr Justice Michael Peart, on behalf of the appeal court, said Walsh was released from prison on January 16th 2016 and to his credit had got employment in Haulbowline.
The impact of not being allowed to have a driver’s licence then became apparent to him, the judge said.
He recieved advice from his lawyers after he was sentenced and his focus was on the imprisonment element, not the driving ban. He was advised the jail sentence itself did not warrant an appeal on the basis of severity, the judge said.
If the 15 years stood, or even if he applied for restoration of his licence after ten years, as he would be entitled to do, this would still effectively be towards the end of his working life, the judge said.
Mr Justice Peart said the court had, to a large extent, excluded from its consideration what appeared to be very significant aggravating factors.
The merits of the appeal were a matter for any appeal hearing in the future and the justice of the situation merited Walsh being granted a short extension of time to appeal the disqualification, the judge said.
