A former Kerry county councillor, Eamon Barry (44), successfully appealed at Tralee Circuit Court yesterday against a 10 year driving disqualification imposed for his involvement in a traffic accident in which a cyclist was fatally injured.
Judge Kevin O'Higgins affirmed a £1,000 fine for failing to remain at the scene of the accident, but ruled that Mr Barry should not be deprived of his driving licence. The judge said the case was different from a hit and run accident because the appellant had returned to the scene and later identified himself at a Garda station as the driver involved in the accident.
Mr Edward O'Sullivan, State solicitor, said that Mr Barry, of Clashmealcon, Causeway, may have been driving too close to a car which pulled out to overtake the cyclist. Having struck the cyclist 17 year old Ein Gowan Mr Barry left the scene, but he returned later and an off duty garda stationed in Dublin asked him to help stop oncoming traffic. The appellant did not identify himself to that garda as the driver involved in the accident, but did so some hours later in a garda station.
Mr Henry Downing barrister, said that his client was not appealing against a £100 fine in respect of the offence of careless driving. Mr Barry accepted that he had left the scene, which was a very serious matter, but one which would have been more serious if he had been trying to avoid detection. It was clear that he had been very shocked and distressed at the time.