A FATHER OF THREE was hit and killed by a car just after he saved his companion's life by pulling him out of the way, a court heard yesterday.
The Dublin Circuit Criminal Court was told that Limerick man Mr Anthony Ryan (48) was carried for more than 300 on the bonnet of the car which was driven by Dermot Kirwan on the morning of July 23rd, 1994.
Kirwan (19), a meat factory employee of Derryfadda Clonlara, Co Clare, was remanded in custody to February 14th next to allow time for Judge Kieran O'Connor to consider sentence.
The defendant pleaded guilty to dangerous driving causing the death of Mr Ryan at Nicker Pallasgreen, Co Limerick.
He also admitted causing serious bodily injury to 40 year old Mr Sean Corbett on the same occasion.
Garda Sean Parsons told the court that the defendant, then 17 had been with friends in a pub where he drank moderately because he was driving. They went on to a disco and left for home at about 2.30 a.m.
Mrs Susan Kiely was travelling in a car with her husband John on the Limerick to Tipperary Road. They noticed the defendant's car in front of them being driven erratically and wavering from side to side at under 50 m.p.h. The road conditions were good, though it was very dark.
At about 4 a.m., at Nicker, Kirwan's car began swerving in and out of the hard shoulder before going in on the grass margin.
It travelled for 18 yards along the margin before it hit the two men.
Garda Parsons said Mr Corbett had been wheeling a bicycle and Mr Ryan was walking beside him. They had stopped to say goodnight near Mr Corbett's home when Mr Ryan noticed the car. He pulled Mr Corbett back, saving his life.
But both men were hit by the vehicle and Mr Ryan was lifted on to the bonnet, striking the windscreen. Mr Corbett was found on the ground nearby.
The car initially stopped after the impact, but then drove on again for 316 yards with Mr Ryan on the bonnet. Mr Ryan was dead on arrival at hospital.
A blood test on Kirwan, who was arrested at the scene, showed he was within the legal alcohol limit with 80 mgs of alcohol to 100 mls of blood.
Asked about the defendant's claim that he had met banks of fog that night, the witness said the Kielys did not encounter fog. He agreed there was a slight mist.
Tests on the defendant's car later established it had brake defects which could have caused it to pull to one side.
Dr Patrick Kelly told the defence counsel, Mr Anthony Sammon, that the defendant had been a patient of his for many years. The day after the accident he was called to his home and found Kirwan very distressed. He administered valium and sleeping tablets.
He was concerned lest Kirwan might harm himself and he advised him to go to a psychiatrist.
Kirwan's father had told Dr Kelly that his son had contemplated suicide and on one occasion he went to a bridge.
The defendant remained off work for 16 weeks and showed great sympathy for the family of the victim.
He appeared to have matured considerably since the accident and was very remorseful.
The counsel for the defence said the defendant would bear the wounds of what had happened for the rest of his life. He asked the court to deal with the case on a non custodial basis.