'A very grave case': Limerick man jailed for causing serious harm to GAA star

A JUDGE has jailed a Limerick motorist for three years for dangerous driving causing serious bodily harm to a Kerry footballer who had to learn to walk again after the head-on collision in Abbyefeale.

Seán O’Leary, an All-Ireland minor winner, suffered “incalculable” physical injuries to his legs, fracture to his sternum, and suffers from PTSD following the head-on collision. Mr O'Leary - who was a 22-year-old UL student at the time of the collision -  described seeing the white bone of his right femur sticking out through his Kerry GAA tracksuit.  

 Mr O'Leary  lost an inch in height, as, following surgeries, one leg was shorter than the other. An inch of bone had to be taken from his other leg.

Michael Harty, aged 22, of Lisheen Park, Patrickswell had pleaded not guilty last month to dangerous driving causing serious bodily harm at Kilconlea, Abbeyfeale on July 10, 2021. He was found guilty following a trial.

Mr Harty, who has a previous conviction for driving at 168kms in a 100km zone at Monearla, Adare, was before Judge Sinead McMullen in Limerick Circuit Court for sentencing on November 6.

Prosecuting barrister Lily Buckley, instructed by State solicitor Brendan Gill, outlined the evidence with the assistance of Garda Peter Sheeran.

Ms Buckley said Mr O’Leary and his girlfriend Emma O’Connor were returning home from a Munster championship match between Kerry and Tipperary in Thurles. Ms O’Connor was driving a Peugeot car and Mr O’Leary was in the passenger seat.

Ms Buckley said at around 11pm they were driving on a wide bend, approximately 300 metres from the Kerry border. “An Audi travelling in the opposite direction pulled out to overtake a vehicle, veered onto the wrong side of the road and was heading straight for them (Peugeot). Ms O’Connor pulled into the hard shoulder. She swerved to the right just before the crash. At all times she remained on her own side of the road,” said Ms Buckley.

Emergency services attended at the “scene of carnage” and Mr O’Leary was rushed to hospital where he required eight units of blood.

“He was in a wheelchair for four months, had to learn to walk again after four surgeries. He suffered two broken legs, two compound fractures, fracture to his sternum. 

“When he commenced walking, unfortunately, the breaks in his leg had mended in such a way that one leg was shorter than the other which required a further surgery to try and even that which resulted in an inch of bone taken out of the longer leg. This resulted in a further period of recuperation and he lost an inch of his height,” said Ms Buckley. Ms O’Connor damaged her left cruciate in the collision.

Ms Buckley said Mr O’Leary  is unlikely to be able to return to the level of fitness and ability to engage in sporting activities that he had prior to the crash.  The prosecuting barrister said prior to the collision the victim had hopes he might play for Kerry seniors in the Munster final but he attended in a wheelchair.

Mr Harty was represented by Brian McInerney SC, appearing with Amy Nix BL. Mr McInerney handed in letters from a Fr Cussen who knows the accused and his family, and a Mark Heffernan, chairperson of Carew FC. Mr McInerney said his client is involved in outreach coaching with the Traveller community and is held in high regard in the club.

The senior counsel read out a handwritten letter of apology by Mr Harty to Emma and Sean. He wrote that he did so with deep regret and a heavy heart.

READ MORE: ‘I could see the white bone of my right femur sticking out’: GAA star describes horrific collision in Limerick

Judge McMullen put matters back to November 15, to give her time to  consider her verdict. Last Friday, the judge said it is not an easy case to assess because it doesn’t have some of the usual hallmarks that other cases of this nature have but it has other very serious factors. She said there was no evidence of speed but Mr Harty was overtaking on a bend at 11pm at night.

“We have heard in some detail of the life-altering injuries caused to Mr O’Leary and injuries caused to Ms O’Connor,” said Judge McCullen.

The judge said the mitigating factors were that there was no evidence of speed, no drugs or alcohol in Mr Harty’s system, no defects in the vehicle, all his documentation was in order and he was a young man of 19.

Judge McMullen imposed a four year jail sentence with the last year suspended to incentivise Mr Harty to lead a pro-social life in the future. She disqualified him from driving for 10 years. “It is a very grave case where serious harm was caused,” said Judge McMullen.

After the case concluded, Mr O'Leary told the Leader he wished to thank paramedics, firefighters, staff at University Hospital Kerry, physios, consultants, Irish Blood Transfusion Service, gardai including Garda Peter Sheeran, State's legal team of solicitor Brendan Gill, and Lily Buckley BL, girlfriend Emma, friends and family “that have helped me”.