Dundalk court: Suspended sentence for fatally injuring motorcyclist

A businessman who struck and fatally injured a motorcyclist on the N2 outside Ardee, after he performed a u-turn, was given a 15 month suspended sentence at Dundalk Circuit Court last week and a two year driving ban.

Michael Maloney (40) of Carnagy, Golf Course Road, Letterkenny, pleaded guilty to careless driving causing the death of Finlay Power at Reaghstown, Ardee on September 11th 2021.

The defendant and his father were returning to County Donegal from the Mayo/Tyrone All Ireland semi-final in Croke Park, when he performed a u-turn to go back to a local restaurant for food.

His car collided with Finlay Power, from Hollyfort, Gorey, Wexford, who was travelling to see his girlfriend.

The 22 year old sustained catastrophic injuries and died in hospital two days later.

The court heard four people benefited from his family's decision to donate his organs.

Michael Maloney, who passed roadside drug and alcohol tests told gardai he had pulled in to the left, paused and after checking his rear view mirror and looking over his shoulder, he turned the car and as he straightened up he felt a thud and the driver’s door was forced in.

He said he didn't see any headlights in either direction, but the court heard Mr. Power was wearing a 'high vis' vest over his motorcycle gear and had reflective strips on his helmet and after seeing CCTV footage, the defendant accepted that the lights on the motorbike were on.

The court heard the defendant, who works in his family's nursing home business, had no previous conviction.

Last Friday in finalising the matter, Judge Dara Hayes said Mr. Power was there to be seen but the accused failed to see him and had failed to pay sufficient attention.

He noted there was an absence of speed, being under the influence of an intoxicant or the use of a mobile phone at the time, and the accused had not come to the attention of garda before or since the incident.

He imposed a 15 month suspended sentence and an €8,000 fine, along with a two year driving disqualification, from December 10th. 

Addressing the Power family said he was deeply sorry for their loss.