BREAKING: Tipperary motorbike rider 'mowed down' by van driver in 'tragic' crash

The wife of a motorcyclist killed by the driver of a van in county Limerick told a court “how do you explain to your child with multiple disabilities that his dad was mowed down while doing what he loves most with his two best friends?”

A car was driven alongside the van prior to the fatal collision. One of the car’s occupants hit the van with a baseball bat and shouted “you’re dead, you’re dead”, the court heard.

Prosecuting counsel said the motorbike was “essentially overridden by the van” with its rider  thrown into the ditch where he died “almost instantaneously”.

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A second motorcyclist seriously injured in the collision on the N24, Drombane, Dromkeen, county Limerick on January 4, 2020, lost his leg after 22 operations. He died in April 2022 from bladder cancer.

His wife said: “I believe in my heart that the trauma of the collision led to my husband's cancer. Many nights he was having nightmares, screaming, all he could hear was the crunch of the impact. He said it was a vision he could never get out of his head.”

Daniel Phillips, aged 35, of Crecora Avenue, Ballinacurra Weston, Limerick city pleaded guilty to dangerous driving causing the death of Maurice Fehilly, of Seskin, Kilsheelan and formerly Clonmel, county Tipperary.

Phillips also pleaded guilty to dangerous driving causing serious bodily harm to Thomas Traynor, of Bella Vista, Western Road, Clonmel, and driving without insurance.

A sentencing hearing took place in Limerick Criminal Circuit Court last Friday before Judge Sinead McMullan.

A second accused - Michael Stanners, aged 41, of Pineview Gardens, Moyross, Limerick city had pleaded not guilty to two counts of endangerment - intentionally or recklessly engaging in conduct which creates a substantial risk of death or serious harm to another. Stanners was found guilty on both counts by a jury following a trial.

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Phillips and Stanners were kept apart in the courtroom.

Prosecuting barrister Patrick Gageby SC, with Lily Buckley BL, instructed by State solicitor Brendan Gill, outlined the evidence with the assistance of Garda Barry Culhane.

Mr Gageby said Phillips, a woman and a child left Limerick city in a Hyundai van on the afternoon of January 4, 2020.  They drove to Tipperary Town on a “family matter” before returning to the city.

Counsel said Stanners was visible on CCTV driving a Toyota Avensis at multiple locations. Stanners was accompanied by three other persons in the car.

Mr Gageby said CCTV shows the Hyundai van and 16 seconds later the Toyota Avensis behind it driving “speedily” towards Dromkeen around 100kmph.

Counsel said the woman travelling with Phillips gave evidence in Stanners’ trial that a car pulled alongside the van, a person lent out the window with a yellow baseball bat, beat the edge of the van and shouted “you’re dead, you’re dead”.

The court heard both the van and car overtook vehicles on the wrong side of the road.

An eye witness said three motorcycles were being driven in the direction of Tipperary at moderate speed and in a responsible fashion.

Mr Gageby said the motorcycles being driven by Mr Fehilly and Mr Traynor were hit by the van driven by Phillips at high speed and on the wrong side of the road.

“Mr Fehilly’s bike was essentially overridden by the van causing that bike to be dismembered and Mr Fehily to be thrown into the ditch where it would appear he died almost instantaneously,” said Mr Gageby.

Mr Traynor was seriously injured and subsequently had his right leg amputated despite the best efforts of doctors.

“He was then overcome by an aggressive form of bladder cancer and died in April 2022,” said Mr Gageby.

The court heard Phillips’ van came to a stop when it hit a tree while Stanners' Avensis “disappeared” and “has never been since”.

“Both accused were later arrested. Stanners said he was not the driver of the Avensis and was not there,” said Mr Gageby.

Phillips answered all questions in garda interviews, was remorseful, saying he panicked and accelerated to put distance between himself and the car driven by Stanners, heard the court.

Judge McMullan was told Phillips has four previous convictions for no insurance, three driving without a licence, three  possession of firearms  / ammunition, five trespass and two for theft.

Stanners has 10 previous convictions for no insurance, seven for driving without a licence, two dangerous driving, one careless driving, one drug driving, one arson, one possession of an article, one production of an article and one theft.

Phillips was represented by Mark Nicholas SC, appearing with Antoinette Simon BL. Mr Nicholas put it to Garda Culhane that his client was driving at normal speed on his way to Tipperary and on the way back to Limerick until another vehicle which was spotted on CCTV  was “very close” to the van.

“The nature of the driving by the van changed significantly - from being very careful and measured to quite dangerous. Some external factor came into play to change the driving pattern,” said Mr Nicholas. This was accepted by Garda Culhane.

The victim impact statement of Mr Fehilly’s wife Loraine was read out by Mr Gageby. Mr Traynor’s wife Nancy and children Ciara and Dara read out their victim impact statements in court. 

Mr Nicholas said one could not but be moved by the moving and dignified victim impact statements, describing it as a terrible tragedy.

In mitigation, he said Phillips has pleaded guilty, made admissions at the scene, answered all questions in garda interviews and expressed genuine remorse. Defence counsel referred to his client being shot in the head in a case of “mistaken identity” in 2010 and has a significant brain injury.

Mr Nicholas said there was a fundamental change in  Phillips’ driving due to an external, unexpected and unprovoked event.

“Exercising imperfect judgment in a panicked situation gave rise to this awful tragedy,” said Mr Nicholas, who read out a letter of apology penned by Mr Phillips.

“I want to apologise to you for the pain and suffering that I have caused you. I think about what happened every day and regret my actions.  I know this will not change anything for you but I need you to know how sorry I am. I did not go out that day intentionally to kill anyone.

“I  am not looking for forgiveness. I know this will not bring your poor family member back but I wrote this letter from the bottom of my heart to assure you that I am so sorry and remorseful for the pain and suffering that you have to endure for the rest of your lives,” read out Mr Nicholas before handing Phillips’ letter to the judge.

Stanners was represented by Mr McInerney SC, appearing with Amy Nix BL. 

Mr McInerney said Stanners recognises this is a tragedy but doesn’t accept involvement in it.

“He acknowledges the verdict (when Mr Stanners was found guilty by a jury) but disagrees with it,” said Mr McInerney.

Judge McMullan said she will have to consider matters and adjourned matters to March 21 for judgement. 

Both men have been remanded in custody.