A man who was disqualified from driving for 20 years when he fatally injured a 14-year-old boy in a hit-and-run has been told his driving licence will be restored in mid-2027.
Ruadhan Tracey, 44, of Lagore Green, Dunshaughlin, Co Meath, received a 20-month sentence in 2014 after he pleaded guilty at Dublin Circuit Criminal Court to careless driving causing the death of Conor Hickey at Faussagh Road, in Cabra, on 2 December 2011.
He also admitted a charge of failing to remain at the scene of an accident.
The maximum penalty available to the court was two years and the maximum penalty available for leaving the scene of an accident was 16 months.
Detective Garda Jonathan Brady confirmed at an earlier hearing that Conor Hickey's family and the gardaí are opposed to the restoration of Tracey’s driving license.
At that 2014 sentence hearing, then Judge Mary Ellen Ring said she was bound by the legislation before she imposed the prison term and disqualified Tracey from driving for 20 years.
Pieter Le Vert BL, prosecuting, said today that under Section 29 of the Road Traffic Act 1961, a person can apply for restoration of their driving licence after half of the period of disqualification has passed.
He noted that if the court made the order, it must set a date which is two-thirds of the way through the period, which would be in May 2027 in this case.
He said that Tracey, who has no previous disqualification, is eligible to make the application under the criteria outlined in the act.
Judge Orla Crowe said there were "very tragic circumstances" in this case, and that as a result of Tracey's careless driving, he caused the death of a 14-year-old child, whose loss is undoubtedly still felt by his family.
The judge noted a submission made by the Director of Public Prosecutions that the disqualification was the only penalty, as Tracey was serving another sentence at the time of his 20-month sentence.
However, she said disqualification "is not a penalty, but an ancillary order made by the court".
She said the fact that Tracey was serving another sentence at the time did not take away that he did serve 20 months for what "must have been a terrible tragedy".
The judge said the court had considered the matter and was of the view that it was appropriate to restore Tracey's driving licence.
She said he has "forged a different bond with society since 2018" and "people are entitled to make their sincerest effort to rehabilitate".
Judge Crowe directed that Tracey's driving licence should be restored from 12 May 2027.
During a hearing last month, Mr Le Vert outlined the evidence heard in the previous sentence hearing.
He said Tracey admitted that he had borrowed his girlfriend’s car that day and he and a friend had driven into the city to buy heroin.
Det Gda Brady told the court that the road was wet that evening and Tracey’s passenger told him he had "hit somebody".
Tracey continued to drive at speed before he parked up his car and went to buy the drugs. He was arrested almost three weeks later.
The court heard 14-year-old Conor Hickey suffered serious injuries when he was struck by the car. He died the following day.
On arrest, Tracey told gardaí that he had taken his eyes off the road and he remembered "a thud".
He said he had taken methadone that day and the reason he drove off was because he had no licence or insurance.
Tracey had 54 previous convictions at the time for robbery, drug and road traffic offences.
He has since received three further convictions in 2017 and 2018 for theft and interfering with an ATM.
Det Gda Brady accepted he has not come to garda attention since those more recent convictions and was in employment for a period of time.
Tracey, who was representing himself in court, asked Judge Crowe to grant his application to have his licence restored.
"I am trying to live the rest of my life to the best of my ability without harming others," he said.
He said he had been offered a job and the "driving licence would be helpful" before he reminded the court that he had not been in trouble since 2018.
