A 75-year-old former taxi driver has been imprisoned for four years, and banned from driving for 20 years, following the death of a pedestrian in a hit-and-run incident in Cork over two years ago.
Forty-nine-year-old Dr Martin Lawlor died from multiple catastrophic injuries, after he was struck by a taxi in the early hours of 15 December 2018, driven by Denis McSweeney of 206 Pouladuff Road, Ballyphehane, in Cork City.
Dr Lawlor, a Consultant Psychiatrist with the HSE, had been at an office Christmas party and walking back to his accommodation when he was struck by the vehicle on the Airport Road in Cork City.
Mr McSweeney had previously pleaded guilty to four charges relating to the hit-and-run, namely failing to give appropriate information to gardaí, failing to keep the vehicle at or near the occurrence, failing to report an occurrence and failing to stop his vehicle after an occurrence.
Judge Seán Ó Donnabháin said the offences were at the higher end of the scale and a seven-year jail sentence would be appropriate given the aggravating circumstances.
However, taking into account mitigating factors such as Mr McSweeney's early plea, that he has no previous convictions, is elderly and has shown remorse, he sentenced him to five years in prison, suspending the final year as long as Mr McSweeney is of good behaviour.
He also banned him from driving for 20 years and refused leave to appeal.
At his sentencing hearing today, Cork Circuit Criminal Court was told that on the morning of the incident, visibility was very bad - there was dense fog and heavy rain, no footpath or street lighting.
Mr McSweeney had just dropped a customer to the airport and was on his way to another call when he struck Mr Lawlor.
He initially told gardaí that he thought he had struck an animal but later accepted that it was Dr Lawlor. The court was told he had not driven since.
His barrister, Donal O'Sullivan BL, told the court that his client "panicked completely".
"He wished he hadn't panicked, he wished he had stayed at the scene but he can't turn the clocks back but he is genuinely remorseful," he said.
Giving her victim impact statement via video link from Manchester, where Dr Lawlor had lived with his family, his wife Helen Murphy Lawlor told the court that the circumstances of her husband's passing remain very difficult for her and their three children to come to terms with.
"As a professional, Martin was at his peak. Working in the HSE/NUA Healthcare and charity work in State of Mind, he was renowned and respected.
"On a personal level, how does one put into words the loss of a son, brother, husband and father? There is no language," she said.
She said she will forever miss her best friend and confidante, her husband of 25 years.
"Being unable to say goodbye was hard and cruel. For such a good, caring man to be left on the road to die alone and that the driver left the scene seemingly without any compassion or concern, is very difficult for us to comprehend.
In her victim impact statement, Dr Lawlor's sister, Dr Susan Lawlor said she will never speak the defendant's name after today.
"I will never speak your name following today, it doesn't deserve the breath of air required to annunciate it. Why did you drive away and leave him at the side of the road? Why didn't you ring for help? All life is precious and to treat it otherwise is unfathomable to most."
"Mart (sic) you will be remembered for your generosity, your enthusiasm, positivity, and encouragement, for your catalysing and persuading, for validating, and understanding, and for being a friend to us all. You are missed terribly and loved. Whilst life for all of us will never be the same again, we are a lot better for knowing you."
Judge Ó Donabháin said he had not known Dr Lawlor personally but had encountered him professionally.
He said that he had "extraordinary professional compassion and caring for other people and he was an exemplar of his profession".
"He came here when you had very vulnerable people and he stepped into the breach to care for them."
