A man on an e-bike who broke a jogger's leg in a collision on a Dublin footpath has been spared a road ban but was fined €250 for careless driving.
Stephen Dunne, of Russell's Terrace, Kettles Lane, Drynam Hall in Swords, was prosecuted privately for careless driving by jogger Karl Leonard, who suffered a broken leg following the incident.
The collision occurred at about 9pm on 4 August 2024 in north Dublin.
Mr Leonard, of Balglass Road in Howth, prosecuted Dunne under the Road Traffic Act at Dublin District Court.
Mr Leonard, represented by barrister David Staunton, who was instructed by solicitor Lisa Daly of EP Daly and Company Solicitors, initiated the proceedings himself due to a lack of progress in the garda investigation into the incident.
At an earlier stage in the proceedings, he claimed the specifications of the e-bike - including its 0.75-kilowatt brushless motor, which can reach a maximum speed of 20-25km/h - classed it as a mechanically propelled vehicle.
Mr Leonard alleged he had been jogging and wearing a high-vis vest along with a light on his hat between Swords Express bus stop 6311 on Holywell Close and the roundabout at the top of the slipway from the M1.
Judge Anthony Halpin had initially authorised a charge of dangerous driving, which carried the risk of a jail sentence.
However, when the case resumed, he noted from Mr Staunton that the prosecution could be amended to a lesser charge of careless driving, which cannot result in a prison term.
Defence counsel Bakshi Mohit confirmed his client was pleading guilty.
Outlining the facts, Mr Staunton said that Mr Leonard was jogging on a joint path reserved for joggers and cyclists when Dunne's e-bike struck him.
He said: "This was an e-bike, this particular model, ENGWE EP-2 Pro Folding E-bike, which the court will recall the specifications of, that particular bike makes it a mechanically propelled vehicle under the relevant legislation because of its particular design and construction".
The court heard that both parties had been coming in opposite directions and there was a collision in which Dunne struck the jogger.
Mr Staunton said it appeared the defendant was not keeping a "proper lookout" for Mr Leonard and unfortunately, the collision occurred.
Judge Halpin heard that Dunne remained at the scene, behaved impeccably and made himself available to gardaí - who later arrived at the scene.
Dunne also sought to assist and comfort Mr Leonard as best he could.
He also provided clothing to cover up a wound to a serious leg break suffered by the jogger.
He said that was also something that could be dealt with in a different venue in the future.
Mr Leonard's approach has always been conciliatory because he made himself available.
Mr Staunton added the court would also recall that this case came to the court's attention because gardaí appeared to have failed to progress an investigation.
Judge Halpin noted Mr Leonard was forced into taking this private prosecution, which was also treated as a first offence for Dunne.
Mr Staunton described it as an accident in the classical sense, adding it came in the purview of driving or riding without due care and attention.
Mr Leonard's barrister also acknowledged that Dunne had cooperated and the guilty plea was an assistance.
Pleading for leniency, Mr Mohit asked the judge to note his client's admission, which spared court resources and the injured party from having to give evidence.
The defence barrister said the incident happened at a roundabout as Dunne went to the shop.
He said there was an issue of a technical blind spot, they came face-to-face with each other and within a split second, there was a collision.
Mr Mohit stressed that his client remained at the scene at all times and used his t-shirt to stem Mr Leonard's bleeding.
Dunne was also distressed and crying at the scene and has continued to express remorse.
Asking the court to limit the fine to a minimum and a road ban, Mr Mohit said his client was receiving the jobseekers' allowance, is a father-of-three and needed a licence.
Judge Halpin regarded it as a serious enough incident but treated Dunne as a first-time offender and remarked that his actions showed genuine remorse.
Convicting Dunne, the judge used his discretion not to hand down a road ban but imposed the fine - allowing him 12 months to pay.
