A father, whose young son was killed while out cycling after a driver failed to stop at a pedestrian crossing controlled by a red light, has said that he will never get over the "violence of the impact" of the collision between the vehicle and the bike.
César Ladeiro said before crossing, his eight-year-old son André had waited for 'the green man', but "this driver's actions killed my son".
John Moynihan, 62, of Parkanillane, Kilnamartrya, Macroom in Co Cork pleaded guilty to dangerous driving causing the death of Portuguese national André Castro Ladeiro at Cork Road, in Carrigaline, Co Cork on 12 August 2023.
The father-of-four faced a maximum sentence of ten years. However, mitigating factors such as the entering of a guilty plea, the lack of previous convictions or speed, and the absence of the consumption of drink and drugs were taken into consideration by the sentencing judge.
Judge Dermot Sheehan jailed Moynihan for three years with the last year suspended. He was also disqualified from driving for a period of six years.
At a hearing at Cork Circuit Criminal Court, César Ladeiro said that he could vividly recall the collision which killed his son.
"The bang and him disappearing. I saw it then and every day since. No braking lights on that Ford Ranger Wildtrak. André was just a leaf in the road for that driver," he said.
"I called 112. It was 9.21am. My wife screaming. People start to show up - don't know from where.
"’Don’t touch his head. Don’t take off his helmet’, is what I say to the man that holds André."
Mr Ladeiro said that his wife Filipa, who is a nurse, checked on André and then stepped back.
"Filipa knew better than me how André was in that moment. I did not realise it until much later. While waiting for the ambulance André was breathing. Weakly but breathing.
"Unfortunately, it was only on the way to the hospital that I realised how serious this accident was.
"CUH did surgery to open André’s scalp and bone and try to stabilise him but could not handle André’s case."
Mr Ladeiro said that the couple’s younger son Tomas, who also witnessed the collision, was due to start in the same school as André a fortnight after the accident occurred.
However, he said that André was transferred to Temple Street Hospital in Dublin where he died on 16 August 2023.
While in hospital he noted that André had a swelling "like a basketball" and no longer looked like himself.
Mr Ladeiro stressed that while it was important to get justice for André, there was "little peace" in seeing the driver behind bars.
"He (the driver) did not stop in a red light, had no awareness of the road and surroundings, did not try to turn or evade his (Andre’s) direction, and did not do an emergency stop.
"Before crossing André waited for the green man. This driver’s actions killed my son."
In her victim impact statement Filipa, the mother of André, said that her family now live "day by day, sometimes hour by hour".
She stated that when André was born in December 2014 he filled their life with "wonderful feelings".
Mrs Castro Ladeiro said that André settled well in Ireland when the family moved here in 2019.
"He made so many friends, he loved his school, he was always ready to take part in community activities or fundraising. He spread joy and kindness. He was so happy."
She added that she had experienced the 'the world’s worst nightmare" of lying down next to her son in hospital as he passed away.
"There are countless days when I feel lost and I just want to feel close to him. Living this terrible trauma also is André’s brother who witnessed everything at only five years old. The impact on his life is unspeakable."
Judge Dermot Sheehan offered his heartfelt condolences to the parents and younger brother of the deceased. He told César and Filipa that the loss of their son was "horrific" and "no words could lessen their burden".
In sentencing, Judge Sheehan said that the Ford Ranger Wildtrak driven by Moynihan was "not really a car but a pick up truck".
"People who drive these vehicles in urban areas where there are a lot of houses have an increased burden (of care). It is not the same as driving a car."
Judge Sheehan said that an aggravating factor in the case was that Moynihan broke the red light and the pedestrian crossing having turned into the area from a roundabout.
Garda Dinah Birnbaum had said in evidence that André had a green light at the pedestrian crossing while Moynihan in his Ford Ranger Wildtrak was subject to a red light but did not stop.
Moynihan has no previous convictions, and the court was told that he was not speeding or under the influence of drink and drugs when the fatal collision occurred.
The court heard that he pleaded guilty at the earliest opportunity and was driving at an estimated 35 -37kph in a 50kph speed limit.
Garda Birnbaum said that when Moynihan was interviewed in relation to the offence he told gardaí that he wished he could "roll back the clock" in relation to what had occurred.
Defence barrister Jane Hyland, SC, said that he accepted his driving on the day was "dangerous" and that he would "continue to suffer to the end of his days" for what he had done.
She said that her client was a father of four and a grandfather of two. Ms Hyland said that Moynihan, who owns a crane hire company, was fully aware of the gravity of his actions and was deeply sorry for what had occurred. Testimonials were given in to the judge with one friend describing him as a person who would "take the shirt off his back" for others.
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Judge Sheehan paid tribute to the parents of the deceased for delivering their victim impact statements in person.
"To lose your child in that way is horrific. It is important that the parents know they have the courts condolences. No words of mine can lessen the burden that is placed on you. We do appreciate the pain that you have suffered. We are sorry you had to come to court today in these circumstances."
Judge Sheehan said that the youngster was knocked down on a 'busy road' with a zebra crossing controlled by traffic lights.
"The line of sight for the accused was more than adequate. He had plenty of time to see what was going on. He wasn’t driving at speed. However, he drove through a red light. Not only that, he drove through a pedestrian crossing.
"If the driver is watching he should be alert to the presence of pedestrians. He didn’t see what was directly in front of him. He didn’t apply the brake. No sign of him being aware of the pedestrian."
He noted that Moynihan has suffered from post traumatic stress following the incident and was known in his community for his "kindness" and charitable works.
He added that while Moynihan will "never do this again", it was important to impose a custodial sentence in the case.
In a statement issued by O'Flynn Solicitors on behalf of the Ladeiro family, the couple described André as someone who "spread joy and kindness".
César and Filipa said their son "filled our lives with all the most wonderful feelings".
"His smile was contagious, as contagious was his character. He was also involved in different sports, such as gymnastics, swimming, GAA and taekwondo," the statement said.
"He spread joy and kindness. He was so happy. We were so happy."
César and Filipa said the events of 12 August 2023 "destroyed our lives" and it is "still impossible for us to believe or accept" that he is gone.
"Everyday, we wait to see him walk through the door, to give us again the most earthily hug only he could give, his sounding kisses, to see his captivating smile.
"But no. The only thing we find is pictures and videos, memories."
The statement said the impact of what happened has had an "unspeakable" impact on André's brother, Tomás, who was five years old at the time.
It said Tomás began to have nightmares and feared crossing the road.
"Everyday has been a challenge between anger, sadness, depression, despair, fear, dark days, disbelieve," the statement said.
"All those words become part of our life since that driver killed our son. Also, panic attacks, nightmares, sleep deprivation, anxiety, fear, stress. You have no idea what is to see people around driving without due care... the sound of the impact of the car hitting our son and the image of our son lying down on the road are constantly present.
"Mixed with all of these is our strength and resilience to make things 'right', to hope for the future, for our sons, for our family, to make life a bit better for us all, to laugh, to make dreams come true, to laugh... like he always wanted, like he always will want from us."
César and Filipa said "little peace" will come from today's sentence.
They thanked gardaí and the prosecution "for their kindness shown to us today".
