A judge has jailed a Limerick motorist for three years for dangerous driving causing serious bodily harm to a Kerry footballer who had to relearn how to walk after the head-on collision in Abbyefeale.
Seán O’Leary, an All-Ireland minor winner, suffered ‘incalculable’ physical injuries to his legs, a fracture to his sternum and is suffering from PTSD after the head-on collision. Mr O’Leary – who was a 22-year-old UL student at the time of the collision – described seeing the white bone of his right thigh sticking out through his Kerry GAA tracksuit.
Mr O’Leary lost an inch in height because after surgery one leg was shorter than the other. An inch of bone had to be removed from his other leg.
Michael Harty, aged 22, of Lisheen Park, Patrickswell had last month pleaded not guilty to dangerous driving causing grievous bodily harm in Kilconlea, Abbeyfeale on July 10, 2021. He was found guilty after a trial.
Mr Harty, who has a previous conviction for driving 168km in a 100km zone in Monearla, Adare, was brought before Judge Sinead McMullen at the Limerick Circuit Court on November 6.
Prosecutor Lily Buckley, instructed by State’s Attorney Brendan Gill, outlined the evidence with the assistance of Garda Peter Sheeran.
Ms Buckley said Mr O’Leary and his girlfriend Emma O’Connor were returning home from a Munster championship match between Kerry and Tipperary in Thurles. Mrs O’Connor was driving a Peugeot car and Mr O’Leary was in the passenger seat.
Ms Buckley said they drove around a wide bend about 300 meters from the Kerry border at around 11pm. “An Audi traveling from the opposite direction stopped to overtake a vehicle, turned onto the wrong side of the road and drove straight at them (Peugeot). Mrs O’Connor pulled herself against the hard shoulder. Just before the crash she veered to the right. She stayed on her own side of the road at all times,” Ms Buckley said.
Emergency services attended the “massacre scene” and Mr O’Leary was rushed to hospital, where he required eight units of blood.
“He was in a wheelchair for four months and had to learn to walk again after four operations. He suffered two broken legs, two compound fractures, a fracture to his sternum.
“Unfortunately, when he started walking, the fractures in his leg had healed to the point where one leg was shorter than the other, requiring another operation to try and even the fracture that resulted in the removal of an inch of bone from the longer leg. . This resulted in a further period of recovery and he lost an inch of his height,” Ms Buckley said. Mrs O’Connor damaged her left cruciate ligament in the collision.
Ms Buckley said it is unlikely that O’Leary will be able to return to the level of fitness and ability to participate in sporting activities that he had before the crash. The prosecutor said that prior to the collision the victim was hoping to play for Kerry seniors in the Munster final but attended in a wheelchair.
Mr Harty was represented by Brian McInerney SC, together with Amy Nix BL. Mr McInerney presented letters from Father Cussen, who knows the suspect and his family, and from Mark Heffernan, chairman of Carew FC. Mr McInerney said his client is involved in outreach coaching within the Traveler community and is highly regarded within the club.
The senior lawyer read out a handwritten letter of apology from Mr Harty to Emma and Sean. He wrote that he did this with great regret and a heavy heart.
READ MORE: ‘I saw the white bone of my right thigh sticking out’: GAA star describes horrific collision in Limerick
Judge McMullen adjourned the cases to November 15 to give her time to consider her sentence. Last Friday the judge said that it is not an easy case to judge because the case does not have the usual features that other cases of this nature have, but it does have other very serious factors. She said there was no evidence of speed but Mr Harty overtook on a bend at 11pm.
“We have heard in detail about the life-changing injuries inflicted on Mr O’Leary and the injuries inflicted on Ms O’Connor,” Judge McCullen said.
The judge said the mitigating factors were that there was no evidence of speed, no drugs or alcohol in Mr Harty’s system, no defects in the vehicle, all his documentation was in order and he was a young man of 19.
Judge McMullen imposed a four-year prison sentence, with the final year suspended, to encourage Mr Harty to lead a pro-social life in the future. She disqualified him from driving for ten years. “It is a very serious case where serious harm has been caused,” Judge McMullen said.
After the case was concluded, Mr O’Leary told the Leader that he had paramedics, firefighters, staff from University Hospital Kerry, physios, consultants, the Irish Blood Transfusion Service, Gardai including Garda Peter Sheeran, State Solicitor’s legal team Brendan Gill, and Lily Buckley BL, girlfriend Emma, friends and family “who helped me”.
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