Colm Rooney had been employed as a Tesco delivery driver for four and a half years
A delivery van driver has been given a suspended sentence for careless driving, causing the death of an 83-year-old man in a supermarket car park.
Colm Rooney (54), who had been employed as a Tesco delivery driver for four and a half years, pleaded guilty to one count of driving a vehicle without due care and attention, thereby causing the death of Thomas Leeson, at R oselawn Shopping Centre, Blanchardstown, Dublin, on December 7, 2024. It is a sentence that carries a maximum prison term of two years.
Dublin Circuit Criminal Court heard that Rooney, of Stapolin Lawns, Baldoyle, Dublin, was driving the delivery van at 12km per hour when the accident occurred. Dashcam footage of the incident was played to the court, which showed Mr Leeson being hit by the van at chest height and falling backwards on to the concrete, striking his head.
Sergeant Colm Fox told Kate Egan BL, prosecuting, that Mr Leeson was conscious at the scene and was transferred to hospital where he passed away two weeks later from his injuries. Mr Leeson suffered from broken ribs, a fractured skull and a bleed to the brain.
A full, detailed collision report was carried out, which established the speed at which the van was travelling and that Rooney’s reaction time was slightly below average. He was breathalysed and drug tested at the scene, and the results were negative for all substances.
A victim impact statement, which was prepared by Mr Leeson’s daughter, Yvonne Kidd, was read to the court by the prosecuting counsel, which said: “Our dad was knocked down in our local supermarket. He went to collect a prescription and never came home.”
The statement outlined that Mr Leeson was a “devoted” father, grandfather and great-grandfather. They said his absence is missed every day, in the big and little moments, and that no sentence will ever bring him back.
The statement said that Mr Leeson had been a truck driver for over 40 years and would have been the first to recognise the pressure that delivery drivers are under.
It concluded: “Our dad deserved to live out his life, and we deserved more time with him.”
Passing sentence yesterday, Judge Elma Sheahan began by extending her sincere condolences to the Leeson family on their enormous loss. She noted the family’s dignity throughout the court process.
Judge Sheahan said the aggravating factors in this case were the seriousness of the offending and the impact that this loss has had on Mr Leeson’s family. She set a headline sentence of 12 months.
The judge said she must have regard to the significant mitigation before the court in the form of Rooney’s early guilty plea, his good character with no previous convictions and contributions to his community. She took into account the character references handed into the court and that Rooney has shown genuine remorse and co operated throughout.
Judge Sheahan said she must consider the law and the evidence before her. She also highlighted the words from Ms Kidd’s victim impact statement, which said that “no sentence will bring back our father.” She sentenced Rooney to nine months in prison, which she suspended in full for nine months, and disqualified him from driving for two years.
Sgt Fox agreed with Vincent Henegahan, SC, defending, that from the moment gardai arrived at the scene and up until today, his client has been fully co-operative. He also agreed that there was no “outrageous” driving carried out by Rooney.
The garda agreed with counsel that this was a case of a “momentary lapse in concentration”.
Mr Heneghan said his client would like to express his remorse to Mr Leeson’s family. “That expression doesn’t just come today; it comes from the very first day he met the gardai and all the way through this case. He is truly remorseful.”
Counsel said this was a crime of recklessness of the most significant kind in that it resulted in death, and also the most benign in how long it lasted, less than two seconds.
He said Rooney has worked all his life and had been employed as a driver by Tesco for four and a half years. He no longer works as a driver but is still employed by the supermarket, which he described as significant because it shows that his employers trust him.
Mr Heneghan described Rooney as a single man who lives a quiet life and has a big love for music. He said that a tragedy has happened, that his client takes full responsibility for this, and he asked the court to be as lenient as possible.
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