‘Sometimes terrible things happen’: Man appealed to DPP not to prosecute motorcyclist over mother’s death

A motorcyclist who caused the death of a pedestrian in a “sad and tragic” incident has been handed a suspended prison sentence at Dublin Circuit Criminal Court.

Jonas Alves (35), of Marley View, Rathfarnham, Dublin 14, pleaded guilty to one count of careless driving causing the death of Treasa McKiernan at Ballinteer Avenue, Ballinteer on April 8th, 2019. Ms McKiernan (76) died five days after the collision.

Desmond Barry McKiernan, the deceased woman’s son, wrote to the Director of Public Prosecution (DPP) in January 2022, one month after it directed charges to be brought against Alves.

In the letter, which was read to the court, he expressed “great concern” and “deep reluctance” about the prosecution. It stated that “nothing will bring our mother back” and outlined the family’s desire to “move forward without her as best we can”.

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Mr McKiernan said any prosecution would feel like “revenge”, something the family “did not believe” to be acceptable and likely to cause more harm. He also stated that he did not think his mother would have wanted a prosecution to be brought in relation to an accident.

“Sometimes terrible things happen and there is no true remedy,” he said.

Imposing sentence at Dublin Circuit Criminal Court on Wednesday, Judge Elma Sheahan said this was a “sad and tragic case” involving the death of a woman “deeply loved by her family”.

‘Full of kindness’

She said Mr McKiernan’s letter was “most unusual” and “full of kindness” towards Alves and the situation he was in. The letter also spoke to what a “wonderful lady” Ms McKiernan had been, she said.

Judge Sheahan said Alves had “committed an act of carelessness which resulted in catastrophic loss” and handed him a six-month prison sentence suspended on strict conditions

She said a record of conviction can itself be a “significant punishment” and noted that “particularly tragic consequences had resulted from the accused’s careless driving”.

Garda Patrick Murphy told David Staunton BL, prosecuting, that the force responded to reports of a collision between a motorcycle and a pedestrian at 7:57pm on the day in question.

A witness told gardaí they saw Ms McKiernan crossing the road and then saw a motorcycle coming from the westerly side of Ballinteer Avenue. The witness said they heard the motorbike’s horn, its brakes screeching and then the sound of skidding.

Ms McKiernan was treated at the scene by paramedics, then taken to St James Hospital by ambulance before being transferred to Beaumont Hospital. Alves was also taken to hospital and suffered injuries including a fractured wrist.

A forensic collision report was completed and found no evidence that another vehicle was involved. CCTV footage was reviewed as part of the investigation.

Speed limit

The court heard that that section of Ballinteer Avenue has a speed limit of 50km/h and Alves’s motorcycle was travelling at some 60km/h.

The report stated that Mrs McKiernan was crossing the road at a non-appointed place for crossing. It stated she was on the road for around four seconds, while Alves was in a position to see her for 3.1 seconds due to the position of the traffic.

No intoxicants were found in Alves’s system and his documents were in order. The motorbike was found to be in good working order. Alves was co-operative with gardaí. He provided a cautioned statement in which he acknowledged he was driving the motorbike and said he took steps to try to avoid the collision.

Alves has no previous convictions and has not come to garda attention since the date in question.

The court heard a victim impact statement was sought from the McKiernan family, but they did not wish to provide one.