A Co Down pensioner who drove his automobile into two cyclists, killing one and critically injuring the opposite, was jailed for 2 and a half years at present .
rthur Robert McGrillen was advised he’ll spend an extra 30 months on supervised licence following his launch from custody.
The 74-year-old appeared at Downpatrick Crown Courtroom, sitting in Belfast, through videolink from Maghaberry Jail, assisted by assistance from a wheelchair.
McGrillen, of Catherine Road, Killyleagh, “ploughed into” Aidan Fitzpatrick on Sunday, October 20, 2019, inflicting “insufferable ache for his widow and household”, stated Choose Geoffrey Miller KC.
The pensioner additionally drove his black Mercedes C-Class into Ralph Mills, leaving him in “fixed ache, with survivor’s guilt and a joyless outlook on life”.
Shut
Aidan Fitzpatrick, who died after the accident
The collision occurred on a “straight stretch” of the 60mph Killyleagh Street in Downpatrick as the lads cycled in the direction of the village of Killyleagh.
Prosecution counsel Ciaran Murphy KC stated a passing ambulance was alerted to the collision and was shortly on the scene.
Each victims have been rushed to the Royal Victoria Hospital in Belfast the place Mr Fitzpatrick tragically died from his accidents on Tuesday, October 22, 2019.
The prosecutor stated McGrillen had “pushed by means of the cyclists with out making any try and keep away from them”.
The primary police officer on the scene spoke to McGrillen and when he requested what had occurred, the defendant replied: “I didn’t see them.”
McGrillen later claimed the cyclists have been at fault, telling police they have been “too large on the highway… weren’t using in single file… I went to go round them and so they bumped on high of my automobile”.
Nonetheless, it was solely late within the proceedings that McGrillen accepted he was at fault and “expressed regret and damage” for the victims and their households.
McGrillen had initially denied the fees however in Might this yr entered responsible pleas to inflicting the loss of life of Mr Fitzpatrick by harmful driving and inflicting grievous bodily harm to Mr Mills.
The courtroom heard McGrillen’s automobile was forensically examined and located to have harm to the entrance bumper, a wing mirror, the windscreen in entrance of the driving force’s seat had sustained “extreme influence harm” and there was “denting to the roof above the windscreen”.
Mr Murphy stated: “Mr Fitzpatrick’s black bike was discovered on the entrance offside of the Mercedes automobile and a wheel of his bike was discovered lodged underneath the entrance offside tyre.
“Mr Mills’ crimson bike was discovered at a roadside verge beside a parked lorry. His separated again wheel was discovered behind the lorry.”
In a press release to police, Mr Mills stated he and Mr Fitzpatrick have been biking “facet by facet” and didn’t see the Mercedes automobile approaching earlier than it struck them from behind.
Mr Murphy stated that McGrillen had suffered a stroke in 2017 however had did not declare his situation when renewing his licence the next yr.
When requested on a motoring insurance coverage kind if he suffered from any diseases, together with a stroke, which may have an effect on his entitlement or skill to drive, he answered “no”.
Mr Murphy advised the courtroom: “Had he made a disclosure about his medical situation previous to the accident, we are saying it’s cheap to conclude that his licence would have been revoked.
“That is an aggravating characteristic in that had he made the suitable disclosures he wouldn’t have been driving and the collision wouldn’t have occurred.”
In reference to McGrillen’s assertion that he was not conscious he suffered from a stroke and its penalties, Choose Miller stated medical studies confirmed that the defendant had obtained assist from the area people stroke workforce for his “each day dwelling”.
“I’m glad that he would have been all too conscious of his situation,” stated the choose.
Choose Miller additionally famous that on the day of the tragedy McGrillen had “taken no steps in any respect to keep away from a full-on, nose-to-tail collision”, however had “ploughed straight into them”, which was captured on each Mr Mills’ cycle-mounted rear-facing digital camera and dashcam footage from a passing ambulance.
“This quantities to an exceptionally dangerous piece of driving which resulted in a fatality and severe harm. I’m glad that this quantities to an aggravating characteristic of dangerousness on this case.
“He first blamed the cyclists and claimed he was not at fault. Had it not been proven in Mr Mills’ digital camera footage he may need continued on this lie,” stated Choose Miller.
In addition to the five-year determinate sentence for inflicting loss of life by harmful driving, McGrillen obtained an extra four-year concurrent sentence for inflicting grievous bodily harm.
Choose Miller additionally banned the defendant from driving for all times.
