Hit & run driver kills cyclist out training but walks free from court with suspended

Granolite

Shocking case...is there anything that could be done?

http://www.stickybottle.com/latest-news/hit-run-driver-kills-cyclist-out-training-but-walks-free-from-court-with-suspended-sentence/

Justice failed?

twinsen

it did
49 times actually:

"The court was told that Gridzuiska was a convicted criminal with 49 previous convictions. Of these, nine were for road traffic incidents but others were for drugs offences, theft and handling stolen property."

Andy-Pandy

Good god, how did he walk free from court. Thats not justice, it teaches people that they are, especially if they are intoxicated at the time, better off leaving the scene of an accident. His poor family.

07Lapierre

"Judge McCartan described the death of Mr O'Farrell on a summer's night over two years ago as a tragic accident which occurred because the deceased had not properly lit himself or his bike - See more at: http://www.independent.ie/irish-news/courts/hitandrun-driver-avoids-jail-term-over-death-of-cyclist-29102222.html#sthash.7uPg8mKX.dpuf

Chips Lovell

Andy-Pandy wrote: »

Good god, how did he walk free from court. Thats not justice, it teaches people that they are, especially if they are intoxicated at the time, better off leaving the scene of an accident. His poor family.

Actually, that's precisely what he was convicted of. Had he not left the scene he wouldn't have been convicted of anything other than driving a defective vehicle.

hardCopy

07Lapierre wrote: »

"Judge McCartan described the death of Mr O'Farrell on a summer's night over two years ago as a tragic accident which occurred because the deceased had not properly lit himself or his bike - See more at: http://www.independent.ie/irish-news/courts/hitandrun-driver-avoids-jail-term-over-death-of-cyclist-29102222.html#sthash.7uPg8mKX.dpuf

Judges in this country disgrace themselves more and more each day, no real surprise here.

_Puma_

Actually have a sick feeling in my stomach after reading that! So in the morning if I mow down a cyclist who only has 1 light on his bike I can expect to walk free as the judge deems the cyclist was not "Illuminated properly". How about a mother out walking her child in a pram.

Surely the judge is setting a crazy precedence here!

on_the_nickel

Puts this in a very different light now, doesn't it? http://www.boards.ie/vbulletin/showthread.php?t=2056891689

buffalo

Andy-Pandy wrote: »

Good god, how did he walk free from court. Thats not justice, it teaches people that they are, especially if they are intoxicated at the time, better off leaving the scene of an accident. His poor family.

I believe they are in the process of increasing the punishment for leaving the scene of a road accident, as opposed to leaving the scene of a crime, to help deter this behaviour.

Ref: http://www.irishtimes.com/newspaper/ireland/2013/0221/1224330312206.html

The Minister... said he would consult the Attorney General on the issue of making leaving the scene of a road traffic incident a more serious offence with a trial jury at Circuit Court level and the potential for a longer prison sentence.

alfa beta

I read that article expecting to find some reason - or even something that might lead to the possiblity of establshing a reason - for the judge's decision - but there's nothing

seriously - nothing - the driver knocks down a cyclist - doesn't even stop - the cyclist dies from injuries suffered and then our asshole of a driver (who it seems is regularly in trouble with the law) gets asked to leave the country

that's it - to leave the f*cking country

so his punishment is that he can't enter ireland for ten years....seriously!!!

for f*cks sake - i'm sorry but is that judge must be a moron

have to say, if i was a member of the cyclists family I'd be so distraught by that decision - I really feel sorry for them

monkeypants

What time of the day was he hit at? At the beginning of August, I'd expect there to be a good stretch in the evening.

Also, this:

it was unbelievable he had come to the attention of gardai again for a motoring matter just weeks after fatally hitting Mr O’Farrell.

And he still gets off? What the hell is going on?

Granolite

alfa beta wrote: »

I read that article expecting to find some reason - or even something that might lead to the possiblity of establshing a reason - for the judge's decision - but there's nothing

seriously - nothing - the driver knocks down a cyclist - doesn't even stop - the cyclist dies from injuries suffered and then our asshole of a driver (who it seems is regularly in trouble with the law) gets asked to leave the country

that's it - to leave the f*cking country

so his punishment is that he can't enter ireland for ten years....seriously!!!

for f*cks sake - i'm sorry but is that judge must be a moron

have to say, if i was a member of the cyclists family I'd be so distraught by that decision - I really feel sorry for them

The comment of Judge McCartan that the driver in this case was a "liability to the community" illustrates the self regarding attitude of the judicary class. Does he not get how hypocrital that comment is??!! How can the family of the victim be expected to bear this judgement?! it stinks to high hell..

droidus

Also, presumably, if the driver leaves the country as per the judges instruction that will make any appeal on sentencing impossible.

_Puma_

ThisRegard wrote: »

I got the impression that he had already done a runner so even if he got a custodial sentence he was back in Lithuania anyway unless an extradition warrant was served at a later stage.

There has been some seriously questionable judgements passed by the judiciary in this country these days.

Source

The mother confronted him after the judge had left the courtroom... Reading more into it the cyclist was on the road after Light up time in an August Evening, probably around 10pm, it would still have been marginally bright! You could say something if it was in the middle of the night and the cyclist was all in black.

I really do despair at "Justice" in this country, and to add to the gauling nature of this the lad was studying to become a barrister.

R.I.P

Mousewar

The judge most likely isn't a moron - just interpreting the law as it stands. We have a horrible, criminal-favouring, justice system in this country.
I feel enormously for the family. My wife lost her brother in similar circumstances, although that driver did stop at least. Too many people just don't get how easily a life can be lost when you don't have respect for the fact that you're hurtling down roads in a ton of steel.

Granolite

_Puma_ wrote: »

The mother confronted him after the judge had left the courtroom... Reading more into it the cyclist was on the road 30 mins after Light up time in an August Evening, probably around 8:30pm, it would still have been bright! You could say something if it was in the middle of the night and the cyclist was all in black.

I really do despair at "Justice" in this country, and to add to the gauling nature of this the lad was studying to become a barrister.

R.I.P

To add to what Puma said the N2 Carrickmacross - Castleblaney Road is a wide largely straight road with a wide hard shoulder on both sides.

Chips Lovell

I've had to delete multiple posts, most of which were accusing the man of committing offences he wasn't convicted of.

Can we stick to the facts please. Otherwise we'll lock this thread.

ThisRegard

My bad, I misread the following

Gridzuiska's barrister told Judge McCartan at Dublin Circuit Criminal Court that his client "had not intended to remain in this jurisdiction" since his son had already returned to Lithuania. - See more at: http://www.independent.ie/irish-news/courts/hitandrun-driver-avoids-jail-term-over-death-of-cyclist-29102222.html#sthash.7uPg8mKX.uVBDKG1k.dpuf

with the father in the above piece being the father of the driver, and not the drivers son returning to Lithuania. Still, ridiculous sentence.

GeorgeBailey

on_the_nickel wrote: »

Puts this in a very different light now, doesn't it? http://www.boards.ie/vbulletin/showthread.php?t=2056891689

How so? From my reading they are 2 completely different situations. One a hit and run, the other an episode of road rage.

ThisRegard

The cyclists mother was on the Last Word just after 5. Very powerful piece and worth a listen to as she spoke very well listing the litany of convictions and general scumbagery of the guy, made the sentence all the more sickening.

Kristopherus

What are the chances that Judge McCartan will have that scumbag back before him to apologise to the victim's mother a la the Fiona Doyle case.:mad:

Icyseanfitz

disgusting sometimes i really do hate this country we live in

hattoncracker

Granolite wrote: »

To add to what Puma said the N2 Carrickmacross - Castleblaney Road is a wide largely straight road with a wide hard shoulder on both sides.

+1.. It's one of the best in Monaghan county!

Unless he was stinking drunk or aiming for the kid it would be hard to not see him!

kupus

Christ this is hard to read, RIP to the family involved.

foxinsox

I heard this young mans' mother speaking on The Last Word this evening. It is a heart breaking story. I'm sure it's online if you want to listen.

I can't believe what the court decided, it is a disgrace.

I hope our laws are changed and very soon.

RIP

Grudaire

wtf "Judge McCartan said Gridziuska was not driving dangerously when the accident happened"

Is that a fcuking Piss take? If you can't see a moving reflective object on the road you ARE driving dangerously...?


RIP, and I hope the family are not affected too badly by this decision

bedirect

the problem here is the lenient penalty for leaving the scene of an accident which is only 6 month, it should be 10 years when there is an injury or death. The problem with all trials in this country is that the prosecution must disclose everything to the defence, (but is it fair that the defence dont have to do that to the prosecution ?) Michael Mc Dowell ex Minister for justice called it " Trial by Ambush" he was dead right. This mans mother was on the Matt Cooper show, she spoke very well. The problem we have is that all judges are ex solicitors-barristers, so naturally most of them seem to be on the defendants side. They also have the court of criminal appeal looking at them also, but in relaity in this case why not let it go to the jury...let the jury decide...is that not the wish of the people ?

on_the_nickel

GeorgeBailey wrote: »

How so? From my reading they are 2 completely different situations. One a hit and run, the other an episode of road rage.

My initial opinion on that incident has changed after reading about the hit and run. Of course, I realise they're different situations, but the explicit threat (regardless of the later retraction/clarification) now seems different to me.

I previously dismissed it as a run-of-the mill "alpha-male" road incident - now I'm reminded that a car is a lethal weapon and the laws in this country seem to be firmly on the side of motorists.

humbert

I hate to be the devils advocate but I cycle that area regularly and the way the locals drive coupled with the fact that, even at dusk, an unlit cyclist is very easy to miss because driver's night vision is seriously impaired by the lights of oncoming traffic, it would be madness to be out without lights.

Hmmzis

humbert wrote: »

I hate to be the devils advocate but I cycle that area regularly and the way the locals drive coupled with the fact that, even at dusk, an unlit cyclist is very easy to miss because driver's night vision is seriously impaired by the lights of oncoming traffic, it would be madness to be out without lights.

That is the most stupid excuse I've ever read/heard for killing a person.

The thing is, if you drive a car it is your responsibility to ensure other road users safety. Failing to do so can and will result in injury and/or death of innocent people. It's sickening to read and hear the constant victim blaming that is going on in this country. It's the drivers fault, end of story.

trihead

This is so tough for the family. Unfortunately a similar thing happened over a week ago down in wexford - it wasn't a hit and run but bar that the similarities are striking. http://www.boards.ie/vbulletin/showthread.php?t=2056884810

Be safe cycling.

SWL

49 previous conviction, including 26 for theft and nine under the road traffic act, and he was allowed to continue to live in Ireland, seriously that is ridiculous, he should have been sent back to his country of origin at least 48 convictions ago and other victims of this scumbag including the cyclist would be better off, the Irish State should be looking out for its citizens not allowed proven thugs to remain here.

droidus

Anyone watching Vincent Browne last night? Heartbreaking stuff. Im not a law and order fire and brimstone type, but how on earth was this guy even let into the country, let alone allowed to commit crime after crime without consequence?

http://www.broadsheet.ie/2014/04/04/failure-of-duty/

O’Farrell: “Well the reason Shane is dead is because of total Garda failure. In January 2011, seven months before Shane was killed, this man had received a ten-month sentence and it was adjourned for a year in the Circuit Court, for him to be of good behaviour with permission to bring him back at any stage if he reoffended, but four months after that decision in the Circuit Court, and I saw that order, he was up for five consecutive days of theft in another court room and the judge was unaware that he was to be brought back and gave him a four-month suspended sentence. The guards should have brought him back when he reoffended. So he now, in May, got a four-month suspended sentence and went on to kill our son. He legally shouldn’t have been on the road.”

AmberGold

Outrageous, this country's legal system is the akin to the Wild West. Sure didn't the minister for Justice refuse to give a breath sample. Wrong from the top down.

I feel very sorry for these people who have lost their son.

mamax

If that guy had stopped and called 999 he could have possibly saved the cyclists life, for leaving the scene he should have got 10 years in jail.
Only a low life scumbag could hit someone and drive away not knowing if the person was either dead or needing medical help.

kerry4sam

mamax wrote: »

If that guy had stopped and called 999 he could have possibly saved the cyclists life, for leaving the scene he should have got 10 years in jail.
Only a low life scumbag could hit someone and drive away not knowing if the person was either dead or needing medical help.

Well not only would they be low life scumbag as you say, they would also be Breaking the Law:

"Amendment of section 106 of Principal Act

17. Section 106 of the Principal Act is amended—

(a) in subsection (1), by inserting after paragraph (a) the following:

“(aa) if injury has been caused to any person, or any person appears to require assistance, the driver of the vehicle shall offer assistance;”,

(b) in subsection (3), by inserting after paragraph (a) the following:

“(aa) in a case in which injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) —

(i) does so with intent to escape civil or criminal liability, and

(ii) knows that injury has been caused to a person of such nature as to require medical assistance for the person at that place or that the person be brought to a hospital for medical assistance,

on conviction on indictment to a fine not exceeding €10,000 or, at the discretion of the court, to imprisonment for any term not exceeding 7 years or to both such fine and such imprisonment,"

taken from the Road Traffic Act 2014 linkie here!

Thanks,
kerry4sam

Ole Rodrigo

AmberGold wrote: »

Outrageous, this country's legal system is the akin to the Wild West. Sure didn't the minister for Justice refuse to give a breath sample. Wrong from the top down.

I feel very sorry for these people who have lost their son.

It wasn't called the Department of Justice and Law Reform for nothing. Half of it dates back to the middle ages.

Harrybelafonte

ror_74 wrote: »

It wasn't called the Department of Justice and Law Reform for nothing. Half of it dates back to the middle ages.

The Brehon Laws were actually probably more logical to be fair.