A bin lorry driver who struck a pedestrian, trapping her under the wheel of his truck and leaving her needing six months of hospital treatment, had his jail sentence overturned on appeal.
The man’s two-year driving disqualification was upheld however, despite arguments from defence counsel that this would mean their client losing his job.
Cosmin Stana (49) with an address at Castlecurragh Heath, Mulhuddart, Dublin 15 had pleaded guilty (GUILTY) to dangerous driving causing serious bodily harm under Section 53 of the Road Traffic Act, 1961 in the District Court.
He was sentenced to four months in jail and was disqualified from driving for two years.
Garda Padraig Power told the District Court Appeals Court today (THURS) that he arrived on the scene on the Shackleton Road, Celbridge, Co Kildare on September 22, 2022 to discover a woman had been struck and knocked down by a bin truck.
He said he observed a woman trapped under the wheel and blood on the driver’s side of the truck.
CCTV of the incident showed a Thornton’s Recycling bin truck slowing down but failing to stop and colliding with a pedestrian at the intersection on Shackleton Road.
The court heard that the injured woman was treated in hospital for serious injuries and was released after six months.
Garda Power described Mr Stana as “genuinely remorseful”, “very helpful” and said the appellant accepted that the injuries were very severe.
Defence counsel for Mr Stana, Grainne Berkery BL, told the sentence appeal that in the “split second” incident Mr Stana “just didn’t see” the injured party and felt huge remorse for what happened.
She said that her client has no other penalty points and had not come to Garda attention before this.
A human resources representative from Thornton’s Recycling was also present in court in support of Mr Stana, who was described as a “valued member of staff”.
Having heard the submissions, Judge Fiona O’Sullivan decided to suspend Mr Stana’s four-month custodial sentence in its entirety for a period of four months and imposed a fine of 1,500 euro to be paid in a period of 12 months.
However, the judge did not lift Mr Stana’s disqualification from driving for two years, despite defence counsel arguing that this would mean Mr Stana would lose his job.
The judge said that although she had considered removing the disqualification, she found Mr Stana’s failure to see the victim was a serious failure with extremely serious consequences and this was a matter which would normally merit a custodial sentence.