A motorcyclist who lost his memories of a “horrific” crash which left him not breathing at the scene has failed in an appeal against his conviction for careless driving.
Srdan Keteles (34) with an address on William Street, Waterford, said that all he remembers of the collision was leaving home on his motorbike and then waking up in hospital days after the accident with serious injuries to his spine, neck and pelvis.
Keteles pleaded not guilty in the District Court to a charge of careless driving on the Oscar Traynor Road, Coolock, Dublin on September 25, 2019 contrary to section 52(1) of the Road Traffic Act 1961. He was convicted and given a fine of €200 with six months to pay. He later lodged an appeal against his conviction.
A witness told the District Court Appeals Court that he was driving home from work at around 10am when a motorbike undertook him at speed by going into the bus lane.
He said that his vehicle shook as the bike went past him. He said that the motorbike later collided with another vehicle that was turning off the road.
The witness said that he gave first aid to the man at the scene and identified his motorbike as the one that overtook him.
Garda Andrew McDonnell told the court that when he attended the scene, Keteles appeared unconscious and that other people were performing CPR on him. He said that no forensic accident analysis was done at the scene by gardai.
Defence Counsel for Keteles, Ciara Murray BL, said the State’s witness gave the impression that her client was driving at speed, but they could not prove exactly what speed it was.
She also said that it was “quite shocking” that a forensic investigation of the scene was not done by gardai, considering the seriousness of the accident and that Keteles was not breathing at the roadside.
Judge Jonathan Dunphy said that the charge of driving without care extends to undertaking in a bus lane, as well as driving over the speed limit.
Keteles told the court that he cannot recall the incident at all. He said that he remembers getting ready to go to work in the morning and the first kilometre he drove from home on his bike.
He said that the next thing he remembers is waking up in hospital on the fifth or sixth day after the accident.
Keteles said that he suffered from cognitive impairment and PTSD as a result of the crash, as well as sustaining serious injuries to his spine, neck and pelvis.
He said that he drove on the road every morning to get to work and he was confident that he was driving in compliance with the speed limit.
Ms Murray called forensic engineer William O’Keefe, who had compiled a report on the accident in February 2021, by the request of Keteles.
He examined CCTV from the scene and said that traffic lights were green for both Keteles and the other vehicle prior to the collision. He said that Keteles had right of way at the time of the crash.
Ms Murray said that the appellant could speak in his own defence and that the evidence must be weighed “very carefully”. She said that it would not be safe to convict Keteles on the word of one witness and there must be some doubt in the case.
Judge Dunphy said that it was a “horrific accident” and he had no reason to doubt the injuries of Keteles.
However, he said he had no reason to disbelieve the evidence of the witness that Keteles undertook him at speed in the bus lane. He said that he found that Keteles drove without due care and affirmed the order of the District Court.