Courts / Dublin / Report

Bus driver appeals conviction for causing death of cyclist

Date
2021-01-26

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

A bus driver has appealed his conviction for careless driving causing death, challenging the trial judge's instructions to the jury on legal terminology. Osborn Irabor, aged 60 of French Park, Dublin, was convicted in 2018 at the Circuit Criminal Court in connection with the death of a cyclist on November 17, 2014. During jury deliberations, jurors requested clarification of legal principles in layman's terms, but the judge subsequently re-charged them using formal legal language including words such as "appreciable" and "due care and attention." At the Court of Appeal, Irabor's counsel argued this approach may have caused jury confusion and questioned what conduct demonstrated a fall below the standard expected of a competent driver. The three-judge panel, presiding over the appeal, reserved judgment. At sentencing in 2018, the trial judge imposed a mandatory four-year driving ban, finding imprisonment unjustified despite the serious nature of the offence. The judge noted Irabor's unblemished safety record and absence of previous convictions.

Who, what, where, when and why

What: Report matter: Bus driver appeals conviction for causing death of cyclist. Procedural stage: appeal. Findings: Found guilty

When:

November 17, 2014 Hearing Or Sentence
November 2018 Hearing Or Sentence
2021-01-26 Publication

Why: "There has to be particular regard for cyclists because of their vulnerability," he said. CNI source report

Case subjects

Osborn Irabor

Appellant

Finding: Found guilty

Outcome: Found guilty; At Irabor's sentence hearing in November 2018, Judge Comerford heard that at around 9.40pm on November 17, 2014 the double decker bus driven by Irabor struck Ms White.