Courts / Dublin / Report

Family of pensioner (76) whose death was caused by motorcyclist had 'deep reluctance' about prosecution, court hears

Date
2023-05-17
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

In a Dublin Circuit Criminal Court hearing, 35‑year‑old Jonas Alves received a six‑month prison sentence suspended on strict conditions after pleading guilty to careless driving causing the death of 76‑year‑old pensioner Mrs Treasa McKiernan on Ballinteer Avenue on 8 April 2019. The collision occurred at 7:57 pm when Mrs McKiernan was crossing the road at a non‑appointed place; Alves was travelling about 60 km/h on a 50 km/h limit. No intoxicants were found in Alves's system and the motorbike was in good working order. Alves, who had no prior convictions, apologized to the family and offered to surrender his licence. The McKiernan family, represented by son Desmond Barry McKiernan, had written to the Director of Public Prosecutions expressing "great concern" and "deep reluctance" to pursue prosecution, arguing that a trial would feel like revenge and cause further harm.

Who, what, where, when and why

What: Report matter: Family of pensioner (76) whose death was caused by motorcyclist had 'deep reluctance' about prosecution, court hears. Charges or matters: one count of careless driving causing death at Ballinteer Avenue, Ballinteer on April 8, 2019. Procedural stage: sentence

When:

Case subjects

Desmond Barry McKiernan

Applicant

Outcome: Imposing sentence at Dublin Circuit Criminal Court today, Judge Elma Sheahan said this was a "sad and tragic case" involving the death of Mrs McKiernan who was "deeply loved by her family".

Jonas Alves

Defendant

Charges: one count of careless driving causing death at Ballinteer Avenue, Ballinteer on April 8, 2019 (Admitted)

Plea: Guilty

Outcome: Jonas Alves (35) of Marley View, Rathfarnham, Dublin 14 was today given a suspended prison sentence having pleaded guilty to one count of careless driving causing death at Ballinteer Avenue, Ballinteer on April 8, 2019. Judge Sheahan said Alves had "committed an act of carelessness which resulted in catastrophic loss" and handed him a six-month prison sentence suspended on strict conditions.

Public Prosecution

Applicant

Charges: one count of careless driving causing death at Ballinteer Avenue, Ballinteer on April 8, 2019 (Alleged Or Contested)

Outcome: Jonas Alves (35) of Marley View, Rathfarnham, Dublin 14 was today given a suspended prison sentence having pleaded guilty to one count of careless driving causing death at Ballinteer Avenue, Ballinteer on April 8, 2019.

Places mentioned

Residence
Incident
  • Ballinteer Avenue
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
Facility
  • St James Hospital
  • Beaumont Hospital

Topics

Stage Sentence

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