A Wexford woman who was pregnant at the time she was involved in a car crash has called for more recognition of unborn babies who die in such incidents.
Saoirse Aylward was 31 weeks pregnant when she was involved in a serious road traffic incident. She woke up in hospital to the news that she had lost her baby boy, Jax.
In a lengthy victim impact statement at Wexford Circuit Criminal Court on Thursday, Aylward (31) expressed her concern for the lack of recognition of the unborn.
“Discovering that Jax could not be recognised as a separate victim in this incident has deeply affected me and I believe highlights a gap in our judicial system,” she said.
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Before the court for sentencing was Yurii Dudek, with an address in Chernivtsi Oblast, Ukraine, on a charge of dangerous driving causing serious bodily harm on January 24th, 2024, at Ballygillane Big, Drinagh, on the main Rosslare Road, Wexford.
Garda John O’Flynn gave evidence of attending the scene at 7.30pm on the evening in question.
Aylward was taken from her car by ambulance crew with the assistance of fire personnel, before being transferred to Wexford General Hospital.
The accused was arrested at the scene and brought to Wexford Garda station for interview. O’Flynn said the accused had no previous convictions. He had a full driving licence and insurance.
Defence counsel Fergal Kavanagh said the road was zoned for 100km/h and there had been a number of accidents on that particular stretch. The accused, he said, was a voluntary driver for a charitable organisation, who has family in the UK. On the evening of the incident, he was driving to Rosslare Europort.
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In her victim impact statement, Aylward told the court: “I now live with a persistent sense of uncertainty and vulnerability. I understand in a way I never did before how quickly everything can be taken. No amount of preparation or hope can guarantee safety. Every car journey carries anxiety. My children will grow up knowing their mother is tense while driving. This is not something I can simply choose to change.
She said she did not just lose a baby, she lost her only son. “I lost the opportunity to hear him call me ‘Mama’ or to say ‘I love you’, to watch him take his first steps, to bring him to his first day of school. I will never see him grow into a young man, fall in love, get married, or build a life of his own. He will never have the future we imagined for him.”
She said that discovering her unborn son could not be recognised as a separate victim had deeply affected her.
“I am aware that no sentence can undo what happened. Nothing can bring Jax back. Nothing can restore my body or mind to what they were before that night. However, accountability matters. Recognition matters. Acknowledgment of the full harm caused matters, not only to me, but to my family and to the memory of my son.”
Kavanagh told the court the accused was extremely remorseful for what had happened, the loss of the injured party’s child and the injuries caused. It had been a momentary lapse of concentration, with tragic consequences.
Judge Cormac Quinn said it was a very difficult case and that he would finalise matters on Friday.
