A delivery van driver has been given a suspended sentence for careless driving, causing the death of an 83-year-old man in a supermarket car park.
Colm Rooney (54), who had been employed as a Tesco delivery driver for 4½ years, pleaded guilty to one count of driving a vehicle without due care and attention causing the death of Thomas Leeson, at Roselawn Shopping Centre, Blanchardstown, Dublin, on December 7th, 2024. The offence carries a maximum prison term of two years.
Dublin Circuit Criminal Court heard Rooney, of Stapolin Lawns, Baldoyle, Dublin, was driving the delivery van at 12km/h when the incident occurred. Dashcam footage was played to the court showing Leeson being hit by the van at chest height and falling backwards on to the concrete, striking his head.
Sergeant Colm Fox told barrister Kate Egan, prosecuting, that Leeson was conscious at the scene and was transferred to hospital where he died two weeks later from his injuries. Leeson suffered broken ribs, a fractured skull and a bleed to the brain.
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A collision report established the speed at which the van was travelling and that Rooney’s reaction time was slightly below average. He was breathalysed and drug tested at the scene, and was negative for all substances.
A victim impact statement by Leeson’s daughter Yvonne Kidd read to the court said Leeson was a “devoted” father, grandfather and great-grandfather. His absence is missed every day, in the big and little moments, and no sentence will ever bring him back.
Leeson had been a truck driver for more than 40 years and would have been the first to recognise the pressure delivery drivers are under, the statement said.
“Our dad deserved to live out his life, and we deserved more time with him.”
Passing sentence on Friday, Judge Elma Sheahan said aggravating factors in this case were the seriousness of the offending and the impact this loss has had on Leeson’s family. She set a headline sentence of 12 months.
The judge said she must have regard to the significant mitigation before the court in the form of Rooney’s early guilty plea, his good character with no previous convictions, and his contributions to his community. She took into account the character references handed into the court and that Rooney has shown genuine remorse and co-operated throughout.
Sheahan sentenced Rooney to nine months in prison, suspending it in full for nine months. She disqualified him from driving for two years.
The Garda sergeant agreed with Vincent Henegahan, defending, that there was no “outrageous” driving carried out by Rooney. He agreed with counsel that this was a case of a “momentary lapse in concentration”.
Heneghan said his client wanted to express his remorse to Leeson’s family. “That expression doesn’t just come today; it comes from the very first day he met the gardaí and all the way through this case. He is truly remorseful.”
He said Rooney no longer works as a driver but is still employed by the supermarket, which he described as significant because it shows his employer trusts him.
Heneghan described Rooney as a single man who lives a quiet life and has a big love for music. He has taken full responsibility for a tragedy that has happened, he said.
