A MAN has gone on trial at Dublin Circuit Criminal Court for dangerous driving causing the death of a female cyclist.
Saleh Moxamed (39) of Fernwood Avenue, Tallaght, has pleaded not guilty to dangerous driving causing the death of Viorica Fistic at the junction of Conyngham Road and Parkgate Street, Dublin, on December 2nd, 2006.
He has also pleaded not guilty to failing to stop his vehicle, failing to keep his vehicle in the place where injury occurred, failing to provide information, failing to report the incident at a Garda station and breaking a red light at the same location and date.
In his opening address to the jury, Colm Ó Briain, prosecuting, said Ms Fistic had been cycling on the left lane close to the footpath outside the Courts of Criminal Justice building, which was then under construction, with another person on the bike’s back carrier.
He said there would be evidence that Mr Moxamed’s white Toyota Corolla vehicle brushed against the passenger and made contact with the bike at the junction.
Counsel said Ms Fistic fell to the right and suffered a fatal injury to her head when she hit the ground.
Mr Ó Briain said Mr Moxamed had broken a red light metres before the collision and that the bicycle had been clearly visible ahead on the road.
A motorist at the time told Mr Ó Briain he recalled approaching the traffic lights at the junction as he drove behind a double-decker bus heading towards the city centre.
Seán Hayes said the bus drove through as the lights turned from green to amber, but he had to stop because there wasn’t enough time for his vehicle to pass before the red light.
He recalled seeing a white car to his left drive through the red lights, followed by a collision with a cyclist.
Mr Hayes said he heard a scream from the cyclist, who he had noticed because she had a passenger on her bike, and that it looked like she went with the white car for a few yards before she fell off.
He said the white car drove on after the collision.
Mr Hayes pulled his vehicle in further up the road when he got the chance.
He then phoned for an ambulance.
The witness told Mr Ó Briain that he made a statement the following day when his girlfriend heard about a Garda call for witnesses to the incident.
He agreed with Justin McQuade, defending, that traffic was heavy enough and all vehicles had been travelling at the same speed.
He explained to Mr McQuade that he knew the junction and was looking up at the light, “cursing the light for being red”, when he saw the white car driving on.
The trial continues before Judge Desmond Hogan and a jury of seven women and five men.