THE families of a man and a four year old boy, killed in a tragic road accident, yesterday pleaded with the judge in Cork Circuit Criminal Court not to send the teenage driver to prison.
Philip O'Sullivan (19), from Listry, Beaufort, Killarney, Co Kerry, was found guilty after a four day trial of driving dangerously at Burgess, Lower Killeagh, on May 12th last, causing the death of four year old David Smiddy and Mr Paul Kenneally (24).
O'Sullivan had been driving from Youghal when his car veered across the main road. It travelled along the hard shoulder on its incorrect side and struck Mr Kenneally and David Smiddy, who were out walking. Mr Kenneally's young son survived the accident.
A number of witnesses told the court that Mr O'Sullivan appeared to be asleep behind the wheel of the car.
The defendant could give no explanation for the accident and had no recollection of it until he saw the two pedestrians in front of the car and the vehicle striking them. He was unaware he was on the wrong side of the road until he stopped the car.
Mrs Mary Smiddy, the boy's mother, told Judge Patrick Moran that since the court case started they had got to know the O'Sullivans. "Myself and my husband do not think prison would be a solution," she said.
Mr Kenneally's wife, Anne, and his parents added that sending Philip O'Sullivan to prison would not bring Paul back.
Mr Edward Gleeson SC said the attitude of the families was "very Christian". People in the courtroom wiped away tears after the families spoke.
Judge Moran said that neither drink, speed nor reckless behaviour had caused the accident and he believed O'Sullivan had fallen asleep from exhaustion.
"You dozed off to sleep and you must have realised for a moment that something was wrong when you went straight up the car and then went back into a slumber."
"I was happy that the families spoke because I was wondering myself if prison was the place for you in view of your age and I take the view you are unlikely to reoffend. I am conscious of the fact that this tragic accident must have caused you and your family considerable upset," said Judge Moran.
He sentenced Philip O'Sullivan to two years penal servitude which he suspended, disqualified him from driving for eight year and imposed a £1,000 fine.
As he left the courtroom, O'Sullivan embraced members of the families of the victims.