The driver whose front-seat passenger died on the Dingle peninsula last August has been given a four-month prison sentence for dangerous driving causing death.
It was suspended on condition that he paid token compensation to the family of the dead person, the court poor box and an oncoming truck driver.
At Tralee District Court yesterday, Massimo Pirilli (32), Merlengo, Merano, Italy, pleaded guilty to dangerous driving causing the death of Verena Ganner (36), a married mother of two, also from Italy.
Outlining the case, Garda Insp Martin McCarthy, prosecuting, said it was a serious charge and the Director of Public Prosecutions had elected to have the matter dealt with in the District Court.
On August 11th, 2006, Pirilli was driving a black Fiat Panda hired car and was on his way from Tralee to Dingle. Ms Ganner was a front-seat passenger. At the same time a Mercedes Benz truck was coming in the opposite direction.
At the entrance to Keane's pub and restaurant at Curraheen, Pirilli made a right turn and crossed the roadway to enter the pub grounds. As he did so, he drove into the path of the oncoming truck. The passenger side of the car received the impact. Ms Ganner suffered serious injuries and was removed to Kerry General Hospital, where she died.
The accused had no previous convictions in Italy and the family of the deceased had been kept informed of proceedings but had declined to be represented in court, Insp McCarthy said.
Solicitor Pat Mann for Pirilli said his client, a factory worker in Merano near Bologna, had been learning English in Dublin, on a course paid for by his wife. Ms Ganner was also on the course and they had formed a strong friendship.
They had decided to do a sightseeing tour of the country together.
They were on their way to Dingle when Pirilli, used to sitting on the left side of the car when driving in Italy, made "an error of judgment".
There was no question of alcohol or speed.
The truck driver did all he could to avoid the accident.
Pirilli was himself injured, bleeding and distressed at the scene, but had co-operated fully, Mr Mann said.
"There is still contact between the two families. There is no suggestion of rancour, blame or difficulty. He is still close to the two children of Verena."
Judge James O'Connor offered the sympathy of the court to Ms Ganner's family. They were to be complimented for bearing no hostility, he added.
The accident boiled down to "a lapse of concentration". The accused would carry the burden for as long as he lived, Judge O'Connor said.
Judge O'Connor sentenced Pirilli to four months' imprisonment, suspended on condition that he paid €3,000 to the Garda for the benefit of the injured party, particularly for the children, plus €500 to the court poor box.
He also directed that €500 be paid to the driver of the truck, who was in no way responsible but who must have suffered shock, trauma and distress.