Woman injured by traffic cone does not seek custodial term

A woman who was badly injured when a traffic cone fell on her head has asked a judge not to jail the man responsible. Kate Flannery (24), Grattan Road, Galway City, suffered a smashed skull and three cracked vertebrae following the incident in Edinburgh in November last year.

In December she underwent an operation to use bone from her hip to repair damage to her spine. Her arms and legs gradually got stronger and she left hospital in February. Ms Flannery now walks with the aid of a stick.

Australian-born Andrew Smith (30) pleaded guilty at Edinburgh High Court yesterday to culpable and reckless conduct. Smith had been drinking for several hours in a nightclub and admitted to have been drunk when he threw the cone off the George IV Bridge 40 foot below at about 3am.

Ms Flannery was chatting with friends outside a pub when she was struck on the head.

Smith's solicitor Gavin Anderson said he had been guilty of a "very stupid act" which had resulted in a "very tragic case with tragic results".

When Smith later found out from media reports about the consequences of his actions, he handed himself in to police.

Prosecuting solicitor Alex Prentice gave a letter to the judge at the trial. Mr Prentice said both Ms Flannery and her family "have indicated that they bear no ill-will against the accused and that they do not wish to see him receive a custodial sentence".

Mr Prentice said Ms Flannery had been studying occupational therapy at Edinburgh's Queen Margaret University College. She was due to graduate next month.

The court was told that it was "pure chance" that she was not permanently paralysed, although she is likely to have weakened limbs and she runs an increased risk of arthritis in later life. She may also have difficulty making fine movements with her fingers, which could affect her career.

However, Mr Prentice said Ms Flannery was rebuilding her life well and intended to return to Edinburgh in August. "She swims and sees a chiropractor daily. She is not driving at present, but she visits friends and shops."

Judge Lady Dorrian called for background reports and allowed Smith, who has no previous convictions, to remain on bail.

He is due to return later this month to be sentenced.