A father whose young son was killed whilst out cycling after a driver failed to stop at a pedestrian crossing controlled by a red light has said that he will never get over the “violence of the impact” of the collision between the vehicle and the bike.
John Moynihan (62) of Parkanillane, Kilnamartrya, Macroom in Co Cork pleaded guilty to dangerous driving causing the death of Portuguese national André Castro Ladeiro (8) at Cork Road, in Carrigaline, Co Cork on August 12th, 2023.
The father of four faced a maximum sentence of ten years. However, mitigating factors such as the entering of a guilty plea, the lack of previous convictions or speed, and the absence of the consumption of drink and drugs were taken in to consideration by the sentencing judge.
Judge Dermot Sheehan jailed Mr Moynihan for three years with the last year suspended. He was also disqualified from driving for a period of six years.
At a hearing at Cork Circuit Criminal Court César Ladeiro the father of André, said that he could vividly recall the collision which killed his son.
‘The bang and him disappearing. I saw it then and every day since. No braking lights on that Ford Ranger Wildtrak. André was just a leaf in the road for that driver.
"I called 112. It was 9.21am. My wife screaming. People start to show up — don’t know from where.
"Don’t touch his head. Don’t take off his helmet’ is what I say to the man that holds André.”
Mr Ladeiro said that his wife Filipa, who is a nurse, checked on André and then stepped back.
“Filipa knew better than me how André was in that moment. I did not realise it until much later. While waiting for the ambulance André was breathing. Weakly but breathing.
"Unfortunately it was only on the way to the hospital that I realised how serious this accident was.
"CUH did surgery to open André’s scalp and bone and try to stabilise him but could not handle André’s case.”
Mr Ladeiro said that the couple’s younger son Tomas, who also witnessed the collision, was due to start in the same school as André a fortnight after the accident occurred.
However he said that André was transferred to Temple Street Hospital in Dublin where he died on August 16th, 2023. Whilst in hospital he noted that André had a swelling “like a basketball” and no longer looked like himself.
Mr Ladeiro stressed that whilst it was important to get justice for André there was “little peace" in seeing the driver behind bars.
“He (the driver) did not stop in a red light, had no awareness of the road and surroundings, did not try to turn or evade his (Andre’s) direction, and did not do an emergency stop.
"Before crossing André waited for the green man. This driver’s actions killed my son.”
In her victim impact statement Filipa, the mother of André, said that her family now live “day by day, sometimes hour by hour".
She stated that when André was born in December 2014 he filled their life with “wonderful feelings.”
Mrs Castro Ladeiro said that André settled well in Ireland when the family moved here in 2019.
“He made so many friends, he loved his school, he was always ready to take part in community activities or fundraising. He spread joy and kindness. He was so happy.”
She added that she had experienced the ‘the world’s worst nightmare’ of lying down next to her son in hospital as he passed away.
“There are countless days when I feel lost and I just want to feel close to him. Living this terrible trauma also is André’s brother who witnessed everything at only five years old. The impact on his life is unspeakable.”
Meanwhile, Judge Dermot Sheehan offered his heartfelt condolences to the parents and younger brother of the deceased. He told César and Filipa that the loss of their son was "horrific" and "no words could lessen their burden."
In sentencing Judge Sheehan said that the Ford Ranger Wildtrak driven by Mr Moynihan was “not really a car but a pick up truck.”
“People who drive these vehicles in urban areas where there are a lot of houses have an increased burden (of care). It is not the same as driving a car.”
Judge Sheehan said that an aggravating factor in the case was that Mr Moynihan broke the red light and the pedestrian crossing having turned in to area from a roundabout.
Garda Dinah Birnbaum had said in evidence that André had a green light at the pedestrian crossing whilst Mr Moynihan in his Ford Ranger Wildtrak was subject to a red light but did not stop. The pedestrian crossing is just 20 kilometres from a roundabout with the court hearing that some locals in Carrigaline have expressed concern about how close they are to each other.
Mr Moynihan is without previous convictions and the court was told that he wasn’t speeding or under the influence of drink and drugs when the fatal collison occurred. The court heard that he pleaded guilty at the earliest opportunity and was driving at an estimated 35 -37 KPH in a 50 KPH speed limit.
Garda Birnbaum said that when Mr Moynihan was interviewed in relation to the offence he told gardai that he wished he could “roll back the clock” in relation to what had occurred.
Defence barrister Jane Hyland, SC, said that he accepted his driving on the day was “dangerous” and that he would “continue to suffer to the end of his days” for what he had done.
She said that her client was a father of four and a grandfather of two. Ms Hyland said that Mr Moynihan, who owns a crane hire company, was fully aware of the gravity of his actions and was deeply sorry for what had occurred. Testimonials were given in to the judge with one friend describing Moynihan as a person who would “take the shirt off his back” for others.
Judge Sheehan paid tribute to the parents of the deceased for delivering their victim impact statements in person.
“To lose your child in that way is horrific. It is important that the parents know they have the courts condolences. No words of mine can lessen the burden that is placed on you. We do appreciate the pain that you have suffered. We are sorry you had to come to court today in these circumstances.”
Judge Sheehan said that the youngster was knocked down on a ‘busy road’ with a zebra crossing controlled by traffic lights.
“The line of sight for the accused was more than adequate. He had plenty of time to see what was going on. He wasn’t driving at speed. However, he drove through a red light. Not only that he drove through a pedestrian crossing.
“If the driver is watching he should be alert to the presence of pedestrians. He didn’t see what was directly in front of him. He didn’t apply the brake. No sign of him being aware of the pedestrian.
He noted that Mr Moynihan has suffered from post traumatic stress following the incident and was known in his community for his “kindness” and charitable works.
He added that whilst Mr Moynihan will “never do this again” it was important to impose a custodial sentence in the case.
Meanwhile, André was a a second class pupil at Owenabue Educate Together School in Carrigaline. His requiem mass took place at the Church of Our Lady and St John in Carrigaline. Offertory gifts included his various sporting medals and a finger painting of his handprints.
The hundreds of mourners at the mass were told André mastered English within six months of his arrival in Ireland so he could chat to his friends.
His father, Cesar spoke from the altar at the mass at the Church of Our Lady and St John in Carrigaline. He said that André had touched the lives of so many people in his short but action packed life.
He joked that when André was born on December 22nd, 2014, he quickly taught his parents that going for a drink, travelling or even getting sufficient sleep was going to be out of the question for a very long time.
“I think some of you can relate to this apparently! He teach us that it is not ‘we want’ that is right here. He showed us how to be a father and mother. He taught us how to live with our heart outside of our body and how to smile every single day and be grateful.
"On the day Tomas (his younger brother) was born André was thrilled. Someone he could always ask to join in with him and to conspire (with him). Someone to fight as well! He loved his brother. Tomas lost his pal this week.”
Carrigaline GAA, where the youngster played with the under eight team, provided a guard of honour at the mass. André was buried at All Souls Cemetery in Barnahely in Ringaskiddy, Co Cork.
